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HomeMy WebLinkAbout9520766010917710 CERTIFICATE OF SALE STATE OF WYOMING SS 0i.4 9 COUNTY OF LINCOLN M. 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 2, 2007, executed and delivered by Melissa Ramon to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, N.A. and (b) that certain mortgage dated January 2, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 3, 2007, at Reception No. 925796 in Book 645 at Page 390 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 101 IN STAR VALLEY RANCH PLAT 12, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 940 Vista 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: BAC Home Loans Servicing, L.P. Assignment dated: December 14, 2009 Assignment recorded: December 16, 2009 Assignment recording information: at Reception No. 951122 in Book 738 at Page 424 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 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the January 14, 2010 issue of said newspaper and ending with the February 4, 2010 issue thereof; that said notice RECEIVED 2/9/2010 at 10:41 AM RECEIVING 952076 BOOK: 742 PAGE: 174 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Ramon 09 -04906 Page 1 of 7 eoolYs 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 February 9, 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 $387,687.58 "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 $3,791.25 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 February 9, 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 9th day of February 2010. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Doug Roberts Title: Deputy Sheriff Certificate of Sale Ramon 09 -04906 Page2of7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Doug Roberts Deputy Sheriff of Lincoln County, State of Wyoming, this 9th day of February 2010. My Commission Expires: COSPkg Witness my hand and official seal. Notary Public SAVANNA L. HAULS 1 NOTARY PUBLIC COUNTY OF LINCOLN My Commission Expires STATE OF ING ACKNOWLEDGMENT SS Certificate of Sale Ramon 09 -04906 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 January 2, 2007 (the "Mortgage and recorded on January 3, 2007, at Reception No. 925796 in Book 645 at Page 390 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 Melissa Ramon "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, N.A. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: December 14, 2009 Assignment recorded: December 16, 2009 Assignment recording information: at Reception No. 951122 in Book 738 at Page 424 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: 71786575345000343376 CERTIFIED MAIL NO. FSN: 71786575345000349231 Melissa Ramon 940 Vista Drive Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 70092250000773745910 CERTIFIED MAIL NO. FSN: 70092250000173273079 Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Bank, N.A 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71786575345000343406 CERTIFIED MAIL NO. FSN: 71786575345000349262 Countrywide Bank, N.A. 1199 North Fairfax Street Suite 500 Alexandria, VA 22314 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71786575345000343383 CERTIFIED MAIL NO. FSN: 71786575345000349248 Melissa Ramon 4809 Bellview Street Bellaire, TX 77401 -5305 CERTIFIED MAIL NO. N01: 71786575345000343390 CERTIFIED MAIL NO. FSN: 71786575345000349255 Occupant 940 Vista Drive Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000343413 CERTIFIED MAIL NO. FSN: 71786575345000349279 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 Certificate of Sale Ramon 09 -04906 Page4of7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 30, 2009 and the date of the first publication of the notice of foreclosure sale was January 14, 2010. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. Ap RV PUBLIC AMBER b. HODGES STATE OF WYOMING COUNTY Of NATRONA Commission E es Oct 06 13 Danette Baldacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski L al Services, LLC. (Sicna a •notarial officer) jik* u0i( Title (and'Rank) My commission expires:Q(J 3j 2p Certificate of Sale Ramon 09 -04906 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming EXHIBIT B PUBLISHER'S AFFIDAVIT STAB 'SALE 'NOTICE i1t in the payment of principal and interest has `oo= s "of a promissory note (the "Note ")4datedJan'uary and delivered by'Melissa Ramon (Mortgagor(`s)') to is Registration Systems, Inc., as nominee, for,Coun and ,a real estate mortgage (the "Mortgage of the the Note, which, Mortgage was executed and deliv