HomeMy WebLinkAbout9510836010918441 CERTIFICATE OF SALE
c
v ri STATE OF WYOMING (00246
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a: x
COUNTY OF LINCOLN
W
t p a M. Shane Johnson of lawful age, being first duly sworn
o r upon his oath, states and certifies as follows:
fi a Y
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 March 27, 2007, executed and delivered by Orlene
M. Coscia to Mortgage Electronic Registration Systems, Inc., as nominee for
BNC Mortgage, Inc. and (b) that certain mortgage dated March 27, 2007 (the
"Mortgage securing said note, which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on April 2, 2007, at
Reception No. 928080 in Book 653 at Page 160 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:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1 BLOCK
8 IN THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING,
AND RUNNING THENCE SOUTH 10 RODS; THENCE EAST 2
RODS; THENCE NORTH 10 RODS; THENCE WEST 2 RODS TO
THE PLACE OF BEGINNING
with an address of 52 E. 2nd Avenue, Afton, WY 83110
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Citibank, N.A. as Trustee for BNC Mortgage Loan Trust 2007 -3, Mortgage
Pass Through Certificates, Series 2007 -3
Assignment dated: October 20, 2009
Assignment recorded: November 3, 2009
Assignment recording information: at Reception No. 950355 in Book 735 at Page 133
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, Citibank, N.A. as Trustee for
BNC Mortgage Loan Trust 2007 -3, Mortgage Pass Through Certificates, Series
2007 -3 "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
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RECEIVED 12/15/2009 at 11:09 AM
RECEIVING 951083
BOOK: 738 PAGE: 246
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Coscia 09 -23823
Page 1 of 7
C:044247
having general circulation in Lincoln County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the November 19, 2009 issue of
said newspaper and ending with the December 10, 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 December 15, 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
$47,897.50 "Bid Sum which was bid and offered by Citibank, N.A. as Trustee
for BNC Mortgage Loan Trust 2007 -3, Mortgage Pass Through Certificates,
Series 2007 -3 "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 $1,711.20 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 December 15, 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
i s day of DerPmher 2009.
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name:
Title:
Cliff B
d
Deputy Sheriff
Certificate of Sale
Coscia 09 -23823
Page 2 of 7
STATE OF
COUNTY OF
The foregoing instrument was subscribed in my presence and
acknowledged before me by cliff Rnyd
Deputy Sheriff of Lincoln County, State of Wyoming, this 15 day of
December 2009.
My Commission Expires:
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WYOMING
LINCOLN
ACKNOWLEDGMENT
SS
Witness my hand and official seal.
Not
Jenny Clarke 41,i,„ Notary Public
C ounty of State of
Lincoln 4 rc ,,:•;,_,�ti
W yoming
n
My Commission Fxpir ^s
C�0 24S
Certificate of Sale
Coscia 09 -23823
Page 3 of 7
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
000249
STATE OF WYOMING
SS
COUNTY OF NATRONA
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
March 27, 2007 (the "Mortgage and recorded on April 2, 2007, at Reception
No. 928080 in Book 653 at Page 160 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 Orlene M. Coscia "Mortgagor(s) the named mortgagor(s),
and Mortgage Electronic Registration Systems, Inc., as nominee for BNC
Mortgage, Inc. is the named mortgagee, which Mortgage was assigned for value
as follows:
Assignee: Citibank, N.A. as Trustee for BNC Mortgage Loan Trust 2007 -3,
Mortgage Pass Through Certificates, Series 2007 -3
Assignment dated: October 20, 2009
Assignment recorded: November 3, 2009
Assignment recording information: at Reception No. 950355 in Book 735 at Page
133
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. NOI: 71786575345000314758
CERTIFIED MAIL NO. FSN: 71786575345000317339
Orlene M. Coscia
52 E. 2nd Avenue
Afton, WY 83110
CERTIFIED MAIL NO. NOI: 70090820000019101343
CERTIFIED MAIL NO. FSN: 70090820000019103696
Citibank, N.A. as Trustee for BNC Mortgage Loan Trust 2007 -3,
Mortgage Pass Through Certificates, Series 2007 -3
10790 Rancho Bernardo Road
San Diego, CA 92127
CERTIFIED MAIL NO. FSN: 71786575345000317346
Orlene M. Coscia
2209 N. Main St., #171
Cleburne, TX 76031
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CERTIFIED MAIL NO. NOI: 71786575345000314765
CERTIFIED MAIL NO. FSN: 71786575345000317346
Orlene M. Coscia
PO Box 1576
Afton, WY 83110
CERTIFIED MAIL NO. NOI: 71786575345000314772
CERTIFIED MAIL NO. FSN: 71786575345000317353
Occupant
52 E. 2nd Avenue
Afton, WY 83110
Certificate of Sale
Coscia 09 -23823
Page 4 of 7
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was November 6, 2009 and the date of the first publication of the
notice of foreclosure sale was November 19, 2009.
