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HomeMy WebLinkAbout9507486010918312 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS COZY718 Shane Johnson of lawful age, being first duly sworn upon his oath, states and certifies as follows: 1. That he is the duly elected and acting Sheriff in and for Lincoln County, State of Wyoming, and makes this Certificate of Sale in his capacity as such. 2. That a default has occurred under the terms of (a) that certain promissory note dated January 30, 2007, executed and delivered by Marilee Trahan to Mortgage Electronic Registration Systems, Inc., as nominee for People's Choice Home Loan, Inc. and (b) that certain mortgage dated January 30, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 5, 2007, at Reception No. 926556 in Book 648 at Page 127 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, and which Mortgage covers that certain real property described below, as follows, to -wit: COSPkg LOT NINETEEN (19) OF STAR VALLEY RANCH PLAT 21, RECORDED OCTOBER 22, 1982 AT DOCUMENT NUMBER 586332, MAP NUMBER 284, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING with an address of 382 Butte Drive, Star Valley Ranch, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: LNV Corporation Inc. Assignment dated: December 3, 2008 Assignment recorded: January 2, 2009 Assignment recording information: at Reception No. 944479 in Book 712 at Page 376 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. 3. That no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof. 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, LNV Corporation Inc. "Mortgagee elected to foreclose the same and at the request and direction of Mortgagee a written notice of the intention to foreclose the Mortgage was served upon the record owner and the party in possession of said real property at least ten (10) days prior to commencement of the first publication of the foreclosure sale notice, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof. 5. That Mortgagee has caused publication to be made of a notice of foreclosure sale in the Kemmerer Gazette, a newspaper published and having general circulation in Lincoln County, State of Wyoming, once a week for RECEIVED 11/24/2009 at 11:21 AM RECEIVING 950748 BOOK: 736 PAGE: 718 JEANNE 1 :R I 1181/ rI I.I P./% 1 in l Certificate of Sale Trahan 09 -20005 Page 1 of 7 four (4) consecutive weeks, commencing with the October 29, 2009 issue of said newspaper and ending with the November 19, 2009 issue thereof; that said notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof, and that said notice as mailed and published, did comply in all respects with the requirements of the statutes relating to foreclosures of mortgages by advertisement and sale; and that a copy of said notice and the publisher's affidavit of publication thereof are attached hereto as Exhibit B and by this reference made a part hereof. 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to -wit: On November 24, 2009 at 10:00 o'clock in the forenoon, at the front door of the Lincoln County Courthouse in the City of Kemmerer, Lincoln County, State of Wyoming, the undersigned proceeded to sell the above described real property at public auction in accordance with the notice of foreclosure sale by then and there calling for bids on said real property; and that the highest and best sum bid for said real property was the sum of $221,000.00 "Bid Sum which was bid and offered by LNV Corporation Inc. "Successful Bidder and that after soliciting and calling for other and higher bids therefore, and receiving none from those attending upon the sale, said real property was struck off and sold by the undersigned to the Successful Bidder for the Bid Sum; and that the Bid Sum was thereupon paid and the sale of said real property was then and there completed as by law provided. 7. That the sum of $2,114.60 is to be paid to Castle, Meinhold, Stawiarski Legal Services, LLC, the attorneys for Mortgagee, as compensation for services actually rendered in the foreclosure proceeding, said attorneys having made an affidavit as required by the statutes of the State of Wyoming, a copy of said affidavit being attached hereto as Exhibit C, and by this reference made a part hereof. 8. That the sale of the above described real property was made in full compliance with the provisions of the Mortgage thereby foreclosed and was in all respects conducted in conformity with ,the requirements of the Wyoming Statutes. 