HomeMy WebLinkAbout9522826010918577
CERTIFICATE OF SALE
STATE OF WYOMING
SS (p06855
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 November 12, 2008, executed and delivered by
Jacob T. Hunter to Mortgage Electronic Registration Systems, Inc., as nominee
for Metlife Home Loans, a Division of MetLife Bank, N.A. and (b) that certain
mortgage dated November 12, 2008 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on November 13, 2008, at Reception No. 943625 in Book 709
at Page 83 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 A BLOCK 34 OF GLEN KENNINGTON ETAL ADDITION TO
AFTON, WYOMING TOWNSITE, LINCOLN COUNTY, WYOMING
AS DESCRIBED ON THE OFFICIAL PLAT FILED ON
SEPTEMBER 13, 1997 AS INSTRUMENT NO. 498185 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK
with an address of 190 East 6th 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: MetLife Home Loans a division of MetLife Bank NA
Assignment dated: December 22, 2009
Assignment recorded: January 6, 2010
Assignment recording information: at Reception No. 951438 in Book 739 at Page
433
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, MetLife Home Loans a division
of MetLife Bank NA "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 2/23/2010 at 10:14 AM
RECEIVING 952282
BOOK: 742 PAGE: 855
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Hunter 09 -27608
Page 1 of 7
having general circulation in Lincoln County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the January 28, 2010 issue of said
newspaper and ending with the February 18, 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 February 23, 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
$197,780.98 "Bid Sum which was bid and offered by MetLife Home Loans a
division of MetLife Bank NA "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 $2,028.40 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 23, 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
23 day of February 2010.
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
Doug Rober
By:
Print Name:
Title:
Deputy Sheriff
e+06856
Certificate of Sale
Hunter 09 -27608
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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gn
COUNTY OF
LINCOLN
ACKNOWLEDGMENT
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by Doug Roberts
Deputy Sheriff of Lincoln County, State of Wyoming, this 23 day of
February 2010.
Witness my hand and official seal.
SAVANNA L. HAWKES NOTARY PUBLIC
STATE OF
WYOMING
5n Expires
000857
Notary Public
Certificate of Sale
Hunter 09 -27608
Page 3 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 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
November 12, 2008 (the "Mortgage and recorded on November 13, 2008, at
Reception No. 943625 in Book 709 at Page 83 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 Jacob T. Hunter "Mortgagor(s) the named mortgagor(s),
and Mortgage Electronic Registration Systems, Inc., as nominee for Metlife
Home Loans, a Division of MetLife Bank, N.A. is the named mortgagee, which
Mortgage was assigned for value as follows:
Assignee: MetLife Home Loans a division of MetLife Bank NA
Assignment dated: December 22, 2009
Assignment recorded: January 6, 2010
Assignment recording information: at Reception No. 951438 in Book 739 at Page
433
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:
U
CERTIFIED MAIL NO. NOI: 71786575345000353481
CERTIFIED MAIL NO. FSN: 71786575345000359476
Jacob T. Hunter
190 East 6th Avenue
Afton, WY 83110
CERTIFIED MAIL NO. NOI: 71786575345000353504 CERTIFIED MAIL NO. NOI: 71786575345000353511
CERTIFIED MAIL NO. FSN: 71786575345000359490 CERTIFIED MAIL NO. FSN: 71786575345000359506
MetLife Horne Loans a division of MetLife Bank NA Occupant
4000 Horizon Way Suite 100 190 East 6th Avenue
Irving, TX 75063 Afton, WY 83110
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was January 13, 2010 and the date of the first publication of the
notice of foreclosure sale was January 28, 2010.
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
000858
CERTIFIED MAIL NO. NOI: 71786575345000353498
CERTIFIED MAIL NO. FSN: 71786575345000359483
Jacob T. Hunter
P.O. Box 427
Afton, WY 83110
Certificate of Sale
Hunter 09 -27608
Page 4 of 7
State of Wyoming
County of Natrona
My commission expires.
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FURTHER AFFIANT SAYETH NAUGHT.
C:47,0' 859
y Dan e BaI• acci
Cast e, einhold, Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
)slay of z laua 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Le I Services, LLC.
