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HomeMy WebLinkAbout9539836011018893 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 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 April 25, 2008, executed and delivered by Casey Travis Jorgenson aka Casey T. Jorgenson and Heather Ann Jorgenson to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB and (b) that certain mortgage dated April 25, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 5, 2008, at Reception No. 938774 in Book 693 at Page 794 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 88 OF NORDIC RANCHES DIVISION NO. 7, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON MAY 8, 1996 AS INSTRUMENT NO. 819464 OF THE RECORDS OF THE LINCOLN COUNTY CLERK HUD LABEL NUMBERS IDA195552 AND IDA195553 NASHUA MODEL 7028 YEAR 2000 SERIAL NUMBER NNID39122AB 3TL603 LAND AND HOUSE "WHICH IS AFFIXED TO AND MADE PART OF THE REAL PROPERTY" with an address of 247 Buckskin Way Etna, WY 83118 -9721 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 1.5'7 Assignee: BAC Home Loans Servicing, L.P. Assignment dated: April 27, 2010 Assignment recorded: May 4, 2010 Assignment recording information: at Reception No. 953241 in Book 746 at Page 637 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 COSPkg RECEIVED 6/15/2010 at 10:32 AM RECEIVING 953983 BOOK: 749 PAGE: 157 JEANNE WAGNER LINCOLN COUNTY CLERK, 1' RER, WY Certificate of Sale Jorgenson 10 -06318 Page 1 of 7 158 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 May 20, 2010 issue of said newspaper and ending with the June 10, 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 June 15, 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 $214,220.89 "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 $2,121.20 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 June 15, 2010, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Jorgenson 10 -06318 Page 2 of 7 e DATED at Kemmerer, Lincoln County, State of Wyoming, this 15th day of June 2010. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT By: SS SAVANNA L. HAWKLS NOTARY PUBLIC M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: John Stetzenbach Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by John Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this 15 day of June 2010. Witness my hand and official seal. 11 Notary Public STATE: OF WYOMIN: COUNTY OF LINCOLN My Commission Expires Certificate of Sale Jorgenson 10 -06318 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 April 25, 2008 (the "Mortgage and recorded on May 5, 2008, at Reception No. 938774 in Book 693 at Page 794 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 Casey Travis Jorgenson aka Casey T. Jorgenson and Heather Ann Jorgenson "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: April 27, 2010 Assignment recorded: May 4, 2010 Assignment recording information: at Reception No. 953241 in Book 746 at Page 637 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: 71786575345000446084 CERTIFIED MAIL NO. FSN: 71969009843000451545 Casey Travis Jorgenson 247 Buckskin Way Etna, WY 83118 -9721 CERTIFIED MAIL NO. NOI: 71786575345000446107 CERTIFIED MAIL NO. FSN: 71969009843000451569 Heather Ann Jorgenson 247 Buckskin Way Etna, WY 83118 -9721 CERTIFIED MAIL NO. NOI: 71786575345000446121 CERTIFIED MAIL NO. FSN: 71969009843000451583 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. NOI: 71786575345000446091 CERTIFIED MAIL NO. FSN: 71969009843000451552 Casey Travis Jorgenson aka Casey T. Jorgenson PO Box 5251 Etna, WY 83118 -0251 CERTIFIED MAIL NO. NOI: 71786575345000446114 CERTIFIED MAIL NO. FSN: 71969009843000451576 Heather Ann Jorgenson PO Box 5251 Etna, WY 83118 -0251 CERTIFIED MAIL NO. NOI: 71786575345000446138 CERTIFIED MAIL NO. FSN: 71969009843000451590 Occupant 247 Buckskin Way Etna, WY 83118 -9721 160 Certificate of Sale Jorgenson 10 -06318 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71786575345000446145 CERTIFIED MAIL NO. FSN: 71969009843000451606 Casey Travis Jorgenson 6249 Virgelle Ferry Road North Lorna, MT 59460 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 7, 2010 and the date of the first publication of the notice of foreclosure sale was May 20, 2010. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. NO 1ABY PUBLIC '`)E E P ARSON y S T A s I IF WYTIMIN(, IIIi',I7 Y OF NoAfflONf Commt strm z r.pire.s Apr. 14, 2014 re r r r t..aa.,1 ..sar r c, r...:, ,,,...u. arm -t My commission expires: J CERTIFIED MAIL NO. NOI: 71786575345000446152 CERTIFIED MAIL NO. FSN: 71969009843000451613 Heather Ann Jorgenson 6249 Virgelle Ferry Road North Loma, MT 59460 B anette Bat:*'cci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 This instrument was acknowledged before me on I CS day of 7 r4, 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial.officer) Title (and Rank Certificate of Sale Jorgenson 10 -06318 Page 5 of 7 2 0( of saidde advert' tQ e cash at of thel'Einco W Y, Linco1 secured,. follows, toy' KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING tot anc"ett tig o expo offrciowRegisterfof D ge co to s g o et tpf sale whiohtby reason ;ees °decl e -t9 e &become operative, and,no ecoverithedebt secured suit proceeding emise PUBLISHER'S AFFIDAVIT and interest,has:oc- (th e, "N ote') dated A pril 25, avis Jorgenson „aka Casey'T VSortgagor(s) tn)To�rtgage' xeetorCountryuuideaBank, of the rsame date seaur- elt Bred by, said wastrecordled-on age' S ;inter ofDeeds �94in the a. Book eeds eclose the Mortgage liy. t record owner 'and the sat least ten (10) days "prior d the amount due upon the s "notice of:saie being, the tlrervunpaidprncipal� bal- date of'the�;fi st pubhca us�a fees, cos et' the °date'of first ect ?x to d?`at the ^s etbeforersub= ort- causing derifor oor. Lesttbtd at th ront d 925 SageAvenue, Kem unts e"r, fre above described atr rYF ,cribed as [1.°N I 7, O H 1CIAL PLAT 819464 „-.`OF ;THE 0.063'i1! HUA T503 cci 02 00 3 5 0520B EXHIBIT B Notary Sieiture 162 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN I, Mark Tesoro, do hereby, upon my oath, depose and say that I am the General Manager 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 1 consecutive issues /weeks; the first publication being on the day of ai,I^ 20 10 and the last and the last publication being on the IQ. day of 20 (C1 and that said a vertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Mark Tesoro, General Manager ROSEMARY CAPELLEN NOTARY PUBLIC County of r t; State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed ih my presence and sworn to before me on this 10 day of by Tesoro, Genera A.D. 20 Jorgenson 10 -06318 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS *163 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 $2,121.20 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost Conduct Sale Record Cert of Sale Record Sheriffs Deed Record Special Warranty Deed Sheriffs Sale Fee Sheriffs Deed Fee Total $2,121.20 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 ANT -k YETH NAUGHT. State of Wyoming County of Natrona COSPkg N <r rAARY rum of t1Ss t yN AIATRONA HRy C+ mmissii n tsgoires Apr. 14 2014 a�vsar ar .a <�•�rx �c?:rr«s�.r .xrr :..rc My commission expires: R P, anette Ba r acci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 This instrument was acknowledged before me on /b day of 7v 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial officer) ?v2J Title (and Rank) 650.00 780.00 104.00 469.20 50.00 26.00 11.00 11.00 10.00 10.00 Certificate of Sale Jorgenson 10 -06318 Page 7 of 7