9. That said Successful Bidder shall be entitled to a deed to the above described real property, together with all improvements thereon situate and all fixtures and appurtenances thereto, at and upon expiration of three (3) months and thirty (30) days from and after November 24, 2009, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. DATED at Kemmerer, Lincoln County, State of Wyoming, this 24 day of November 2009. COSPkg Sheriff in and for Lincoln County, State of Wyoming Title: Shane Johnson Deputy Sheriff 71. 9 Certificate of Sale Trahan 09 -20005 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 24 day of Noven►bPr 2009. My Commission Expires: COSPkg Witness my hand and official seal. L SAVANNA L. HAWKES NOTARY PUBLIC U NTY OF STATE OF INCOLN WYOMING „Jy,Gommission Expires 21)1 ACKNOWLEDGMENT SS Notary Public Certificate of Sale Trahan 09 -20005 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA CERTIFIED MAIL NO. NOI: 71786575345000293602 CERTIFIED MAIL NO. FSN: 71786575345000302595 Marilee Trahan 382 Butte Drive Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000293626 CERTIFIED MAIL NO. FSN: 71786575345000302625 LNV Corporation Inc. 15770 Dallas Pkwy LB 62 Dallas, TX 75248 -3305 COSPkg EXHIBIT A 3721 AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS Danette Baldacci of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Castle, Meinhold, Stawiarski Legal Services, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated January 30, 2007 (the "Mortgage and recorded on February 5, 2007, at Reception No. 926556 in Book 648 at Page 127 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, wherein Marilee Trahan "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for People's Choice Home Loan, Inc. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: LNV Corporation Inc. Assignment dated: December 3, 2008 Assignment recorded: January 2, 2009 Assignment recording information: at Reception No. 944479 in Book 712 at Page 376 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming; by advertisement and sale as provided under the provisions of Wyo. Stat. 34 -4 -101, et seq. (2003). The Mortgage was foreclosed by reason of default having occurred under the terms of the note secured thereby. 2. That written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the person in possession by certified mail, return receipt requested, mailed to the last known address of the record owner and the person in possession at least ten (10) days before commencement of the first publication of the notice of the foreclosure sale as follows, and that a copy of the published Foreclosure Sale Notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, before the notice was published, as follows: CERTIFIED MAIL NO. CERTIFIED MAIL NO. Occupant 382 Butte Drive Star Valley Ranch, WY CERTIFIED MAIL NO. CERTIFIED MAIL NO. Marilee Trahan P.O. Box 1192 Thayne, WY 83127 NOI: 71786575345000293619 FSN: 71786575345000302601 83127 N01: 71786575345000293633 FSN: 71786575345000302618 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 12, 2009 and the date of the first publication of the notice of foreclosure sale was October 29, 2009. Certificate of Sale Trahan 09 -20005 Page 4 of 7 State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC AMBER D. MODGES STATE OF WYOMING COUNTY OF NATRONA net Baldc Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 1 day of Nova ,\G 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial officer) AiCk y ,Ui Title (and Rank) My commission expires: 2c,3 Certificate of Sale Trahan 09 -20005 Page 5 of 7 AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has <oc curredunderthe terms of a promissory note (the. "Note dated January 30, 2007, executed and"dblivered by Marilee Trali "Mortgagor(s) to Mortgage Electronic RegistradOti5,ystemsi =litc 4 as-n ominee for' =People's Choice Home Loan Inc,, and a teal "estatemortga (the `�1Vl ortgag e of the same date'securing" the Note,'which Mortgage was executed'and de- livered by said' Mortgagor(s), to said Mortgagee, and which Mortgage was recorded cin'February` 5, 2007, at Reception No. 926556 in Book 648 at Page 127' in the,records" of the office of `the'C'ounty'Clerk'and:ex officio Register of Deeds in` and for' Lincoln County, State of" Wyoming; and }WHEREAS,'the mortg was assigned for value as follows: Assignee: LNV Corporation Assignment dated: December 3, 2008 Assignment recorded: January;2, 2009 Assignment recording information: at Reception No. 944479 in Book 712 at Pa e 376 All in the records of the Count}Clerk and'ex- `officio Register of Deeds in and for Lincoln %County; Wyoming, WHEREAS, the Mortgage contains apower of sale which by reason of said default, the Mortg d ecl"ares s to have :become