HomeMy WebLinkAbout9544636011018924
STATE OF WYOMING
COUNTY OF LINCOLN
COSPkg
CERTIFICATE OF SALE
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"?.'734
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 October 5, 2006, executed and delivered by Ralph
E. Boedeker and Patricia L. Boedeker to Mortgage Electronic Registration
Systems, Inc., as nominee for Decision One Mortgage Company, LLC. and (b)
that certain mortgage dated October 5, 2006 (the "Mortgage securing said
note, which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on October 9, 2006, at Reception No. 923155 in
Book 636 at Page 234 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 THE IVAN TIPPETTS SUBDIVISION, LINCOLN
COUNTY, WYOMING AS DECRIBED ON THE OFFICIAL PLAT
FILED ON MARCH 19, 1999 AS INSTRUMENT NO. 857454 OF
THE RECORDS OF THE LINCOLN COUNTY CLERK.
with an address of 3438 State Highway 238 Auburn, WY 83111
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: HSBC Mortgage Services Inc
Assignment dated: May 25, 2010
Assignment recorded: June 4, 2010
Assignment recording information: at Reception No. 953824 in Book 748 at Page
459
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, HSBC Mortgage Services Inc
"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 7/20/2010 at 10:28 AM
RECEIVING 954463
BOOK: 750 PAGE: 734
JEANNE WAGNER
LINCOLN COUNTY CLEF MMERER, WY
Certificate of Sale
Boedeker 10 -07006
Page 1 of 7
four (4) consecutive weeks, commencing with the June 24, 2010 issue of said
newspaper and ending with the July 15, 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 20, 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
$176,259.66 "Bid Sum which was bid and offered by HSBC Mortgage
Services Inc "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 $2,085.60 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 20, 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
2othday of July 2010.
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name rl iff °yd
Title: Deputy Sheriff
Certificate of Sale
Boedeker 10-07006
Page 2 of 7
:,'735
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my presence and
acknowledged before me by Cliff Boyd
Deputy Sheriff of Lincoln County, State of Wyoming, this 20th day of
July 2010.
My Commission Expires:
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Witness my hand and official seal.
WYCJArtilf
SAVANNA L. VATS NOTARY PUBLIC
COUNTY OF
3 141
LINCOLN STATE OF
WYOMING
L i Jl
My Commission EXPOS
ACKNOWLEDGMENT
SS
Notary Public
Certificate of Sale
Boedeker 10 -07006
Page 3 of 7
f" 736
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
October 5, 2006 (the "Mortgage and recorded on October 9, 2006, at
Reception No. 923155 in Book 636 at Page 234 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 Ralph E. Boedeker and Patricia L. Boedeker
"Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration
Systems, Inc., as nominee for Decision One Mortgage Company, LLC. is the
named mortgagee, which Mortgage was assigned for value as follows:
Assignee: HSBC Mortgage Services Inc
Assignment dated: May 25, 2010
Assignment recorded: June 4, 2010
Assignment recording information: at Reception No. 953824 in Book 748 at Page
459
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: 71969009843000469380
CERTIFIED MAIL NO. FSN: 71969009843000474179
Ralph E. Boedeker
3438 State Highway 238
Auburn, WY 83111
CERTIFIED MAIL NO. NO1: 71969009843000469403
CERTIFIED MAIL NO. FSN: 71969009843000474193
Patricia L. Boedeker
3438 State Highway 238
Auburn, WY 83111
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EXHIBIT A
SS
CERTIFIED MAIL NO. NOI: 71969009843000469397
CERTIFIED MAIL NO. FSN: 71969009843000474186
Ralph E. Boedeker
POBox7
Auburn, WY 83111
CERTIFIED MAIL NO. NOI: 71969009843000469410
CERTIFIED MAIL NO. FSN: 71969009843000474209
Patricia L. Boedeker
PO Box 7
Auburn, WY 83111
CERTIFIED MAIL NO. NOI: 71969009843000469427 CERTIFIED MAIL NO. NOI: 71969009843000469434
CERTIFIED MAIL NO. FSN: 71969009843000474216 CERTIFIED MAIL NO. FSN: 71969009843000474230
HSBC Mortgage Services Inc Occupant
636 Grand Regency Blvd 3438 State Highway 238
Brandon, FL 33510 Auburn, WY 83111
Certificate of Sale
Boedeker 10-07006
Page4of7
CERTIFIED MAIL NO. N01: 71969009843000469458
CERTIFIED MAIL NO. FSN: 71969009843000474254
Holly Nelson CP Holder
1327 B. 9 West Avenue
Kemmerer, WY 83101
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was June 10, 2010 and the date of the first publication of the notice
of foreclosure sale was June 24, 2010.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiar i Legal Services, LLC.
day of
NOTARY PUBLIC
(ODEE P ARSON
STATE OF WYOMING
COUNTY OF NA{RONA
My Commission Ezpisrs Apr. 14, 2014
My commission expires:
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FURTHER AFFIANT SAYETH NAUGHT.
�t
(Signat officer) bt
Title (and Ra k)
B anette Ba •Q•T' i
C: e, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
Certificate of Sale
Boedeker 10-07006
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
KEMMERER GAZETTE
KEMMERER, WYOMING
,pablica-
c osts
first
EXHIBIT B
PUBLISHER'S AFFIDAVIT
i0 el Jen n, P
■0,‘ 1.11,
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 4 consecutive issues/weeks.;
the first publication being on the __2¢
day of 20 10
and the last ublication being on the _15_,
day of 20 1 C?
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael Jense blisher
ROSEMARY CAPELLEN NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires May 5, 2012
Subscribed in my presence and sworn to
before me on this a day of
Notary Sig
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
0,
Boedeker 1U- U /UUti
Page 6 of 7
e 139
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 $2,085.60
as compensation for services actually rendered in the foreclosure proceeding.
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 tRte of Wyoming and residing therein.
FURTHER AFFIANT SA ETH NAUGHT.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
15 day of
t j i.tjkl EN.'
NOTARY PUBLIC
K DEE PE ARSON
COUNTY OF NATRONA
STATE OF WYOMING (Signature of notarial officer)
1'4 G�,nneisaion E?nps�A:,� V (0
�t✓encar�' +r. "�+a:.r,�rirraa.r. '',r.,l�l1lrL�``
Title (and R a
My commission expires: c�
263y
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Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
record AOM
Publication Cost
FTP Update
Conduct Sale
Record Cert of Sale
Record Sheriffs Deed
Sheriffs Sale Fee
Sheriffs Deed Fee
EXHIBIT C
AFFIDAVIT OF ATTORNEY
Total $2,085.60
SS
I
anette cci
t e, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
600.00
813.00
91.00
8.00
441.60
25.00
50.00
26.00
11.00
10.00
10.00
Certificate of Sale
Boedeker 10-07006
Page 7 of 7