State of Wyoming
County of Natrona
FURTHER AFFIANT SAYETH NAUGHT.
My commission expires,
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MING
V OF NATRONA
'P,rrp Oct OS. 2013 IP
By 'anette BaI•acci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
/7)day of c o n1br 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
(Signature of notarial officer)
A)d4aiy c,e rC
Title (and Rank)
5, 213
60C+250
Certificate of Sale
Coscia 09 -23823
Page5of7
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
OTIC
citial and interest has oc
JJ 4Vn M e t s kK
is arre °d under heNtert s f a m h Y of (s ate dated I+areh
G`l, 200 7 executes an
to Mort
gage Electra C gistrattcin Systems,aInc as nominee for BNC
Mortgage, Inc., and a real estate mortgage'(the "Mortgage of the s ari e
date s cur�in the Note, which Mortg was executed and delivered
`by'
sai&Mo gagor(s), ^to�said, Mortgagee and, wh Mortgage was recorded
ec No '928080 in Book 653 at Page 160 in
erk and ex- officio Register of
f�W yoming; a n
ed4for value a s follows
tgage :I rtaTrust
Assignmen`
v Assignments
Assign llent
705 at P
All in
in and fort e o
of said dA q
suit or da
.by the M onti "g±
ti fln r y
e p't
publication of this notice of s
WHEREAS, The property being foreclosed upon may be subject to
other liens' and:e3 cumbrances thatwill be sale.
Any prospectiveptirchaser should rrsearch status of title before sub
miffing a bid;
NOW ?.THEREEORE Citibank, N.A. as Trustee for BNC Mortgage
Loan Trust 2007.3; Mortgage Pass Through Certificates, Series 2007-3
as the Mortgagee, wi11,`have the Mortgage fbreclosed as by law provided
by causing the mortgaged ;property to be'sold at public venue by the
Sheriff or Deputy''Sheriff yin and'`ftr `Lincoln "County,' Wyoming to the
highest bidder for cash at 10:00'o in the forenoon on 'Dec
15, 2009 at the front door of the Lincoln County Courthouse located at
925 Sage Avenue, Kemmerer, WY, Lincoln County for application on
the above described amounts secured by the Mortgage, said mortgaged
property being described as follows, to "wit:
Beginning'at the Northwest Comer of Lot One (1) of Block Eight (8)
in the Town of Afton, Lincoln County, Wyoming, and running thence
South Ten (10) rods; thence East Two (2) rods; thence North Ten (10)
rods; thence West Two (2) rods to=the place of beginning
with an address of 52 E. 2nd Avenue, Afton, WY 83110.
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
ROSEMARY CAPELLEN NOTARY PUBLIC
County of a State of
L'mcoin 4, y. Wyoming
My Commission Expires May 5, 2012
Ci tibik, N.A. as Trustee for BNC Mortgage Loan Trust 2007 -3,
Mortgage Pass- Through Certificates, Series 2007 -3
By: Danette Baldacci
Castle, Meinhold Stawiarski
Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307) 333 5379
UBLISH: Nov.' 19, 25, Dec. 3, 10, 2009 (09- 23823) 1119D
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oak
EXHIBIT B
PUBLISHER'S AFFIDAVIT
ICI day of
me on
F'1t1
000251
STATE OF WYOMING
ss.
County of Lincoln
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
A.D., 20 and the last publication on
the day of I ke dl 01 yh 3
A.D., 20 i!)1 that said notice was
published in a regular and entire issue of
the paper(s) in which it was published; and
that said riotice was published in the
newspaper proper, and not in a
supplement.
Michael J en, Publisher
Subscribed in my presence and sworn to
this 10 day of
A.D., 20 a
Certificate of Sale
Coscia 09 -23823
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
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 $1,711.20
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Record AOM
Publication Cost
Conduct Sale
Record Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Costs
EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
600.00
475,00
52.00
8.00
469.20
50.00
26.00
11.00
10.00
10.00
Total $1,711.20
000252
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 AFFIANT YETH NAUGHT.
02. LAW
yes anette BI!
Castle, Meinhold, Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
(0 day of 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
(Signature of fi tarial officer)
A)v`(u,,r- P <c
Title (and Rank)
My commission expires:CtA zDt3
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NOTARY PUBLIC
AMBER D. HODGES
STATE OF WYOMING
COUNTY OF NATRONA
M Commission Ex Yes Oct 05. 2013
Certificate of Sale
Coscia 09 -23823
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