operative, ai d no suitor proceeding has been inshtuted•at law to recover the debt secured by the Mortgage, or any part thereof, nor�has any such suit or proceeding been instituted and the same discontin anc WI REAS, written rlottce of intent to foreclose the Mortgage by, advertisement arid` sale has peen serv a on the record owner and the party in.possesston of the ortgaged preth ses at least ten (10) days prior to the commencement` o this publication, and the amount due upon the Mortgage on the date f first publ cation of this notice of sale bein t he total 'm of $279,3917 which" sum. consists of the unpaid principal balance $262, -167, 5 pins interest accrued to the date of the first pub lication :of this'nottce the amount of a attorneys' fees, costs expended',' and' accruing est' and' late charges fter the -date: of first publication of this notice of WHEREA The propert bein foreclosed upon may subject to other liens a nd encumbrances that wi not, be extinguished at the sale.; Any mating pion "pecti•e purchaser should research'.the status of title before sub a bid; N OW TIREFORE X NV Corporation, as the ,Mortgagee will h ave the Mortgage foreclosed as by law.prov`tde caus the, mortgaged property to be sold at public venue qty the S�herdf or De puty Sheriff and for Lt c c o�ttttty, Wyoming to f e h gbest bidde for cash at 1 0 :00 o'clock in t goon ou No 24, 20 09 at the front door of the Lincoln C u Coturth located at 92 Sage Avenue, Kemmie WY, Lincoln C, ty ?ror appli cation on.the a $ove- des amoun s ecured: by the l ortgage aid mortgaged`property described'a f ollows, to w it: L;OT NTNETI EN (19) OF STA,R m R A N C ID PLA 2 1, RE- CORDED OCTOBER 22, 1982 AT D OCUME N T N UMBER, 5 86332. MAP NUMBER'2 4, OFFI OF.THE CL `LINCOLN COUNTY, WY O VcING with an address of 382 Butte Drive Star' Valle Ranch, WY 83127. Together With ail improvement's thereon situate' a all fixtu and appurtenanc PUBLISH: Oct. 29, ROSEMARY CAPELLEN NOTARY PUBUC County d a Ude of Uncolo *Amite Commission Expires May 5, 7012 COSPkg Dane LNV"Corp oration Inc. By e Meinhold Stawiarski L egal S entices LLC 3305. Walsh Drive, Ste." 202 7, 333 Ca sper W 82 0040` (30) 009 (09- 20005) 1029G 5379 EXHIBIT B PUBLISHER'S AFFIDAVIT u723 STATE OF WYOMING ss. County of Lincoln e Baldacci I, Michael Jensen, do solemnly swear that I am the publisher of the Kemmerer Gazette, a weekly paper of general circulation, published once a week at Kemmerer, Lincoln County, Wyoming that the notice attached hereto, and which is part of the affidavit, was published in said newspaper for 4 insertions, the first publication having been made on the 2.q day of A.D., 20 9` and the last publication on the L day of "1 1 i JQ f"t€ A.D., 20 09 that said notice was published in a regular and entire issue of the paper(s) in which it was published; and that said notice was published in the newspaper proper, and not in a supplement. Michael Jensen, Publisher Subscribed in my presence and sworn to b me Qn this day of A.D., 20 O Certificate of Sale Trahan 09 -20005 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS Danette Baldacci, of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is a resident attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Castle, Meinhold, Stawiarski Legal Services, LLC who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That Castle, Meinhold, Stawiarski Legal Services, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $2,114.60 as compensation for services actually rendered in the foreclosure proceeding. COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs Total $2,114.60 3. That the above mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by the law firm of Castle, Meinhold, Stawiarski Legal Services, LLC. There is no agreement, express or implied, between such attorneys and their client, nor between such attorneys and any other person not a practicing attorney of the State of Wyoming engaged with them as an attorney in this foreclosure proceeding, for any sharing or division of said fee to be added to the debt involved, and said fee when so added to the debt involved shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in the State of Wyoming and residing therein. FURTHER AFFIA SAYETH NAUGHT. State of Wyoming County of Natrona My commission expires: A' 2_01"b 600.00 914.00 52.00 441.60 50.00 26.00 11.00 10.00 10.00 (Signature of notarial officer) N-- +c, /b\ Title (and Rank) anette AT ci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on j9 day of AIcwrt,,y,bc, 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. Certificate of Sale Trahan 09 -20005 Page 7 of 7