gagor(s), to said Mortgagee, and which Mortgage;was.' .3, 2007,. at,Recepticn No 925796 in Book 645 at ecords of the office'of the County Clerk and ex officio Regis, in and for Lincoln County State of Wyoming and e mortgage was assigned 'for value'as follows:. Ass rJg t� ome Loans Servicing,- L.P..' Ass ltecember 14, 2009 Assn 1 iu, i�� �k� a ecerr►ber 16, 2009 Assn o i� X�(tvaa �,A ation atReceptionNo 951122inBoo 738 at Page All in the records of the CountyCler and ex- officio' Register of Deeds in "and for tineOln County Wyog a WHEREAS lioNortgage`containsga?power of sale which by reason of said default ,ltheMortgageeadeclares'to have become operative, and no suitor proceeding has;been instituted 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 discontinued and WHEREAS', written notideof intent to foreclose the Mortgage by- advertisement and sale has' been served upon' the record owner an `th"e party in possession of the mortgaged premises at least ten (10) days prior to ithe commencement of thi epuiblicatiofi, and°the amount due upon the' Mortgageion the date of first .publicationaofliisnoticelof sale being the total sum "of $370 815.93 ,which sum consists of the unpaid ,pr cipal balance of $329,941. 9 plus interest accrued to, the, date,of,the -first pub=F lication o£ thitis notice n the o t of $31432.32 plus, late charges in the amount of $435:84, I s an escrow ,advance in the amount of $8,931.58, plus otherioutstanding charges m `theamount of $75.00 plus attorneys' fees, costsn expended, and''accruing interest and late &arges'' after the date of first "publicatio'h'Zf thistnotice 'of sale; The. property' being foreciosed upon may`. be subject; to ,other anddencumbrancesl:that will;not he extinguished at the' sate. Any prospective purchaser should research the status of title before sub- mitting' a bid; i, NOW, THEREFORE B C, Home Loans Servicing, L`.P as the Mbrt f gagee, will have the Mo"rfgage`f orec1Foiie by i'aw provided by causing the mortgaged to'be s'ild at public venue by the Sheri, or'Deputy Sheriff "im and for Lincoln "County, Wyoming,' to the highest bidder for cash at 10:00co'clock inthewforenoonC;onEFebruary '9;i2,010 at: +the front door of theLincoln County Courthouse,= located at 925; Sage Avenue, Kemmerer, WY, Lincoln County, for application on the above described amounts' secured °by' "the Mortgage, said 'Mortgaged prop'erty' being .de, scribed. as follows toy -wit LOT 101 .IN STAR. LEY` TLAT+12,,LINCOLN COUNTY, WYOMING AS DEC ®N i 'OFFICIAL PLAT THEREOF. with'an addreess of 940 Vista Dn -e,, Star Valley Ranch WY x,83127. Together widtalbtrnprovements thereon :situate.and all fixtures and appurtenances; thereto:' BAC Home Loans Servicing, L.E.. By 1 Danette.Baldacct. einhold Legal Services, LLC, 330 S Walsh Drive, Ste. 202, Casper,WY 82609-0000; (307)333 5 37,9` UBI�I i4, 2,1 "28,Feb.,4, 20,10'090349906) 0 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 4 consecutive issues /weeks; the first publication being on the 1 day of p J Jti.J (v t 20 10 and the last publication being on the day of �T .Y iLi (1h 1 20 10 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Notary S', Subscribed in my presence and sworn to before m this 4 day of et 9 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Mich Michael Jen ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln ewe!" Wyoming My Commission Expires May 5, 2012 A,A, 20 1� 0 '.v. el 3 en, Publis re Publisher Ramon 09 -04906 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Title Commitment Tax Certificate Statutory Notice Fee Publication Cost Publication Cost NOPP FTP Update x 2 Conduct Sale Record Cert. of Sale Record Assn. of Cert. of Sale Record Sheriffs Deed Sheriffs Fee Sale Costs Rescission Fee Rescind Sale Record Fee Record AOM 12/15/09 Publication Cost FSN 1/10 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 $3,791.25 as compensation for services actually rendered in the foreclosure proceeding. (Sign 0 Title (an Rank) My commission expires :C) 2013 COSPkg NOTARY PUBLIC AMBER 0. MODGES STATE OF WYOMING COUNTY OF NATRONA M Comm' 'on E l t 13 ture of`otarial officer) t 600.00 1,035.00 25.00 254.00 386.40 362.25 200.00 50.00 26.00 11.00 11.00 20.00 350.00 11.00 8.00 441.60 00 180 X180 Total $3,791.25 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 AF IA I SA TH N's G T. anette acci e, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of Rb <c' 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Leal Services, LLC. Certificate of Sale Ramon 09 -04906 Page 7 of 7