HomeMy WebLinkAbout954345501101895.
STATE OF WYOMING
COUNTY OF LINCOLN
COSPkg
CERTIFICATE OF SALE
SS
00349
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 February 15, 2008, executed and delivered by
Coleen Lewis and Bruce Lewis to Mortgage Electronic Registration Systems,
Inc., as nominee for Countrywide Bank, FSB and (b) that certain mortgage dated
February 15, 2008 (the "Mortgage securing said note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on February 21, 2008, at Reception No. 937089 in Book 687 at Page
442 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 2 OF RAINBOW MEADOWS, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON
SEPTEMBER 4, 2003 AS INSTRUMENT NO. 893114 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK.
with an address of 87 Dew Drop Lane Bedford, WY 83112
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: April 2, 2010
Assignment recorded: May 6, 2010
Assignment recording information: at Reception No. 953271 in Book 746 at Page
690
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
RECEIVED 7/13/2010 at 10:53 AM
RECEIVING 954345
BOOK: 750 PAGE: 349
JEANNE WAGNER
1 tni'nI Al rn INTY FRK KEMMERER, WY
Certificate of Sale
Lewis 10 -07610
Page 1 of 8
000350
four (4) consecutive weeks, commencing with the May 27, 2010 issue of said
newspaper and ending with the July 17, 2010 issue thereof; again, once a week
for two (2) consecutive weeks, commencing with the July 1, 2010 issue of said
newspaper and ending with the July 8, 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 July 13, 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
$408,708.55 "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 $2,837.80 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 July 13, 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
13th day of July 2010.
COSPkg
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
Certificate of Sale
Lewis 10 -07610
Page2of8
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
COSPkg
ACKNOWLEDGMENT
COUNTY OF
LINCOLN
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by CT.TFF BOYD
Deputy Sheriff of Lincoln County, State of Wyoming, this 13 day of
JULY 2010.
Witness my hand and official seal.
Nota
SAVAN L. H AWKES NOTARY PUBLIC
STATE OF
WYOMING
Public
oo351
Certificate of Sale
Lewis 10 -07610
Page 3 of 8
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
e0 as
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
February 15, 2008 (the "Mortgage and recorded on February 21, 2008, at
Reception No. 937089 in Book 687 at Page 442 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 Coleen Lewis and Bruce Lewis "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 2, 2010
Assignment recorded: May 6, 2010
Assignment recording information: at Reception No. 953271 in Book 746 at Page
690
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: 71786575345000449429 CERTIFIED MAIL NO. N01: 71786575345000449436
CERTIFIED MAIL NO. FSN: 71969009843000458322 CERTIFIED MAIL NO. FSN: 71969009843000458339
CERTIFIED MAIL NO. NOPP: 71969009843000477675 CERTIFIED MAIL NO. NOPP: 71969009843000477682
Coleen R. Lewis Coleen R. Lewis
87 Dew Drop Lane PO Box 4131
Bedford, WY 83112 Bedford, WY 83112 -0131
CERTIFIED MAIL NO. NOI: 71786575345000449443
CERTIFIED MAIL NO. FSN: 71969009843000458346
CERTIFIED MAIL NO. NOPP: 71969009843000477699
Bruce Lewis
87 Dew Drop Lane
Bedford, WY 83112
CERTIFIED MAIL NO. NOI: 71786575345000449467 CERTIFIED MAIL NO. NOI: 71786575345000449474
CERTIFIED MAIL NO. FSN: 71969009843000458360 CERTIFIED MAIL NO. FSN: 71969009843000458377
CERTIFIED MAIL NO. NOPP: 71969009843000477712 CERTIFIED MAIL NO. NOPP: 71969009843000477729
BAC Horne Loans Servicing, L.P. Occupant
400 Countrywide Way, SV 35, P.O. Box 10232 87 Dew Drop Lane
Simi Valley, CA 93065 -6298 Bedford, WY 83112
COSPkg
CERTIFIED MAIL NO. NOI: 71786575345000449450
CERTIFIED MAIL NO. FSN: 71969009843000458353
CERTIFIED MAIL NO. NOPP: 71969009843000477705
Bruce Lewis
PO Box 4131
Bedford, WY 83112 -0131
Certificate of Sale
Lewis 10 -07610
Page 4 of 8
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was May 12, 2010 and the date of the first publication of the notice
of foreclosure sale was May 27, 2010.
FURTHER AFFIANT SAYETH NAUGHT. 00+v353
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
day of -r� 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawia ki Legal Services, LLC.
