HomeMy WebLinkAbout9513946010918430
STATE OF WYOMING
COUNTY OF LINCOLN
M. Shane Johnson
CERTIFICATE OF SALE
SS
000405
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 June 11, 2007, executed and delivered by Zackery
P. Taggart and Jessica Taggart to Mortgage Electronic Registration Systems,
Inc., as nominee for SecurityNational Mortgage Company and (b) that certain
mortgage dated June 11, 2007 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on June 20, 2007 and re- Recorded on: August 15, 2007, at
Reception No. 930536 in Book 662 at Page 820 and re- Recorded at Reception
No. 932161 in Book 668 at Page 838 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:
LOT 16 OF ROCKBRIDGE MEADOWS FIRST ADDITION TO THE
TOWN OF AFTON, LINCOLN COUNTY, WYOMING AS
DESCRIBED ON THE OFFICIAL PLAT ON JULY 14, 2005 AS
INSTRUMENT NO. 909983 OF THE RECORDS OF THE
LINCOLN COUNTY CLERK.
with an address of 45 Miles Meadow, Afton, WY 83110
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: BAC Home Loans Servicing, L.P.
Assignment dated: November 9, 2009
Assignment recorded: November 16, 2009
Assignment recording information: at Reception No. 950561 in Book 735 at Page
874
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, BAC Home Loans Servicing,
L.P. "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.
COSPkg
RECEIVED 1/5/2010 at 11:43 AM
RECEIVING 951394
BOOK: 739 PAGE: 405
JEANNE WAGNER
LINCOLN COUNTY CLE EMMERER, WY
Certificate of Sale
Taggart 09 -23485
Page 1 of 7
000406
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
four (4) consecutive weeks, commencing with the December 10, 2009 issue of
said newspaper and ending with the December 31, 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 January 5, 2010 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
$200.333.28 "Bid Sum which was bid and offered by
BAC Home Loans Servicing, L.P. "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 $2,018.20 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 January 5, 2010, 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
5 day of January, 2010
COSPkg
By
Title:
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
Print Name: Doug Roberts
Deputy Sheriff
Certificate of Sale
Taggart 09 -23485
Page2of7
STATE OF WYOMING
COUNTY OF LINCOLN
ACKNOWLEDGMENT
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by Do»g Roberts
Deputy Sheriff of Lincoln County, State of Wyoming, this 5 day of
a n,��r y 7n1 n, 2. O&
Witness my hand and official seal.
My Commission Expires:
COSPkg
000407
Jenny Clarke Notary Public
County of it of
Lincoln "+r'• „`E oming
My Commissio
M1 t .:'.4�evr 1
Certificate of Sale
Taggart 09 -23485
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
Zackery P. Taggart
45 Miles Meadow
Afton, WY 83110
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
Zackery P. Taggart
P.O. Box 465
Thayne, WY 83127
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
N01: 71786575345000323262
FSN: 71786575345000328168
N01: 71786575345000323286
FSN: 71786575345000328182
CERTIFIED MAIL NO. NOI: 71786575345000323309
CERTIFIED MAIL NO. FSN: 71786575345000328205
BAC Home Loans Servicing, L.P.
400 Countrywide Way, SV 35, P.O. Box 10232
Simi Valley, CA 93065 -6298
COSPkg
EXHIBIT A
SS
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
Jessica Taggart
45 Miles Meadow
Afton, WY 83110
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
Jessica Taggart
P.O. Box 465
Thayne, WY 83127
000408
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 June
11, 2007 (the "Mortgage and recorded on June 20, 2007 and re- Recorded on:
August 15, 2007, at Reception No. 930536 in Book 662 at Page 820 and re-
Recorded at Reception No. 932161 in Book 668 at Page 838 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 Zackery P. Taggart and Jessica Taggart
"Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration
Systems, Inc., as nominee for SecurityNational Mortgage Company is the named
mortgagee, which Mortgage was assigned for value as follows:
Assignee: BAC Home Loans Servicing, L.P.
Assignment dated: November 9, 2009
Assignment recorded: November 16, 2009
Assignment recording information: at Reception No. 950561 in Book 735 at Page
874
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:
N01: 71786575345000323279
FSN: 71786575345000328175
N01: 71786575345000323293
FSN: 71786575345000328199
CERTIFIED MAIL NO. NOI: 71786575345000323316
CERTIFIED MAIL NO. FSN: 71786575345000328212
Occupant
45 Miles Meadow
Afton, WY 83110
Certificate of Sale
Taggart 09 -23485
Page 4 of 7
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was November 23, 2009 and the date of the first publication of the
notice of foreclosure sale was December 10, 2009.
