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HomeMy WebLinkAbout9518336010917651 0 o STATE OF WYOMING M SS 000077 c" 0Q COUNTY OF LINCOLN a x Ste. a` M. Shane JOhnson of lawful age, being first duly sworn n c upon his oath, states and certifies as follows: i 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 May 10, 2007, executed and delivered by Lance H. Scofield to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. dba America's Wholesale Lender and (b) that certain mortgage dated May 10, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 14, 2007, at Reception No. 929321 in Book 657 at Page 795 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 CERTIFICATE OF SALE LOT 19 OF ROCKBRIDGE MEADOWS FIRST ADDITION TO THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT NO. 360 -D FILED ON JULY 14, 2005 AS INSTRUMENT NO. 909983 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 9 Mile 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 18, 2009 Assignment recorded: December 9, 2009 Assignment recording information: at Reception No. 950986 in Book 737 at Page 714 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. 5. That Mortgagee has caused publication to be made of a notice of foreclosure sale in the Kemmerer Gazette, a newspaper published and RECEIVED 1/26/2010 at 11:26 AM RECEIVING 951833 BOOK: 741 PAGE: 77 JEANNE WAGNPR LINCOLN COUNTY CLEFT. "JIMERER, WY Certificate of Sale Scofield 09 -03493 Page 1 of 7 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the December 30, 2009 issue of said newspaper and ending with the January 21, 2010 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 26, 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 $251,000.00 "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 $4,934.31 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 26, 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 26th day of January 2010. COSPkg By: Title: M. Shane Johnson Deputy Sheriff e0i. 078 Sheriff in and for Lincoln County, State of Wyoming Print Name: r' Cliff Boyd Certificate of Sale Scofield 09 -03493 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN ACKNOWLEDGMENT 006079 SS The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 26 thday of January 2010 My Commission Expires: COSPkg Witness my hand and official seal. Notary Public SAVANNA L. HAWKES NOTARY PUBLIC COUNTY OF n STATE OF LINCOLN WYOMING ,My �CommissionExpires "t)Zr h\ Certificate of Sale Scofield 09 -03493 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 May 10, 2007 (the "Mortgage and recorded on May 14, 2007, at Reception No. 929321 in Book 657 at Page 795 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 Lance H. Scofield "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for. Countrywide Home Loans, Inc. dba America's Wholesale Lender is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: November 18, 2009 Assignment recorded: December 9, 2009 Assignment recording information: at Reception No. 950986 in Book 737 at Page 714 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: 71786575345000336958 CERTIFIED MAIL NO. FSN: 71786575345000340603 Lance H. Scofield 9 Mile Meadow Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000336972 CERTIFIED MAIL NO. FSN: 71786575345000340627 BAC Home Loans Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. N01: 71786575345000336996 CERTIFIED MAIL NO. FSN: 71786575345000340641 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 COSPkg EXHIBIT A SS 0000030 CERTIFIED MAIL NO. NOI: 71786575345000336965 CERTIFIED MAIL NO. FSN: 71786575345000340610 Lance H. Scofield P.O. Box 7706 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 71786575345000336989 CERTIFIED MAIL NO. FSN: 71786575345000340634 Occupant 9 Mile Meadow Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000337009 CERTIFIED MAIL NO. FSN: 71786575345000340658 Countrywide Bank, FSB 1199 North Fairfax St., Suite 500 Alexandria, VA 22314 Certificate of Sale Scofield 09 -03493 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 17, 2009 and the date of the first publication of the notice of foreclosure sale was December 30, 2009. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. Title (and (Rank) My commission expires f -5 e013 This instrument was acknowledged before me on day of 3 2010 by Danette Baldacc as attorney of Castle, Meinhold and Stawiarski �L al Services, LLC. NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA 3 ConmTNsion E Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signaf re ofr9o.arial officer) Ludic C,0u081 Certificate of Sale Scofield 09 -03493 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has oc curred under the, terms of a promissory` note (the "Note dated May 10„ 2007, executed and delivered by Lance H. Scofield "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for Coup trywide Home Loans, Inc. dba America's Wholesale Lender, and a real, estate mortgage (the 'Mortgage") of the same date securing the=:Note,,, which" Mortgage was e cecutedVntr dehi said Mortgagor(s), to" said Mortgagee ands hich Mq g g� ✓as recorded on May 14,A2007, `at' Reception No. 929321 in Book 657 at Page 795 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 WHEREAS, the mortgage'was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: November 18, 2009 Assignment recorded: December 9, 2009 Assignment recording information:' Reception No. 950986 in Book' All in the records of the County Clerk and ex- officio Register of Deeds, in and for Lincoln County, Wyoming. WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares to have become operative, and suit or proceeding has been instituted at law to recover the debt secured: by the Mort or y p t th eof li r his any, such suit or Proceedn been instt *mid the same discont ued �and�.t" W HEREAS, written notice -of mf t totforeclose the,Mortgageby advertisement and sale has been served upon the record owner and the party,:in possession of the mortgagedpremisesaat „least ten (1,0) days prior to';the com(nencernent of this publication,tandthe amount due upon°tite Mortgag&,ot the date of first publication.of this notice of sale being the total of $309,1 ,.1x5 94 which,sura consists, of the unpaid principal: bala t of $J276, plus interest a ;cried to the date of the first pub- licatio 'of this, nottc,5 in the amount of $33,115.94, plus attorneys' fees,; costs expended and la'aperui g interest and late charges after the date of fir: t t'hhcation of this no ee of sale r WHEREAS, The property being foreclosed upon may be subject to other liens. and encumbrances. that will not be extinguished at the sale Any prospective purchaser should rese the status of title before ub' mig a bid, THERE FORE BAC Iome,Loans „Servicing, L.P., as the Mo. gage ill Have tl P ortgage f sold oreclos as 1 aw pr by caiis'm ;aged rope to e a public venue by the Sheriff or -j Sherift 1, an�l fo rfco l$ 1 "County �W�yommg to the hi`lia for cash at' amounts '4' icribe L 'c THE TO m the forenoon on January 26, 2010 at t front c ounty Courthouse located at 925 Sage Avenue gi County forap l on th °a describd; e Q a e, s a top erg „d6,1 K .r. SCRIBED,ON, I1 lE.O t M rtp g d m ortg. ged' erty b BRIDGE MEADOWS FI RST ADDITION LINCOLN`' CO UNTY W YOMIN G AS DF, FFICIAI. PLAT N0��360D FILED ON JiILY,l4,+ NT'�^N LINCOLN COUNTY CPERK 6 et appurtenances tli 2005 AS 0' 909983* OF THE RECORDS OF THE BAC'Home Loans: Servicing L P. By: D`anette B ldacci, e, Meinhold Stawiarskt Legal Service "s, LLC 330' S. WalshDrive'Ste. 202` Casper, WY 8,2609 -0000 (307)'333 5379 PUBLISH: Dec. 30;2009; Jan 7, `14, 21, 2010 (09- 03493) 1230A COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT OO& OS ROSEMARY CAPELLEN NOTARY PUBLIC County of t w State of Lincoln Wyoming My Commission Expires May 5, 2012 Michael n, Publisher I, Michael Jensen, do hereby, upon my oath, depose and say that I am the Publisher of the KEMMERER GAZETTE NEWSPAPER, a once weekly newspaper published in the City of Kemmerer, County of Lincoln, in the State of Wyoming, and that said newspaper has a general circulation in said County and State; and that the legal notice herein attached was published in said newspaper for the full period of 9' consecutive issues /weeks; the first publication being on the JU day of '_.tiltheJz) 20 Oq and the last publication being on the day of 20 i() and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Subscribed in my presence and sworn to before me on this r,/ 1 day of KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Certificate of Sale Scofield 09 -03493 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 $4,934.31 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 947.00 Postage 194.16 Photocopies 26.45 Statutory Notice Fee 78.00 Publication Cost FSN Proir 1,297.20 Publication Cost NOPP 1 -2 845.25 FTP Update x 4 400.00 Publication Cost 431.25 Record AOM 12 -7 -09 8.00 Conduct Sale 50.00 Record Cert of Sale 26.00 Record Sheriffs Deed 11.00 Sheriffs Fee Sale 10.00 Sheriff's Fee Costs 10.00 Total $4,934.31 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 AFFIAN YETH NAU T. 1 4e, A State of Wyoming County of Natrona My commission expires c 2013 COSPkg anette Ba Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on Zi day of 750 ✓1ttCt 2010 by Danette Baldacci s attorney of Castle, Meinhold and Stawiarski Leeal Services, LLC. RV moue AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA M Commission Ex res %..113 OS. 2013 (Signature of qotarial officer) ko4e,c Title (and ank) .0 Or 3 Certificate of Sale Scofield 09 -03493 Page 7 of 7