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HomeMy WebLinkAbout9577816011019332 STATE OF WYOMING COUNTY OF LINCOLN M. Shane Johnson CERTIFICATE OF SALE SS upon his oath, states and certifies as follows: 00:p330 of lawful age, being first duly sworn 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, 2008, executed and delivered by Mitzi B. Clinger to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean Whitaker Mortgage Corp. and (b) that certain mortgage dated February 6, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 12, 2008, at Reception No. 936885 in Book 686 at Page 419 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: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 35 NORTH, RANGE 119 WEST, LINCOLN COUNTY, WYOMING, BEING PART OF THOSE TRACTS OF RECORD IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY IN BOOK 298 OF PHOTOSTATIC RECORDS ON PAGE 6, AND IN BOOK 311 OF PHOTOSTATIC RECORDS ON PAGE 535 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, NORTH 84 °31'40" WEST, 1621.39 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 16, FOUND AS DESCRIBED IN THE CORNER RECORD FILED IN SAID OFFICE; THENCE SOUTH 62 °17'14" WEST, 147.58 FEET, ALONG THE CENTERLINE OF AN EXISTING ACCESS ROAD, TO A POINT; THENCE NORTH 27 °42'46" WEST, 147.58 FEET, PERPENDICULAR TO SAID CENTERLINE, TO A POINT; THENCE NORTH 62 °17'14" EAST, 147.58 FEET PARALLEL WITH SAID CENTERLINE, TO A POINT; THENCE SOUTH 27 °42'46" EAST, 147.58 FEET TO THE POINT OF BEGINNING with an address of 1888 Country Road 114, Freedom, WY 83120 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Ocwen Loan Servicing, LLC Assignment dated: September 10, 2010 Assignment recorded: November 9, 2010 Assignment recording information: at Reception No. 956597 in Book 756 at Page 891 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, Ocwen Loan Servicing, LLC COSPkg RECEIVED 1/25/2011 at 11:49 AM RECEIVING 957781 BOOK: 761 PAGE: 330 JEANNE WAG' LINCOLN COUNTY CLERiCKEMMERFR wv Certificate of Sale Clinger 10 -16220 Page 1 of 7 03331 "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 December 30, 2010 issue of said newspaper and ending with the January 20, 2011 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 January 25, 2011 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 $182,297.64 "Bid Sum which was bid and offered by Ocwen Loan Servicing, 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 $2,701.20 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 January 25, 2011, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Clinger 10 -16220 Page2of7 000 4132 25th DATED at Kemmerer, Lincoln County, State of Wyoming, this day of January 2011. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT SAVANNA L. ri,w SS ;;.i IAHY PUBLIC COUNTY OF �ttI t i r� STATE Or LINCOLN a� WYO ING My Commission Ezoir M. Shane Johnson Witness my hand and official seal. Sheriff in and for Lincoln County, State of Wyoming By: La— Print Na e: John Stetzenbach Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by John Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this 25th day of January 2011. Notary Public Certificate of Sale Clinger 10 -16220 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 00i10333 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 Stawiarski, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated February 6, 2008 (the "Mortgage and recorded on February 12, 2008, at Reception No. 936885 in Book 686 at Page 419 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 Mitzi B. Clinger "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean Whitaker Mortgage Corp. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Ocwen Loan Servicing, LLC Assignment dated: September 10, 2010 Assignment recorded: November 9, 2010 Assignment recording information: at Reception No. 956597 in Book 756 at Page 891 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: 71969009843000583161 CERTIFIED MAIL NO. NOI: 71969009843000583178 CERTIFIED MAIL NO. FSN: 71969009843000584359 CERTIFIED MAIL NO. FSN: 71969009843000584373 CERTIFIED MAIL NO. FSN2: 71969009843000605504 CERTIFIED MAIL NO. FSN2: 71969009843000605528 Mitzi B. Clinger Occupant 1888 Country Road 114 1888 Country Road 114 Freedom, WY 83120 Freedom, WY 83120 CERTIFIED MAIL NO. NOI: 71969009843000583185 CERTIFIED MAIL NO. FSN: 71969009843000584366 CERTIFIED MAIL NO. FSN2: 71969009843000605511 Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 3. That the date of mailing of the notice of intent to foreclose the Mortgage was November 12, 2010 and the date of the first publication of the notice of foreclosure sale was December 30, 2010. COSPkg CERTIFIED MAIL NO. NOI: 71969009843000583192 CERTIFIED MAIL NO. FSN: 71969009843000584397 CERTIFIED MAIL NO. FSN2: 71969009843000605535 Mitzi B. Clinger