State of Wyoming
County of Natrona
COSPkg
FURTHER AFFIANT SAYETH NAUGHT.
NOTARY PUBLIC
AMBER D. HODGES
STATE OF WYOMING
COUNTY OF NATRONA
MY Commission Expires Oct 05, 2013
1 41.1,11 (A,►
J
00409
B
anette B f."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
Z day of L, 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
(Signature of notarial officer)
i a;kI(V Pc
Title (and Rank)
My commission expires:(] -5 ZE 8
Certificate of Sale
Taggart 09 -23485
Page 5 of 7
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
nominee
atioonal Mortgage "i
gage (the tS gage. of the same date securing die Nott; !hich Mort-
gage was executed and delivered by said Mortgagor(s), to said Mort-
gagee, and which Mortgage, was recorded on June 20, 2007, at Recep-
tion No. `930536 in Book 662 at Page 820 and re- Recorded on August 15,
2007 at Reception No 932161 in Book 668 at Page; 838 in the records of
e ffiCe of County 'Clerk and ext officio Register of Deeds in and for
$AStlie or gag,wvas assigned for vi
Assignee Home Loans Serv L
As signmen idated November, 9, 2909
N ovembe
Assi gnmet
73 at�a
All in the records of the County Clerk and ex officio Register of Deeds
in and for Lincoln County, Wyoming
WHEREAS, the Mortgage contan a pow of sale whi ch
of!said,de ault;', he�, o age e decl h ave b eco n aped ative by and no
suit, or pro ceed i¢ has been ink AUI. to recov e debtr,secured
CLE
f'oreclosed�'as by'taw'
ol C at b 0 svenUe b
on ma
written notice,o:
advert seine t.,and she has teen' "se
party in possession of the,m
t o iie` eomnie#icometit;of tins r �;i
g age on dat o
of
PO s;
firs
Ni
gagee willlhave the
themortgagedpropei
Sheriff in and for
cash at 10 :00 o clock`''
of the Lincoln County
WY Lincoln County,
secured by the MOrtg
-Y
follows, to-wit,,
LOT 16 OF ;r
THE TOWN.. OF
SCRIBED ON
0.90983 0
an address of
ogether with all:;i nr
appurtenance`s'thereto.
ROSEMARY CAPELLEN NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires May 5, 2012
PUBLISH: Dee. 10; 1'7, 23, 30, 2009;`(09. 23485)
COSPkg
to foreclose the Mortgage by
on the;record:owner and the
PUBLISHER'S AFFIDAVIT
ateo
sg;attorneye"Ides,
ifter the date; of
subject, to
rovided by causing
e Shenff or Deputy
hi ghest bidder for
10.`at the front door,
venue, Kemmerer,
escabed ,at ounts
cril ed:as'
ITION TO
A =DE
T T_
oars Ser'vicing,.L.P.
Iy, riette „T aldacci
Meinhold Stawiarski;
egal'rServices,.LLC
sl °;Drive, `Ste 202'..
er, WY'82609 -0000
(307) 3335379,,
1`210C
EXHIBIT B
000
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
10 day of '7C.8.00,
A.D., 20 O' and the last publication on
the day of 112eL
A.D., 20 OJ 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 no in a
supplement.
Michael Jen n, Publisher
Subscribed in my presence and sworn to
befarQ me on this CJ day of
Oe-WY A.D., 20 09
Certificate of Sale
Taggart 09 -23485
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
000411
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 $2,018.20
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 Assn of Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Costs
600.00
745.00
78.00
8.00
469.20
50.00
26.00
11.00
11.00
10.00
10.00
Total $2,018.20
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 AFF AN ETH NAU HT.
j 4
iA1
D. ette Bale •ci
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
7day of 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
NOTARY PUBLIC
AMBER D MODGES
STATE OF WYOMING
COUNTY OF NATRONA
ommission E Oct 06, 13
COSPkg
(Signature of notarial officer)
Title (and Rank)
My commission expires: `5, i 3
Certificate of Sale
Taggart 09 -23485
Page 7 of 7