HomeMy WebLinkAbout9563096010918128
CERTIFICATE OF SALE
STATE OF WYOMING
SS 000884
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 June 22, 2007, executed and delivered by Ron
Coleman and Michelle Coleman to Mortgage Electronic Registration Systems,
Inc., as nominee for First Horizon Home Loans, a Division of First Tennessee
Bank, N.A. and (b) that certain mortgage dated June 22, 2007 (the "Mortgage
securing said note, which Mortgage was executed and delivered by said
mortgagor(s), to said mortgagee, and was recorded on June 28, 2007, at
Reception No. 930781 in Book 663 at Page 827 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:
A triangular shaped tract of land lying within the Northeast Quarter of the Northwest Quarter of Section 32,
Township 33 North, Range 118 West Lincoln County, with boundaries more particularly described as
follows:
Beginning on the Northeast boundary line of U.S. Highway 89 at a point, which is located North 82 °23'51"
West a distance of 722.77 feet from the C -N 1/16 Corner of Section 32; and running thence North
41 °32'26" West, along the boundary of U.S. Highway 89, a distance of 422.76 feet to a point; thence South
87 °44'00" East a distance of 285.56 feet to a point; thence South 00 °56'00" West a distance of 305.16 feet
to the point of beginning; enclosing an area of 1.00 acre, more or less;
Each "point" being marked by a 5/8" steel reinforcing bar with aluminum cap inscribed "ROSS TURNER
PE &LS 3514 SURVEY POINT
Reserving, however, unto the Grantor, a 40 foot wide access and underground utilities right -of -way
easement more particularly described as follows:
Beginning at the Northwest corner of the above described tract; and running thence South 87 °44'0" East,
along tract boundary line, a distance of 55.43 feet; thence South 41 °32'36" East a distance of 158.00 feet;
thence South a distance of 158.00 feet; thence South a distance of 60.31 feet to an intersection with the
Northeasterly boundary line of U.S. Highway 89; thence North 41 32'35" West, along the highway
boundary, a distance of 241.51 feet to the said Northwest corner
with an address of 91008 Highway 89 Grover, WY 83122
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: MetLife Home Loans, a division of MetLife Bank, N.A.
Assignment dated: March 29, 2010
Assignment recorded: April 6, 2010
Assignment recording information: at Reception No. 952801 in Book 745 at Page
128
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.
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RECEIVED 10/26/2010 at 10:20 AM
RECEIVING 956309
BOOK: 755 PAGE: 884
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Coleman 09- 14182R
Page 1 of 7
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000885
4. That the power of sale contained in the Mortgage having
been made operative by reason of such default, MetLife Home Loans, a division
of MetLife Bank, N.A. "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 30, 2010 issue of
said newspaper and ending with the October 21, 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 October 26, 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
$282,104.84 "Bid Sum which was bid and offered by MetLife Home Loans, a
division of MetLife Bank, N.A. "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 $2,883.60 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 October 26, 2010, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
Certificate of Sale
Coleman 09- 14182R
Page 2 of 7
DATED at Kemmerer, Lincoln County, State of Wyoming, this
25th day of October 2010.
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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By:
ACKNOWLEDGMENT
SS
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
Print Name: Bart Julander
Title: Deputy Sheriff
The foregoing instrument was subscribed in my presence and
acknowledged before me by Bart Julander
Deputy Sheriff of Lincoln County, State of Wyoming, this 26th day of
October 2010.
Witness my hand and official seal.
c-,
Notary Public
SAVANNA L. HAWKES NOIANY PUBLIC
COUNTY Of STATE OF
LINCOLN r WYOMING
�lgnJxgjres
000886
Certificate of Sale
Coleman 09- 14182R
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 June
22, 2007 (the "Mortgage and recorded on June 28, 2007, at Reception No.
930781 in Book 663 at Page 827 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 Ron Coleman and Michelle Coleman "Mortgagor(s) the named
mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee
for First Horizon Home Loans, a Division of First Tennessee Bank, N.A. is the
named mortgagee, which Mortgage was assigned for value as follows:
Assignee: MetLife Home Loans, a division of MetLife Bank, N.A.
Assignment dated: March 29, 2010
Assignment recorded: April 6, 2010
Assignment recording information: at Reception No. 952801 in Book 745 at Page
128
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. N01: 71969009843000540560
CERTIFIED MAIL NO. FSN 71969009843000547736:
Ron Coleman
91008 Highway 89
Grover, WY 83122
CERTIFIED MAIL NO. NOI: 71969009843000540577
CERTIFIED MAIL NO. FSN 71969009843000547743:
Michelle Coleman
91008 Highway 89
Grover, WY 83122
CERTIFIED MAIL NO. NOI: 71969009843000540584
CERTIFIED MAIL NO. FSN: 71969009843000547750
MetLife Home Loans, a division
of MetLife Bank, N.A.
