Loading...
HomeMy WebLinkAbout9546636011019090 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS C C X459 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 September 28, 2007, executed and delivered by Brandon Headrick and Kehly Headrick to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB and (b) that certain mortgage dated September 28, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 2, 2007, at Reception No. 933668 in Book 674 at Page 222 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 4 OF EUBANK FOOTHILL ESTATES SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON MARCH 6, 1985 AS INSTRUMENT NO. 681486 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 998 Bondurant Road La Barge, WY 83123 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: June 8, 2010 Assignment recorded: June 21, 2010 Assignment recording information: at Reception No. 954041 in Book 749 at Page 333 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 COSPkg RECEIVED 8/3/2010 at 10:34 AM RECEIVING 954663 BOOK: 751 PAGE: 459 JEANNE WAGNF R LINCOLN COUNTY CLERK, „"..,.,ERER, WY Certificate of Sale Headrick 10 -10688 Page 1 of 7 C 46 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the July 8, 2010 issue of said newspaper and ending with the July 29, 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 August 3, 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 $230,575.53 "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 $2,083.60 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 August 3, 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 3rd day of August 2010. COSPkg M. Shane Johnson Sheriff in and for L' coln ounty, State of Wyoming Print Name: John Starcevich Title: Deputy Sheriff Certificate of Sale Headrick 10 -10688 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by John Starcevich Deputy Sheriff of Lincoln County, State of Wyoming, this 3rd day of August 2010. My Commission Expires: COSPkg Witness my hand and official seal. SAVANNA L. HAWKES OW PUBLIC ti^ STATE OF cou rr OF �f STATE LINCOLN 4 e mission Expires ACKNOWLEDGMENT SS Axk v‘rte. Notary Public 4. Certificate of Sale Headrick 10 -10688 Page3of7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 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 September 28, 2007 (the "Mortgage and recorded on October 2, 2007, at Reception No. 933668 in Book 674 at Page 222 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 Brandon Headrick and Kehly Headrick "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: June 8, 2010 Assignment recorded: June 21, 2010 Assignment recording information: at Reception No. 954041 in Book 749 at Page 333 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: 71969009843000480101 CERTIFIED MAIL NO. FSN: 71969009843000484604 Brandon Headrick 998 Bondurant Road La Barge, WY 83123 COSPkg CERTIFIED MAIL NO. NOI: 71969009843000480118 CERTIFIED MAIL NO. FSN: 71969009843000484611 Kehly Headrick 998 Bondurant Road La Barge, WY 83123 CERTIFIED MAIL NO. NOI: 71969009843000480125 CERTIFIED MAIL NO. NOI: 71969009843000480132 CERTIFIED MAIL NO. FSN: 71969009843000484628 CERTIFIED MAIL NO. FSN: 71969009843000484635 Brandon Headrick Kehly Headrick PO Box 313 PO Box 313 La Barge, WY 83123 La Barge, WY 83123 CERTIFIED MAIL NO. NOI: 71969009843000480149 CERTIFIED MAIL NO. N01: 71969009843000480156 CERTIFIED MAIL NO. FSN: 71969009843000484642 CERTIFIED MAIL NO. FSN: 71969009843000484659 BAC Home Loans Servicing, L.P. Occupant 400 Countrywide Way 998 Bondurant Road SV 35, P.O. Box 10232 La Barge, WY 83123 Simi Valley, CA 93065 -6298 Certificate of Sale Headrick 10 -10688 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 24, 2010 and the date of the first publication of the notice of foreclosure sale was July 8, 2010. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY PuBL c r.x KC EE PEARSON STATE OF WYOMING ("MONTY OF NATRONA My Commission ission Expires Apr. 14, 2014 4?' 4CA r4. hezA' x.,s«;a'vr d'dvr.. My commission expires: 463 This instrument was acknowledged before me on a 9 day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarsk' Legal Services, LLC. By' 'i anette BSI acci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Sign t re of notate' I officer) Title (and Raik) Certificate of Sale Headrick 10 -10688 Page5of7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING E NOTICE WHE> AS de au tin the payment of principal and interest has oc- curred under4he'te ms' of a. promissory note (the "Note dated Septem- ber 28, .2007, executed and delivered by Brandon Headrick and Kehly Headrick ("Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as notttinee for