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:
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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.
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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:
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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
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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:
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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:
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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