4000 Horizon Way Suite 100
Irving, TX 75063
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EXHIBIT A
SS
000887
CERTIFIED MAIL NO. NOI: 71969009843000540591
CERTIFIED MAIL NO. FSN 71969009843000547767:
Ron Coleman
91008 US Highway 89
Grover, WY 83122 -8802
CERTIFIED MAIL NO. NOI: 71969009843000540607
CERTIFIED MAIL NO. FSN: 71969009843000547774
Michelle Coleman
91008 US Highway 89
Grover, WY 83122 -8802
CERTIFIED MAIL NO. NOI: 71969009843000540614
CERTIFIED MAIL NO. FSN 71969009843000547781:
Occupant
91002 Highway 89
Grover, WY 83122
Certificate of Sale
Coleman 09- 14182R
Page 4 of 7
000888
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was September 17, 2010 and the date of the first publication of the
notice of foreclosure sale was September 30, 2010.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
day of 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiars i�Legal Services, LLC.
My commission expires:
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FURTHER AFFIANT SAYETH NAUGHT.
Z7
B ►1i anette Ba cc'
Castle, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
(Signature of notari officer)
/4)
Title (and Ra k)
Certificate of Sale
Coleman 09- 14182R
Page5of7
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 June 22,
2007, executed and delivered by Ron Coleman and Michelle Coleman
"Mortgagor(s) to Mortgage Electronic Registration Systems, Inc.., as
nominee for First Horizon Home Loans, a Division of First Tennessee
Bank, N.A., 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 June 28, 2007, at Reception No. 930781 in Book 663 at Page 827 "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: MetLife Home Loans, a division of MetLife Bank, N.A.
Assignment dated: March 29, 2010
Assignment recorded: April 6, 2010
Assignment rccording information: at Reception No. 952801 in Book
745 at Page 128
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, andno
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 s 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 $276,868.16 which sum consists of the unpaid principal bal-
ance of $239,460:16 plus interest accrued to the date of the first publica-
tion of this notice in the amount of $37,408.00, 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 MetLife Home Loans, 'a division of MetLife
Bank, N.A., 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 October
26, 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:
A triangular shaped tract of land lying within the Northeast Quarter
of the Northwest Quarter of Section 32 Township 33 North, Range 118
West Lincoln 'County, with, boundaries more particularly described as
follows:
Beginning on the Northeast boundary line of U.S. Highway 89 °at a
point, which is located North 82°23'51" West a distance of 722.77 feet
from the C -N `1/16 Cornet of Section 32; and running thence North
41 °32'26" West, along' the boundary of U.S. Highway 89, a'distance of
422.76 fe9t to a point; thence South 87 °44'00" East a distance of 285.56
feet to a point; thence South 00 °56'00" West a distance of 305.16 feet to
the point ofd begin ing; enclosing an area of 1.00 acre, more or less;" a.
Each "point" bbeing mark byya 5f8" steel reinforcing with alum'.
num cap inscribed OS"S. U R R. E& S'.3514 SURVEY POINT
R OSEMARY CAPELLEN NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires May 5, 2012
Reserving, however, Tito the Grantor, a 40 foot wide access and un-
derground utilities right -of -way easement more particularly described as
follows:
Beginning at the Northwest corner of the above described tract; and
running thence South 87°44'0" East, along tract boundary line, a dis-
tance of 55.43 feet; thence South 41 °32'36 East a distance of 158.00
feet; thence South a distance of 158.00 feet; thence South a distance of
60.31 feet to an intersection with the Northeasterly boundary line of U.S.
Highway 89; thence North 41°32'35" West,' along the highway bound
ary, a distance of 241.51 feet to the said Northwest corner 3
with an address of 91008 Highway 89, Grover, WY 83122.
Together with all improvements thereon situate and all fixtures and
thereto.
MetLife Home Loans, a division of MetLife Bank, N.A.
By: Danette Baldacci
Castle, Meinhold StawiarskiLegal Services, LLC
330 S. Walsh Dri't- sre..' 02
Casper, WY f 00
(1071 3135379
EXHIBIT B
000889
Kemmerer Wyoming
STATE OF WYOMING
ss.
County of Lincoln
I, Michael Jensen, do solemnly swear that
I am the publisher of the Kemmerer
Gazette, a weekly paper of general
circulation, published once a week at
Kemmerer, Lincoln County, Wyoming;
that the notice attached hereto, and which
is part of the affidavit, was published in
said newspaper for 13 f insertions, the
first publication having been made on the
60 day of �11�
A.D., 20 ¢C) and the last publication on
the At day of a f h)
A.D., 20 10 that said notice was
published in a regular and entire issue of
the paper(s) in which it was published; and'
that said ribtice was published in the
newspaper proper, and not in a
supplement.
Michael Jensen, Publisher
Subscribed in my presence and sworn to
on this c I day of
D., 20 1 Cy
Certificate of Sale
Coleman 09- 14182R
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 $2,883.60
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 600.00
Statutory Notice Fee 78.00
FTP Update x 2 250.00
Publication Cost 579.60
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
Previous Invoice $1258.00 1,258.00
Total
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 AFFIANT NAUGHT.
i
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
(t( day of 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
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My commission expires:
lc)
EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
$2,883.60
afiette Ba
C_ e, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
(Signatpre of notari l officer)
G' `3.1.4 c
Title (and Raik)
000890
Certificate of Sale
Coleman 09- 14182R
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