HomeMy WebLinkAbout9558086010817391
*Corrective Certificate of Sale being recorded to correct the Assignee
throughout the Certificate of Sale dated April 27, 2010 and recorded April 27,
2010 at Reception No. 953112 in Book 746 at Page 118.
CORRECTIVE CERTIFICATE OF SALE
STATE OF WYOMING
SS
COUNTY OF LINCOLN
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 6, 2003, executed and delivered by Sean
P. Cooney and Melissa Cooney to Argent Mortgage Company, LLC and (b) that
certain mortgage dated February 6, 2003 (the "Mortgage securing said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on February 18, 2003, at Reception No. 887884
in Book 512 at Page 896 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:
COSPkg
LOT 9, STAR VALLEY RANCH PLAT 11, ACCORDING TO THE
OFFICIAL PLAT OF RECORD AS PLATTED AND FILED IN THE
OFFICE OF THE COUNTY CLERK, LINCOLN COUNTY,
WYOMING
with an address of 316 Vista East Drive, Thayne, WY 83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Wells Fargo Bank, N.A., as Trustee for ABFC 2004 -OPT5 Trust, ABFC
Asset Backed Certificates, Series 2004 -OPT5
Assignment dated: December 22, 2008
Assignment recorded: December 30, 2008
Assignment recording information: at Reception No. 944411 in Book 712 at Page
164
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, Wells Fargo Bank, N.A., as
Trustee for ABFC 2004 -OPT5 Trust, ABFC Asset Backed Certificates, Series
2004 -OPT5 "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.
Corrective Certificate of Sale
RECEIVED 10/1/2010 at 4:22 PM Cooney 08 -24471
RECEIVING 955808 Page 1 of 7
BOOK: 754 PAGE: 824
JEANNE WAGNER_
LINCOLN COUNTY CLERK, ERER, WY
0010110211
OeS5
W3 a466 f; s cad§b be'°'r jade of a
notic e of -fot t sUre a# #n't he me er G e'-newspaper published and
havrr1d ger§erual dircutafid rn 1' n i'i' oc t `S ttte`of Wir nil g;' or'rde &week for
'foor 14) I0110 1ssua-'Iof said
newspaper -a 24.461 0. issue Ihere'o; °diet 1iotice w
'mulled;° certified mail :return r•ecerptiegueeted to''alt `pekoes 'asr `required by
Wyoming statutes, as ShoWri by'fhe affidavit attached liereta hibit A grid by
this reference Made a part hereof, and'that said notice as mailed and published,
did 'comply `iri all respects With the requirements of the statutes relating to
fAreclosuresnof 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 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 seal :to.wlt: On 'April 27, 2010 at 10 :00 o'clock in the
forenoon, at the front door of the Lincoln County Courthouse in the City of
Kemmerer, Lin oln 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
$187,112.70 ("Bid Sum which was bid.'and offered by 'Was Fargo Bank, N.A.,
as Trustee for ABFC 20047 5 Trust, ABFC Asset- Backed Certificates,
Series 2004 -OPT5 "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 $4,772.38 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 April 27, 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
day of fv 2010.
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Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name: J1'7 f ANC' /0,44 4✓
Title: 6f- �r'7-
Corrective Certificate of Sale
Cooney 08 -24471
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
My, Expires:
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ACKNOWLEDGMENT
SS
Witness my hand and official seal.
C:100826
The foregoing instrum rnt w. i subscri -d n my presence and
acknowledged before me by 1 .1 IA S �,ta_l►. A
S eriff of Lincoln County, State of Wyo" ing, this b day of
2010.
ry Public
Corrective Certificate of Sale
Cooney 08 -24471
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
AFFIDAVIT O`F SERVICE OF WRITTEN 'NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
000827
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 6, 2003 (the "Mort aq_e and recorded on February 18, 2003, at
Reception No. 887884 in Book 512 at Page 896 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 Sean P. Cooney and Melissa Cooney
("Mortgagor(s)"), the named rnortgegor(s), and Argent Mortgage Company, LLC
is the named mortgagee, which Mortgage was assigned for value as follows:
Assignee: Wells Fargo Bank, N.A., as Trustee for ABFC 2004 -OPT5 Trust, ABFC
Asset Backed Certificates, Series 2004 -OPT5
Assignment dated: December 22, 2008
Assignment recorded: December 30, 2008
Assignment recording information: at Reception No. 944411 in Book 712 at Page
164
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: 71786575345000406248
CERTIFIED MAIL NO. FSN: 71786575345000410696
Sean P. Cooney
316 Vista East Drive
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000406279
CERTIFIED MAIL NO. FSN: 71786575345000410726
Tony's Glass, Inc.
