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HomeMy WebLinkAbout9554726011019171 STATE OF WYOMING COUNTY OF LINCOLN M. Shane Johnson COSPkg CERTIFICATE OF SALE SS 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 January 25, 2008, executed and delivered by Marcelino Moreno and An& Moreno to Mortgage Electronic Registration Systems, Inc., as nominee for First Bank of Idaho, fsb, dba First Bank of the Tetons and (b) that certain mortgage dated January 25, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 31, 2008, at Reception No. 936639 in Book 685 at Page 373 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 35 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 246 Scrub Oak Drive Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. RECEIVED 9/14/2010 at 10:29 AM RECEIVING 955472 BOOK: 753 PAGE: 591 JEANNE WAG 0 The mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: July 15, 2010 Assignment recorded: July 21, 2010 Assignment recording information: at Reception No. 954507 in Book 750 at Page 880 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 four (4) consecutive weeks, commencing with the August 19, 2010 issue of said Certificate of Sale Moreno 10 -12422 Page 1 of 7 newspaper and ending with the September 9, 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 September 14, 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 $210,738.51 "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 $2,040.80 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 September 14, 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 14th day of September 2010. COSPkg Sheriff in and for Lincoln County, State of Wyoming By: M. Shane Johnson Print Name: Cliff Boyd Title: Deputy Sheriff 000592 Certificate of Sale Moreno 10 -12422 Page 2 of 7 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 14t day of September 2010. Witness my hand and official seal. My Commission Expires: A -22S 2 I I COSPkg ACKNOWLEDGMENT S S 01 0593 Publi Not Jenny Clarke Notary Public County of State of £`a j omin Lincoln E Y_.:� W9 9 My Commiss o '[;m0 Certificate of Sale Moreno 10 -12422 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 January 25, 2008 (the "Mortgage and recorded on January 31, 2008, at Reception No. 936639 in Book 685 at Page 373 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 Marcelino Moreno and Anel Moreno "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Bank of Idaho, fsb, dba First Bank of the Tetons is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: July 15, 2010 Assignment recorded: July 21, 2010 Assignment recording information: at Reception No. 954507 in Book 750 at Page 880 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: 71969009843000503114 CERTIFIED MAIL NO. FSN: 71969009843000511584 Marcelino Moreno 246 Scrub Oak Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000503138 CERTIFIED MAIL NO. FSN: 71969009843000511607 Marcelino Moreno 246 Scrub Oak Drive Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000503152 CERTIFIED MAIL NO. FSN: 71969009843000511621 Marcelino Moreno PO Box 11621 Jackson, WY 83002 -1621 COSPkg EXHIBIT A SS 000594 CERTIFIED MAIL NO. NOI: 71969009843000503121 CERTIFIED MAIL NO. FSN: 71969009843000511591 Anel Moreno 246 Scrub Oak Drive Thayne, WY 83127 CERTIFIED MAIL NO. N01: 71969009843000503145 CERTIFIED MAIL NO. FSN: 71969009843000511614 Anel Moreno 246 Scrub Oak Drive Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000503169 CERTIFIED MAIL NO. FSN: 71969009843000511638 An& Moreno PO Box 11621 Jackson, WY 83002 -1621 Certificate of Sale Moreno 10 -12422 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000503176 CERTIFIED MAIL NO. NO1: 71969009843000503183 CERTIFIED MAIL NO. FSN: 71969009843000511645 CERTIFIED MAIL NO. FSN: 71969009843000511652 BAC Hoine Loans Servicing, L.P. Occupant 400 Countrywide Way 246 Scrub Oak Drive SV 35, P.O. Box 10232 Thayne, WY 83127 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. N01: 71969009843000503190 CERTIFIED MAIL NO. FSN: 71969009843000511669 Star Valley Ranch Homeowners Association HC62, Box 7008 Star Valley Ranch, WY 83127 3. That the date of mailing of the notice of intent to foreclose the Mortgage was August 3, 2010 and the date of the first publication of the notice of foreclosure sale was August 19, 2010. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. ettk instrument was acknowledged before me on day of t 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarbki Legal Services, LLC. LI JESSICA D STATE OF WYOMING COUNTY OF NATRONA Commission Ires Ju 19, 2014 My commission expires: COSPkg •anett"Baldacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 /yok :tu a of notarial offi .r) A,ix' pi 214, Title (and Ralik) OO&595 Certificate of Sale Moreno 10 -12422 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming L,vorrcy EXHIBIT B PUBLISHER'S AFFIDAVIT used r ga e by rid'ithe ay prior birdie l ing: the acci s L C S te'202 609 0000 1 333 5379 081 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 day of al g(A3j 20 I C) and the last publication being on the C I day of KEMMERER, WYOMING I c Leh) 20 10; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael en, Publisher Notary Sign ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming ing My Commission E -es May 5, 2012 000596 STATE OF WYOMING )ss• COUNTY OF LINCOLN Subscribed in my presence and sworn to before me on this a day of ,(Q Q A.D. 0 by ensen, Publis t,erimcare or owe Moreno 10 12422 Page 6 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 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 $2,040.80 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 745.00 Statutory Notice Fee 117.00 record AOM 8.00 Publication Cost 427.80 Conduct Sale 50.00 Record Cert of Sale 26.00 Record Assign of Cert of Sale 11.00 Record Sheriffs Deed 11.00 Sheriffs Sale Fee 10.00 Sheriffs Deed Fee 10.00 FTP Update Fee 25.00 Total $2,040.80 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 tate of Wyoming and residing therein. FURTHER AFFI YET NAUGHT. State of Wyoming County of Natrona C P -1 day of hold and Stawi J ESS IC A D UT Y STATE OF WY(yypNG COUNTY OF NA1RONA Commission Ex fires Ju 19, 2014 My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY This instrument was acknowledged before me on 2010 by Danette Baldacci as attorney of Castle, ski Legal Services, LLC. SS anette t.Idacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (S u g re of notarial ff er) Y p u.lb Title (and R 19 49 ("00597 Certificate of Sale Moreno 10 -12422 Page 7 of 7