COSPkg
NOTARY PUBLIC
K(hr EE P A SON
STATE OF WYOMING
i.Ot 1Y OF NATRONt
My Commission Expires Apr. 14 2014
My commission expires:
ma
B anette B dacci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
(Signature of notarial officer)
Title (and Rik)
Certificate of Sale
Lewis 10 -07610
Page 5 of 8
S de ultkln e payirtent of nticipal and in terest has oc-
he e a sofa p
;ecuted rand delive
tggage�E
nominee for" Countrywide Ban
"Mortgage'') +of"the s
executed°landidelivre
Mortgage �waas
iu Book 687,atPag<
and, ex-off axo 1
Wyo g; and
Ass' gnee: B
Assign nt
.�ssigi� nt,
4r a�
A ssigntp nt
746 atPage'6
Albin the s
in and for Lincoln County, Wyomin
secure
folo y
TE
O F
ortgagor(s
epo
or
mussory notee(the "N dated February
red: by..Coleen Lew� is a nd�,Br�uce Lewis
t w, r
ectronic,Registrat s on Sr tems,. Inc.,. as
FSB, and a real estate mortgage .(the
ote loch Mortgagewas
sal rt gagee and which
t att eption;No 937089
io e ords(gl the eg,0f the,,County Clerk
Beds ink andlxfor Lincoln;` County,,. State, of
,aid default, tie Mortgagee declares to
suit or .proceeding h'as been instituted a tti
by the Mortgage,} or any part thereof tnor
been nstitutedrand the same disco n ue
.V R 1S, writ en,. otice of inten
advertisement and sale has been served
paroyr;PFosrsesSronto L th e=mortga ged prey
to ithe commencement of':this.,p bl catL
Mortgage on tbe
total,,sut
tereat -an
nsisf
power of -sale whtch b reason
lave become 06 0040
v -to recovef the ,debt secured
as anylsuch suit, or proceeding
d r
fore 4ae She >1 ortgage�.by
i the recor o ner�iand the
e�stattl
date of first
*iLL
e subject to
1 at th e Agile.
(before; sub
has,the M
I by ca'usmg
i or Deputy
d bid
ie front door
venu K emmerer,
escribe amounts
ruing "de'scribed as
CO`l N COUNTY, WYO
PLAT FILED ON SEP-
311'4,OF THE°RECORDS
tawfars
oreclose as by law
tue
le beingthe
)rinc pal bar
Cirst publica
s fees costs
T17,, Dew Drop Lane, *Bedford WY 83112.
iimprovements 'thereon, 'situate and all :fixtures and
o o a e L.P.
me:��Lons��
iette 'Baldacci
ees, LLC
Ste. L02
�6O9 -bb00
h3`A79
27A;
other liens
Anyrpr`ospec
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a
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
KEMMERER GAZETTE
KEMMERER, WYOMING
COSPkg
EXHIBIT B 000354
PUBLISHER'S AFFIDAVIT
1 in Book
ciohltegister°of Deeds
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 4 consecutive issues /weeks;
the first publication being on the 011
day of vVINr`k.. 20 1 (1
and the last publication being on the A`___
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
Signed)
Mark Tesoro, General
ROSEMARY CAPELLEN NOTARY PUBLIC
County of State of
Liacoia Wyoming
My Commission Expires May 5, 2012
Subscribed in my presence and sworn to
before me on this 1' day of
by M Tesoro, Gen
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
20.1Q
Certificate of Sale
Lewis 10 -07610
Page 6 of/
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
KEMMERER GAZETTE
KEMMERER, WYOMING
kuil�'(ii }r f
COSPkg
EXHIBIT B
PUBLISHER'S AFFIDAVIT
I, Michael Jensen, 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 ol. consecutive issues /weeks
the first publication being on the 1
day of A 1- 20 16
and the last publication being on the 6
day of
Notary Sig ture
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
20_0
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael Je'Q Publisher
Subscribed in my presence and sworn to
before me on this 0 day of
A.D., 20 10
Certificate of Sale
Lewis 10 -07610
Page 7 of 8
000355
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 $2,837.80
as compensation for services actually rendered in the foreclosure proceeding.
Total $2,837.80
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 NT I ill ETH NAUGHT.
v
ne to Bal: cci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
7 day of Tot. 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiars i Legal Services, LLC.
COSPkg
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
record AOM
Publication Costs
Conduct Sale
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriffs Deed
Sheriffs Sale Fee
Sheriffs Deed Fee
Tax Update Fee
Publication Cost NOPP
NOTARY PUE3LIC
DDEE PEr RSON
STATE C)F 1.NYOMINC3
f_ti)UNTY OF NATRONA
Commission Expires Apr. 14, 2014
My commission expires:
EXHIBIT C
AFFIDAVIT OF ATTORNEY
Zvi
SS
(Signature of notarial officer)
Title (and RaiK)
600.00
1,207.00
117.00
8.00
441.60
50.00
29.00
11.00
11.00
10.00
10.00
150.00
193.20
CCX356
Certificate of Sale
Lewis 10 -07610
Page 8 of 8