c/o Bowers Law Firm, PC
P.O. Box 1550
Afton, WY 83110
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CERTIFIED MAIL NO. NOI: 71786575345000406255
CERTIFIED MAIL NO. FSN: 71786575345000410702
Melissa Cooney
316 Vista East Drive
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 70092820000264283386 CERTIFIED MAIL NO. NOI: 71786575345000406262
CERTIFIED MAIL NO. FSN: 70092820000264283904 CERTIFIED MAIL NO. FSN: 71786575345000410719
US Bank National Association, as Trustee for the C -BASS Occupant
Mortgage Loan Asset Backed Certificates, Series 2007 -RP1 316 Vista East Drive
4828 Loop Central Drive Thayne, WY 83127
Houston, TX 77081
CERTIFIED MAIL NO. NO 71786575345000406286
CERTIFIED MAIL NO. FSN: 71786575345000410733
Tony's Glass, Inc.
190 Osmand St.
P.O. Box 408
Thayne, WY 83127
Corrective Certificate of Sale
Cooney 08 -24471
Page 4 of 7
CERTIFIED MAIL NO. NOI: 71786575345000406293
CERTIFIED MAIL NO. FSN: 71786575345000410740
Kelly Currier
P.O. Box 9411
Jackson, WY 83002
CERTIFIED MAIL NO. NOI: 71786575345000406316
CERTIFIED MAIL NO. FSN: 71786575345000410764
Melissa Cooney
P.O. Box 1080
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000406330
CERTIFIED MAIL NO. FSN: 71786575345000410788
Darren W. Rosenbaum
P.O. Box 102
Grover, WY 83122
CERTIFIED MAIL NO. NOI: 71786575345000406354
CERTIFIED MAIL NO. FSN: 71786575345000410801
Harvest Credit Management VII
P.O. Box 949
Kemmerer, WY 83101
State of Wyoming
County of Natrona
This
day of .e ,ff-
Meinhold and Stawiarski.
!4:
FURTHER AFFIANT SAYETH NAUGHT.
My commission expires:
L c +o
COSPkg
000828
CERTIFIED MAIL NO. NOI: 71786575345000406309
CERTIFIED MAIL NO. FSN: 71786575345000410757
Teton Truss, Inc.
108577 Highway 90
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 71786575345000406323
CERTIFIED MAIL NO. FSN: 71786575345000410771
Sean Cooney
P.O. Box 1080
'Mayne, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000406347
CERTIFIED MAIL NO. FSN: 71786575345000410795
Jeffrey Roberts
P.O. Box 5287
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 71786575345000406361
CERTIFIED MAIL NO. FSN: 71786575345000410818
Lincoln County Treasurer
P.O. Box 630
Kemmerer, WY 83101
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was March 19, 2010 and the date of the first publication of the
notice of foreclosure sale was April 1, 2010.
Castle, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
instrument was acknowledged before me on
2010 by Danette Baldacci as attorney of Castle,
Legal Services, LLC.
(Signature of notarial officer)
At rh Pt f b( cc
Title (and Rarik)
Corrective Certificate of Sale
Cooney 08 -24471
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALE NOTICE
WHEREAS, default in the payment of principal and interest has oc-
cursed under the terms of a promissory note (the "Note dated February
6, 2003, executed and delivered by Sean P. Cooney and Melissa Cooney
"Mortgagor(s) to Argent Mortgage Company, LLC, and a' real estate
mortgage (the "Mortgage of the same date securing the Note, which
Mortgage was executed and delivered by said Mortgagor(s), to said Mort-
gagee, and which Mortgage was recorded on February 18, 2003, at Re-
ception No. 887884 in Book 512 at Page 896 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: US Bank National Association, as Trustee for the C -BASS
Mortgage Loan Asset-Backed Certificates, Series 2007 -RP1
Assignment dated: December 22, 2008
Assignment recorded: December 30, 2008
Assignment recording information: at Reception No. 944411 in Book
712 at Page 164
All in the records of the County Clerk and ex- officio Register of Deeds
in and for Lincoln County, Wyoming.
