Loading...
HomeMy WebLinkAbout9559406011018892 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 October 13, 2004, executed and delivered by Gary D. Daley and Bonnie J. Daley to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation and (b) that certain mortgage dated October 13, 2004 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 15, 2004, at Reception No. 903822 in Book 570 at Page 223 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 95 OF STAR VALLEY RANCH PLAT 3, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 12 Cottonwood Lane Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: GMAC Mortgage, LLC Assignment dated: June 9, 2010 Assignment recorded: June 30, 2010 Assignment recording information: at Reception No. 954171 in Book 749 at Page 842 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, GMAC Mortgage, LLC "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 September 16, 2010 issue of said newspaper and ending with the October 7, 2010 issue thereof; that said RECEIVED 10/12/2010 at 12:35 PM RECEIVING 955940 BOOK: 755 PAGE: 196 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Daley 10 -17396 Page 1 of 7 F: x.99 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 October 12, 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 $167,447.00 "Bid Sum which was bid and offered by GMAC Mortgage, LLC "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 $1,902.80 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 October 12, 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 12th day of October 2010. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming B Print Name: CA Title: Deputy Sheriff Certificate of Sale Daley 10 -17396 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by 'eCk_\l`C OX. Deputy Sheriff of Lincoln County, State of yoching, this 12th day of October 2010. My Commission Expires: COSPkg ACKNOWLEDGMENT Witness my hand and official seal. SS SAVANNA L. HA!�V NOTARY PUBLIC COUNTY OF STATE OF LINCOLN d�,'3 r WYOMING My Commission Expires i t Notary Public 198 Certificate of Sale Daley 10 -17396 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 October 13, 2004 (the "Mortgage and recorded on October 15, 2004, at Reception No. 903822 in Book 570 at Page 223 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 Gary D. Daley and Bonnie J. Daley "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: GMAC Mortgage, LLC Assignment dated: June 9, 2010 Assignment recorded: June 30, 2010 Assignment recording information: at Reception No. 954171 in Book 749 at Page 842 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: 71969009843000524249 CERTIFIED MAIL NO. FSN: 71969009843000534194 Gary D. Daley 12 Cottonwood Lane Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000524263 CERTIFIED MAIL NO. FSN: 71969009843000534217 Bonnie J. Daley 12 Cottonwood Lane Thayne, WY 83127 COSPkg CERTIFIED MAIL NO. NOI: 71969009843000524256 CERTIFIED MAIL NO. FSN: 71969009843000534200 Gary D. Daley PO Box 3138 Alpine, WY 83128 CERTIFIED MAIL NO. N01: 71969009843000524270 CERTIFIED MAIL NO. FSN: 71969009843000534224 Bonnie J. Daley PO Box 3138 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000524287 CERTIFIED MAIL NO. NOI: 71969009843000524294 CERTIFIED MAIL NO. FSN: 71969009843000534231 CERTIFIED MAIL NO. FSN: 71969009843000534248 GMAC Mortgage, LLC Occupant 1100 Virginia Drive 12 Cottonwood Lane Fort Washington, PA 19034 Thayne, WY 83127 Certificate of Sale Daley 10 -17396 Page 4 of 7 A.99 CERTIFIED MAIL NO. NOI: 71969009843000524300 CERTIFIED MAIL NO. FSN: 71969009843000534255 Department of Veterans Affairs 155 Van Gordon Street Denver, CO 80225 3. That the date of mailing of the notice of intent to foreclose the Mortgage was August 30, 2010 and the date of the first publication of the notice of foreclosure sale was September 16, 2010. State of Wyoming County of Natrona This instrument was acknowledged before me on 7 day of OU 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. '1 B: Panette Bald Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 A (Signature of nota lal officer) f (e1 Title (and Rar Certificate of Sale Daley 10 -17396 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- curred under the terms of a promissory note (the 'Note') dated October 13, 2004, executed and delivered by Gary D. Daley and Bonnie J. Daley "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation; 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 Mortgagee, and which Mortgage was recorded on October 15, 2004, at Reception No 903822 in Book 570 at Page 223 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: GMAC Mortgage, LLC Assignment dated: June 9, 2010 Assignment recorded: June 30, 2010 Assignment recording information: at Reception No. 954171 in Book 749 at Page 842 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 suit or proceeding has been instituted at to recover the debt secured by the Mortgage, or any part thereof, nor ha 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 $197,016.14 which sum consists of the unpaid principal bal- ance of 188,012.56 plus interest accrued to the date of the first publica- tion of this notice in the amount of $9,003.58, 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 GMAC Mortgage, LLC, as the Mortgagee, will have the Mortgage foreclosed as by law, provided by causing the mort- gaged property to be sold at public venue by the Sheriff or Deputy Sher- iff in and for Lincoln County, Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on October 12, 2010 at the front door of the Lincoln County Courthouse 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 as follows, to -wit: LOT 95 OF STAR VALLEY RANCH PLAT 3, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 12 Cottonwood Lane, Thayne, WY 83127. Together with all improvements thereon situate and all fixtures and appurtenances thereto. GMAC Mortgage, LLC By: Danette Baldacci Castle, Meinhold Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 PUBLISH: Sept. 16, 23, 30, Oct. 7, 2010 (10- 17396) 0916C 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 '1 consecutive issues /weeks; the first publication being on the day of and the last day of KEMMERER, WYOMING STATE OF WYOMING )ss COUNTY OF LINCOLN being on the 7 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 Jense6„ Hublisher ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln ,u k Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to befor-.;;e on this t day of Notary Signat 201 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 $1,902.80 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publicaiton Cost Conduct Sale Record Cert of Sale Record Sheriffs Deed Record Special Warranty Deed Sheriffs Sale Fee Sheriffs Deed Fee FTP Update Total $1,902.80 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 AFZ■NT S TH NAUG T. State of Wyoming County of Natrona This instrument was acknowledged before me on 7 day of (kJ— 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. COSPkg My commission expires: EXHIBIT C AFFIDAVIT OF ATTORNEY SS 600.00 641.00 91.00 427.80 50.00 26.00 11.00 11.00 10.00 10.00 25.00 (Signat re of notarial officer) Title (and R'nk) 902 :y Banette Bald i Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 Certificate of Sale Daley 10 -17396 Page 7of7