Countrywide Bank FSB" arid real estate' mortgage (the "Mort gage") of the same date securing the Note, which Mortgage was executed iand delivered by said Mortgagor(s); tb said Mortgagee, and which Mortgage was recorded on October 2„ 2007, at Reception No. 933668 in Book 674 at Page 222 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 WHEREAS, the mortgage was assigned for value, as follows: Assignee: BAC Hose Loans Servicing, L.P. Assignment dated June` "8 2010'; Assignment recorded June 21 2010 Assignment recording information at Reception No. 954041 in Book 749 at Page 333 All in the records of `the 'County Clerk and ex- officio Register of Deeds in and for Lincoln 'County, Wyoming. WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares to have become operative, and no suitor proceeding his' been instituted at law t the debt secured by the Mortgage, or any part thereof, nor has any such suit or Proceeding been instituted and the discontinued and WHERE. S Written noti of intent to `foreclos t he Mort g age b advertisement; andi'sale has Been sewed on the recor up owner and the party in possession'of the mortgaged' premises at least ten (10) days prior to the commencement of this 'publication, and the' arnOunt due, upon the Mortgage on date of first publication of thus notice o f;sale'being the total sum of o$226,242.64 ,which sum of the unpaid principal bal- ance of $217',/80.24 plus interest accrued to the date of the fi rst'publi tion of tl,is`notice in the amount of $8,858.01, plusattomey's' fees, costs expended a n d cru accruin interean st d' late` charges after the date of first publication of this'n sale; WHEREAS, Tl e` property being" foreclosed` upon maybe subject to other l and encumbrances that will not be extinguished at the sale. Any purchaser should research the status of title before sub- mitting a bid; NOW, TI EREFORE BAC Home Loans Servicing, L R, as the Mort_ gagee, will' have the�Mortgage'foreclosedas'by' law provided by causing the mortgaged ,property to be soldat public venue by the Sheriff or Deputy Sleriff'in and for `Lincoln "County' Wyoming, to the -highest for cash at 10:00 o'clock in the forenoon onAugust 3,2010 at the 'front door of the Lincoln County 'Courtfouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for application on the above described amounts secured by, the Mortgage,; said mortgaged .property being 'described a fohows to °wit LOT 4 OF LU]3ANK FOOTHILL ESTATES SUBDIVISION, LIN- COLN COUNTY° WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON MARCH 6,1985 AS` INSTRUME■T NO, 681486 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an'a "ddress of 998 I3OnZliirmit Road, La Barge, WY 83123. ogether with all improvements thereon situate and all fixtures and appurtenances thereto. BAC Home Loans Servicing, L.P. By: Danette Baldacci Castle, Meinhold Stawiarski Legal Services, LLC 330 S. ',Walsh Drive 'Ste. 202 Gasper, WY 82609 -0000 (307) 333 5379 PUBLISH:.) .r UOSNKg 1.1n0i~( 0 -106 EXHIBIT B PUBLISHER'S AFFIDAVIT day of KEMMERER, WYOMING ture STATE OF WYOMING )ss. COUNTY OF LINCOLN Michael Jense ROSEMARY CAPELLEN NOTARY PUBLIC County of Lincoln My Commission el Jensen, Pub h otary Si State of Wyoming Expires May 5. 2012 10 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 Ll consecutive issues /weeks; the first publication being on the ,20 10 and the last publication being on the A9 20__ and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) blisher Subscribed in my presence and sworn to before me on this c:79 day of b —M `..:464 Certificate of Sale Headrick 10 -10688 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS 465 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 $2,083.60 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 813.00 Statutory Notice Fee 78.00 Publication Cost 441.60 assn. rec. fee 8.00 Conduct Sale 50.00 Record Cert of Sale 26.00 Record Assign of Cert of Sale 11.00 Record Sherffs Deed 11.00 Sheriffs Sale Fee 10.00 Sheriffs Deed Fee 10.00 FTP Update I 25.00 Total $2,083.60 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 'relied, 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 A IANT YETH NAUGHT. State of Wyoming County of Natrona AitLH2:t83rt `�te';.J24- *.Ntclh`+.?at r .a tks r;a; t1} NOTARY PLICiLit SF .1T OF WYOMING COUNTY OF NATRONA MyCrmnisfsr0 F"xpitrsACrr, 14 +,114 My commission expires: COSPkg Per /y Z /y y `i anette Bafri'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 2 5 day of Ju 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiars i Legal Services, LLC. (Signature of notaAal officer) t)bi Title (and Rtik) Certificate of Sale Headrick 10 -10688 Page 7 of 7