WHEREAS, the contains a power of sale which by reason
of said default, the Mortgagee declares to have become operative, and no
suit or proceeding has been instituted at law to recover the debt secured
by the Mortgage, or any part thereof, nor has any such suit or proceeding
been instituted and the same discontinued; and
WHEREAS, written notice of intent to foreclose the Mortgage by
advertisement and sale has been served upon the record owner and the
party in possession of the mortgaged premises at least ten (10) days prior
to the commencement of this publication, and the amount due upon the
Mortgage on the date of first publication of this notice of sale being the
total sum of $185,056.42 which sum consists of the unpaid principal bal-
ance of $149,021.02 plus interest accrued to the date of the first publica-
tion of this notice in the amount of $36,035.40, plus attorneys' fees, costs
expended, and accruing interest and late charges after the date of first
publication of this notice of sale;
WHEREAS, The property being foreclosed upon may be subject to
other liens and encumbrances that will not be extinguished at the sale.
Any prospective purchaser should research the status of title before sub-
mitting a bid;
NOW, THEREFORE US Bank National Association, as Trustee for
the C -BASS Mortgage Loan Asset-Backed Certificates, Series 2007 -RP1,
as the Mortgagee, will have the Mortgage foreclosed as by law provided
by causing the mortgaged property to be sold at public venue by the Sheriff
or Deputy Sheriff in and. for Lincoln County, Wyoming to the highest
bidder for cash at 10:00 o'clock in the forenoon on April 27, 2010 at the
front door of the Lincoln County Courthouse located at 925 Sage Av-
enue, Kemmerer, WY, Lincoln County, for application on the above-de-
scribed amounts secured by the Mortgage, said mortgaged property be-
ing described as follows, to -wit:
LOT 9, STAR VALLEY RANCH PLAT 11, ACCORDING TO THE
OFFICIAL PLAT OF RECORD AS PLATTED AND FILED IN THE
OFFICE OF THE COUNTY CLERK. LINCOLN` COUNTY, WYO-
MING
with an address of 316 Vista East Drive, Thayne, WY 83127.
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
US Bank National Association, as Trustee for the C- BASS
Mortgage Loan Asset- Backed Certificates, Series 2007 -RP1
By: Danette Baldacci
Castle,Meinhold Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper; WY 82609 -0000
(307) 333 5379
PUBLISH: April 1 8, 15, 22, 2010 (08- 24471)° 0401 D
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EXHIBIT B
RUBLISHER"S AFFIDAVIT
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 1
day of ar 20 10
and the last publication being on the i being on the %i
a
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
day of
Mark Tesoro, General Manager
Subscribed in my presence and sworn to
before me on this 77 day of
C
ROSEMARY CAPELLEN NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires May 5, 2012
Notary Sig a ure
Kemmerer, Wyoming
STATE OF WYOMING
)ss.
County of Lincoln
,20 1 0);
C:00829
Certificate of Sale
Cooney 08 -24471
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
State of Wyoming
County of Natrona
My commission expires:
COSPkg 1 Z'a /7
EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
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 $4,772.38
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 600.00
Title Commitment 655.00
Postage 234.08
Photocopies 28.70
Statutory Notice Fee 494.00
Record AOM 11.00
Postage Record AOM 16.50
Publication Cost (Prior FSN's) 1,745.70
FTP Update x 4 425.00
Publication Cost 455.40
Conduct Sale 50.00
Record Cert of Sale 26.00
Record Sheriff's Deed 11.00
Sheriffs Fee Sale 10.00
Sheriffs Fee Costs 10.00
Total $4,772.38
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 AFFIA T ETH NAUGHT.
Byranette Ardacci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
'2 day of 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawia ski Legal Services, LLC.
(Signature of notarial officer)
iT I°
e (and Ra
Title
000830
Corrective Certificate of Sale
Cooney 08 -24471
Page 7 of 7