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HomeMy WebLinkAbout9570616011019541 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 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 16, 2006, executed and delivered by Karla Goodman to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation and (b) that certain mortgage dated October 16, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 17, 2006, at Reception No. 923472 in Book 637 at Page 415 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 2 OF COTTONWOOD SUBDIVISION AMENDED, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON APRIL 4, 1978 AS INSTRUMENT NO. 506316 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 78469 Highway 89 Smoot, WY 83126 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 000405 Assignee: MetLife Home Loans, a division of MetLife Bank, N.A. Assignment dated: December 12, 2008 Assignment recorded: December 26, 2008 Assignment recording information: at Reception No. 944351 in Book 711 at Page 834 Assignee: Federal National Mortgage Association Assignment dated: July 12, 2010 Assignment recorded: September 14, 2010 Assignment recording information: at Reception No. 955499 in Book 753 at Page 625 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, Federal National Mortgage Association "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 RECEIVED 12/7/2010 at 11:47 AM RECEIVING 957061 BOOK: 758 PAGE: 405 JEANNE WAGNER LINCOLN COUNTY Cl FRK KFMMFRFR WY Certificate of Sale Goodman 08- 23693R Page 1 of 7 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 November 11, 2010 issue of said newspaper and ending with the December 2, 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 December 7, 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 $213,859.42 "Bid Sum which was bid and offered by Federal National Mortgage Association "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 $5,768.79 is to be paid to Castle Stawiarski, 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 December 7, 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 7th day of December 2010. COSPkg M. Shane Johnson 0 0 d4 06 Sheriff in and for Lincoln County, State of Wyoming d ot Aer 411:0 Print Name: Cliff Boyd By: Title: Deputy Sheriff Certificate of Sale Goodman 08- 23693R Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 7th day of December 2010. My Commission Expires: COSPkg Witness my hand and official seal. Notary Public SAVANNA L. HAWKS NOTARY PUBLIC COUNTY OF LINCOLN lhC,<' k 1 STATE OF -L-2z.-1.1- MINE My Commission Expir 00 !407 Certificate of Sale Goodman 08- 23693R Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE Patricia Anne Michitsch 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 Stawiarski, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated October 16, 2006 (the "Mortgage and recorded on October 17, 2006, at Reception No. 923472 in Book 637 at Page 415 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 Karla Goodman "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation 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: December 12, 2008 Assignment recorded: December 26, 2008 Assignment recording information: at Reception No. 944351 in Book 711 at Page 834 Assignee: Federal National Mortgage Association Assignment dated: July 12, 2010 Assignment recorded: September 14, 2010 Assignment recording information: at Reception No. 955499 in Book 753 at Page 625 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: 71969009843000574145 CERTIFIED MAIL NO. FSN: 71969009843000578105 Karla Goodman 78469 Highway 89 Smoot, WY 83126 CERTIFIED MAIL NO. NOI: 71969009843000574169 CERTIFIED MAIL NO. NOI: 71969009843000574176 CERTIFIED MAIL NO. FSN: 71969009843000578112 CERTIFIED MAIL NO. FSN: 71969009843000578143 Karla Goodman Occupant 78569 Highway 89 78469 Highway 89 Afton, WY 83110 Smoot, WY 83126 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71969009843000574152 CERTIFIED MAIL NO. FSN: 71969009843000578136 Karla Goodman 1415 10th Ave SE Cambridge, MN 55008 -3754 00040S Certificate of Sale Goodman 08- 23693R Page4of7 CERTIFIED MAIL NO. NOI: 71969009843000574183 CERTIFIED MAIL NO. FSN: 71969009843000578129 Federal National Mortgage Association 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 29, 2010 and the date of the first publication of the notice of foreclosure sale was November 11, 2010. State of Wyoming County of Natrona day of Castle Stawiarski, L 'LC. FKODEE PEARSON STATE OF WYOMING COUNTY OF NATRONA Commission Expims A r. 14, 2054 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on c 2010 by Patricia Anne Michitsch as attorney of C /4.z,r...4.;-- „4-44,.. By: Patricia ne Michits Castle Staw'. rski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial of i r) l fir C% Tifle (and Ranly CC0 0409 CERTIFIED MAIL NO. NOI: 71969009843000574190 CERTIFIED MAIL NO. FSN: 71969009843000578150 Karla Goodman 78569 Highway 89 Afton, WY 83110 Certificate of Sale Goodman 08- 23693R 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 Octobe r 16, 2006; executedaand' by Karla'Goodman` "Mortgagor(s) to Mortgage Electronic` Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation, and a real estate mortgage (the "Mort- gage of the same date securing the Note, which Mortgage was_executed and delivered by saidMortgagor(s), to said Mortgagee, and which Mort gage was recorded on October 17, 2006, at Reception No. 923472 in Book 637 at Page 415 in the records of the,office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyo- g; and W H E REAS, the mortgage was assigned for value as follows: Assignee: ,MetL' if Loans, a division of MetLife Bank, NA. Assignment dated; Aecem ber 12, 2008 Assignment recor",ded December 26,'2008" Assignment recording"yinfotiri.ation: atleception No. 944351 in Book 711 'at Page 834 Assignee: Federal National Mortgage Association Assignment dated 11y 12;'2010 Assignmentrecorded September v 14, 2010 Assignment recording information: at Reception No. 955499 in Book 753 at Page 625 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County 'Wyo g. WHEREAS, the Mortgagecontains a power`of °sale which. by reason of said default, the Mortgagee eclares to have become operative, and no suit or proceeding has been institut atlaw to recover the debtsecured by the Mortgage, or any part thereof, nor ha any such suitor proceeding been instituted „and the;,saine discon tinue d to "arid WHEREAS, written notice of intent 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 $209,542.61 which sum consiss of the unpaid principal bal- ance of $172,801.65 plus interest accrued to the date of the first publica- tion of this notice in the amount of $36,740.96, 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 oth and'encumbrances will not be extinguished at the sale. Any prospective purchaser should research the status of title before sub- mitting a bid NOW, THERE Oederal National Mortgage Association, as the Mortgagee, w ill hake i the Mo tgage foreclosed as by law` provided by causing L th e nortg agediproperty to be sold °at p ublic venue by the Sheriff or De i tcoln County, Wyoming to the highest bidde dr caslt at 10 o the forenoon on December 7, 2010 at tops pf c�� CC S nty.Courthouse located at 925 Sage emtne'er, inc County, for application on the above scrild�xao fl s secured by} e ?Mortgage, said mortgaged °property being deso�ibe'm sctllows )',SUBDIVISION AMENDED, LINCOLN ESCRIBED ON THE O1 PLAT INSTRUMENT, NO. 506316 OF THE .COUNTY`CLERK iway 89, Smoot, WY 83126 its thereon situate and a11. fixtures and ederal National Association By: Danette Baldacci :Old Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 333 5379 PUBLISH' 1 p y ;.Dec 2, 2010 (08 693R), .1 UvarKg EXHIBIT B PUBLISHER'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 I day of O b 20 to and the last publication being on the ,c day of (eeiLlMi.(Ri 20 (0 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln Mark Tesoro, General Manager ROSEMARY CAPELLEN NOTARY PUBLIC County of Y State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this day of Tesoro, Gene Notary S ature (0 Manager. JO, 1 00 0.410 Certificate of Sale Goodman 08- 23693R Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Patricia Anne Michitsch, 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 Stawiarski, LLC who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That Castle Stawiarski, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $5,768.79 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 712.00 Statutory Notice Fee 78.00 record AOM 8.00 Publication Cost 483.00 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 25.00 previous invoice 3744.79 3,744.79 Total $5,768.79 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 Stawiarski, 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 AFF SAETH NAUGHT. State of Wyoming County of Natrona Is instrument was acknowledged before me on day of a 2010 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC STATE OF WYOMING COUNTY OF NATRONA 11 {Commissiore EttpTres Apr. 14, 2014 My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY 4 3r i ty z, Zer SS y: Patrici. nne Michitsch Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial offs C j L +f Titl(and Rank) 000411 Certificate of Sale Goodman 08- 23693R Page 7 of 7