Box 92 Freedom, WY 83120 Certificate of Sale Clinger 10 -16220 Page 4 of 7 State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. By: anette :vs acci Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 00: *334 This instrument was acknowledged before me on /8 day of 2 'avv. 2010 by Danette Baldacci as attorney of Castle Stawiarski, LLC. NOTARY PUI3UC KODEE PE x RSON STATE OF WYOMING COUNTY Ur NATRONA N y Commission Exeims Apr 14, 2014 COSPkg My commission expires: (Signature of notarial officer) Title (and Ran 2/ Certificate of Sale Clinger 10 -16220 Page5of7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING FORECLOSURE SALE NOTICE 2 WHEREAS, default in the payment of principal and interest has oc- curred under the terms of a promissory note (the "Note dated February 6, 2008, executed and delivered by Mitzi B. Clinger "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean Whitaker Mortgage Corp., and areal estate mortgage (the "Mort- gage of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagor(s), to said Mortgagee, and which Mort- gage w recorded on February 12, 2008, at Reception No. 936885 in Book 686 at Page 419 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyo- ming; and WHEREAS, the mortgage was assigned for value as follows: Assignee: Ocwen Loan Servicing, LLC Assignment dated: September 10, 2010 Assignment recorded: November 9, 2010 Assignment recording information: at Reception No. 956597 in Book 756 at Page 891 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 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 $177,861.46 which sum consists of the unpaid principal bal- ance of $165,226.82 plus interest accrued to the date of the first publica- tion of this notice in the amount of $12,634.64, 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 Ocwen Loan Servicing, LLC, 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 January 25, 2011 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 de- scribed as follows, to -wit: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTH- EAST QUARTER OF SECTION 16, TOWNSHIP 35 NORTH, RANGE 119 WEST, LINCOLN COUNTY, WYOMING, BEING PART OF THOSE TRACTS OF RECORD IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY IN. BOOK 298 OF PHOTOSTATIC RECORDS ON PAGE 6, AND IN BOOK 311 OF PHOTOSTATIC RECORDS ON PAGE 535 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, NORTH 84 31'40" WEST, 1621.39 FEET FROM THE.SOUTIIEAST CORNER OF SAID SECTION 16, FOUND AS =DESCRIBED IN THE CORNER RECORD FILED IN SAID OFFICE;, THENCE SOUTH 62 17'14" WEST, 147.58 FEET, ALONG THECENTERLINE OFAN'EXISTING ACCESS ROAD, TO A POINT; THENCE NORTH 27 42'46" WEST, 147.58 FEET, PERPENDICULAR TO SAID CENTERLINE, TO A THENCE NORTH 62 EAST, 147.58 FEET PARALLEL WITH SAID CENTERLINE, TO A POINT; THENCE SOUTH 27 °42'46'' :EAST, 147.58 FEET TO THE POINT OF BEGINNING with an address of 1888 Country Road 114, Freedom, WY 83120. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Ocwen Loan Servicing, LLC By: Patricia Anne Michitsch Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 537c' PUBLISH: Dec. _J;Jan. 6, 13, 20,2011 (10- 16220) 123( EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Michael 3 ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln ;y Wyoming My Commission Expires May 5, 2012 M y Michael J- sen, blisher. IA 11 00 atu re 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 -4 consecutive issues /weeks; the first publication being on the day of �e_11 i"( 01 0 20j and the last publication being on the ZO r day of j LE l� l (111,( 20 1 L; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Publisher Subscribed in my presence and sworn to before me on this aO d .f Notary O0335 Clinger 10 -16220 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY 0O'4$336 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 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 $2,701.20 as compensation for services actually rendered in the foreclosure proceeding. 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 NT YET, UGHT. State of Wyoming County of Natrona �e* �J+ 3k' Sr. c..��:t��.;ii9''+l+��le�i: >v° ea-AZ� NOTARY PUBLIC K DEE PEARSON STATE OF WYOMING COUNTY OF NATRONA ti y Commission Expires Apr 14, 2014 COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee record AOM Publication Cost Conduct Sale Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriffs Sale Fee Sheriffs Deed Fee FTP Update Publication Cost FSN2 Total $2,701.20 My commission expires: 2_6y anette acci Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of 304\ 2010 by Danette Baldacci as attorney of Castle Stawiarski, LLC. (Signature of notar I officer) Title (and Rik) 700.00 692.00 78.00 11.00 414.00 50.00 26.00 11.00 11.00 10.00 10.00 150.00 538.20 Certificate of Sale Clinger 10 -16220 Page 7 of 7