CZ
(Si nature o
Tit (and 'Ka
otarial officer)
Certificate of Sale
Hunter 09 -27608
Page 5 of 7
WHEREAS
curred und thel
ber 12, 2008, eX
to 4dtt age, le tfo
Home Loans,'a D i f
gage (the "Martga
gage Was executed and
gagee, and which Moil
Reception€No.494b
of the Courity.Clle
County
Mortgage on 1
total of,
ance of $186,
ttonYof,this note
exp ied
PUBLISH: Jan.!
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer. Wyoming
aulst m the paymentof principal and interest has oc-
skof a*eniisso'ry note (the' Note )dated Novem-
cl^ alPiildei veindtiy3aco T t ,ITunter(`1VI ortgagor(s)
2e a for Metlife
ife`'B'aC,QN A andia realestatetmort-
same daterssectfiring the Note, which Mort
veed'by said Mo`rtgagor(s) tb said Mort-
e 4 n N 2008,' at
g 09`�at fi �'age g in the records ofthe'bffice
x'- officio Register of Deeds in and fdr~Lticoln
'j sg,sUls7 a1
tg a�g e was'assignedfor`value as foliowS
Assignee MetLtfe Home Loan a, division of MetlIfe B "a°n'k NIN
A'ssignnhent dated �Decembeiry 22, 2009
Asstgnineilt4rec6rded January 6,
Assignent�recordingiifbiniauon' atR'eceptionN'o
739'at page 433
All�iiithrecdrds 'Yofh'CbtiniyClerkiatidex officio
n'andtfor Lei cblb Count t
of s aid de1a
suit 4 f.?ocee
bydth vtoz'
been ins'ti
WHE
a dve ri
vide by
the Sheriff or, De
highest bidder fc
2010 at tile on
S age Aven C
above described}
erty; being
LOS`, A
TO AFTO]
'ANC ASr'
TE
38411 Book
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ister of Deeds
tgag obtif�aills a owes of stale +hick by`reason
gagee institu declares t e andnor
lean ted at law to recover the d
mart thereof, nor has any such suit or proceeding
unediscb'n >ied, and'
otice, of intent to foreclose the Mortgage by
been served upon the record owner and the
as
il 'remises atteast te
of this notice., (10) days prior
h�3a
bl ;cation of sale being the
dun con fists Of` the uiipaidp°rin
a c rue to the dat of. the fir publr
10214" plus attorneys' fees, co sts
late c h a rge' after ;the a 'of first
are upon tray be subject to
11 not be'extingui shed a the sale.
ies the`status o f title b sub
div io o f MetLife Bank
ga
%o
p y b ld' t�»#b"iid'v ue b
m andifor Lmco Count, 'o g t th
at 9
-gage P
1ication,, the amount o ueuipo n. the
DU
e ans a is n
lYlo a s ley la pro
arty to a so a en
A min o e
00� o'cloc iii th" "e"fo on February 23,
mcoln ,County located
Eo hi County, for application on'the
red 1 e Ibrigage, said m ortgagedprop-
NNINc TO`N E'IAL`
LINCOLN COUNTY, WYO-
T fcL L 11 ED ON SEP-
O 4981 8 "5 `RECORDS
2010 (09- 27608)
PUBLISHER'S AFFIDAVIT
debt secure
EXHIBIT B c,o 8 o
NA
s, LLC
`202
i }0
3
28D
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
Michael 3
ature
ROSEMARY CAPELLEN NOTARY PUBLIC
County of ry State of
Lincoln Wyoming
My Commission Expires May 5, 2012
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 consecutive issues /weeks;
the first publication being on the
day of 4f JfjV1�,1 t- 20 tO
and the last publication being on the l 8
day of J.0 )UI 11Tj- 20 Liz
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Subscribed in m .resence and s.. n to
Notary Si
Publisher
Certificate of Sale
Hunter 09 -27608
Page6
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 $2,028.40
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
Total $2,028.40
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 AFFI T H U T.
iletra Ad...■_
0 ette Bal cl
Cas e, Meinhold, Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
State of Wyoming
County of Natrona
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My commission expires: CC
EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
650.00
745.00
52.00
8.00
455.40
50.00
26.00
11.00
11.00
10.00
10.00
e o 1. v,C
This instrument was acknowledged before me on
day of 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Leal Services, LLC.
NOTARY PUBLIC
AMBER D. HODGES
STATE OF WYOMING
COUNTY OF NATRONA
3
lgn t re of n ana officer)
Title (and Flank)
Certificate of Sale
Hunter 09 -27608
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