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HomeMy WebLinkAbout9590736010918541 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 3, 2008, executed and delivered by Richard A. Nelson and Deborah J. Nelson to. Mortgage Electronic Registration Systems, Inc., as nominee for Plaza Home Mortgage, Inc. and (b) that certain mortgage dated October 3, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 26, 2008, at Reception No. 944326 in Book 711 at Page 672 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: LOT 21 OF BLOCK 3 OF THE LINCOLN HEIGHTS FIFTH ADDITION, 3RD FILING, TO THE CITY OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF with an address of 1921 Berry Drive, Kemmerer, WY 83101 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 637 000883 Assignee: Chase Home Finance LLC Assignment dated: November 25, 2009 Assignment recorded: December 7, 2009 Assignment recording information: at Reception No. 950923 in Book 737 at Page 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, Chase Home Finance 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 COSPkg RECEIVED 4/26/2011 at 11:38 AM RECEIVING 959073 BOOK: 765 PAGE: 883 JEANNE WA 1 inirni ni rni INN (`I FRK KEMMERER. WY Certificate of Sale Nelson 09- 26517R Page 1 of 7 COSPkg By: Print N me: Title: Deputy Sheriff 000884 four (4) consecutive weeks, commencing with the March 31, 2011 issue of said newspaper and ending with the April 21, 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 April 26, 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 $229,483.62 "Bid Sum which was bid and offered by Chase Home Finance 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 $4,312.00 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 April 26, 2011, 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 25th day of April 2011. M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Certificate of Sale Nelson 09- 26517R Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SAVANNA L. HANES NOTARY PUBLIC COUNTY OF ill) STATE OF LINC i.,i WY' My Co mmission Expires ACKNOWLEDGMENT SS The foregoing instrument was subscribed in mx r s nce and acknowledged before me by ��1tp, e L 1h Deputy Sheriff of Lincoln County, State of Wyoming, this 26th day of April 2011. Witness my hand and official seal. Notary Public 000885 Certificate of Sale Nelson 09- 26517R Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000886 Megan !hie 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 3, 2008 (the "Mortgage and recorded on December 26, 2008, at Reception No. 944326 in Book 711 at Page 672 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 Richard A. Nelson and Deborah J. Nelson "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Plaza Home Mortgage, Inc. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Chase Home Finance LLC Assignment dated: November 25, 2009 Assignment recorded: December 7, 2009 Assignment recording information: at Reception No. 950923 in Book 737 at Page 637 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: 71969009843000581549 CERTIFIED MAIL NO. FSN: 71969009843000584496 CERTIFIED MAIL NO. FSN2: 71969009843000671738 Richard A. Nelson 1921 Berry Drive Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 71969009843000581556 CERTIFIED MAIL NO. FSN: 71969009843000584519 CERTIFIED MAIL NO. FSN2: 71969009843000671752 Deborah J. Nelson 1921 Berry Drive Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 71969009843000581563 CERTIFIED MAIL NO. NOI: 71969009843000581570 CERTIFIED MAIL NO. FSN: 71969009843000584502 CERTIFIED MAIL NO. FSN: 71969009843000584526 CERTIFIED MAIL NO. FSN2: 71969009843000671745 CERTIFIED MAIL NO. FSN2: 71969009843000671769 Chase Home Finance LLC Occupant 3415 Vision Drive 1921 Berry Drive Columbus, OH 43219 Kemmerer, WY 83101 3. That the date of mailing of the notice of intent to foreclose the Mortgage was November 9, 2010 and the date of the first publication of the notice of foreclosure sale was March 31, 2011. COSPkg Certificate of Sale Nelson 09- 26517R Page 4 of 7 State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on day of Q .4 2011 by Megan !hie as attorney of Castle Stawiarski, LLC. My commission expires: /S f COSPkg c DIAHANN FRANKLIN STATE 0. °MIN cduNTY Ur NATI OlI Os Ma 1 Cbin_ By: Me an Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of no4,rial officer) Title (and ank) 000887 poc NKt iN 15,2 Gutn {wa�+wr� Er• nea Ma .C. Certificate of Sale Nelson 09- 26517R Page 5 of 7 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 terrns of a promissory note (the "Note dated October 3, 2008, executed and delivered by Richard A. Nelson and Deborah J. Nelson ("Mortgagor(s)") to Mortgage Electronic Registration Systems, Inc., as nominee for Plaza Home Mortgage, Inc., and a real estate mortgage (the "Mortgage of the same date securing the Note, which Mortgage was executederand delivered by said Mortgagor(s), to said, Mortgagee, and which Mortgage was recorded on December 26, 2008, at Reception No. 944326 in Book 711 at Page 672 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:, Chase Home Finance LLC Assignment dated: November 25, 2009 Assignment recorded: December 7, 2009 Assignment recording information: at Reception No. 950923. in Book 737 Page 637 All in the records of the County Clerk and ex- officio Register of Deeds in andrfor Lincoln County, Wyoming. WHEREAS, the Mortgage contains a power of sale which°by reason of said default, the Mortgagee declaresstohavebecome 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 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 $220,481.70 which -sum consists of the unpaid principal balance ,,of.$19,5,489,26 plus interest accrued to the date of the first pub- lication of this notice in the amount of $24,555.36, 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 submitting a bid; NOW, THEREFORE Chase Home. Finance LLC, as the Mortgagee,. will have the Mortgage foreclosed as by law provided by causing the mortgaged property to he 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 April 26, 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 described as follows, to -wit: LOT 21 OF BLOCK 3 OF THE LINCOLN HEIGHTS 11. 1'H AD- DITION 3RD PILING, TO THE CITY OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF with an address of 1921 Berry: Drive, Kemmerer, WY 83101. Together with all improvements thereon situate and all fixtures and appurtenances, thereto. Chase Home Finance LLC By: Patricia Anne IVMichitsch Castle Stawiarski, LLC 330 Si Walsh Drive,,,Ste'. 202 Casper, WY 82609- 00 .00. 307) 333 5379 PUBLISH: March 31, April 7, 14, 21, 2011 (09-26517[ 0331. EXHIBIT B PUBLISHER'S AFFIDAVIT 000888 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 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 5 I day of `°►v\ ,20 t1 and the last publication being on the 2,1 day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) 20!d___; Subscribed in my presence and sworn to before me on this i-0 day of by Michael Jensen, Pu sh =r. Michael Je Publisher ROSEMARY CAPELLEN NOTARY PUBUG County of y State of Lincoln ;k Wyoming My Commission Expires May 5, 2012 Notary ia nature A.D., 20__1l__, Nelson 09- 26517R Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Statutory Notice Fee Publication Cost PUB COST FSN2 Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriff's Deed Sheriff's Fee Sale Sheriffs Fee Deed FTP Update Prior Invoice State of Wyoming County of Natrona My commission expires: S -/Sif COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY 000889 SS Megan 'hie, 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 $4,312.00 as compensation for services actually rendered in the foreclosure proceeding. Total $4,312.00 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 AFFIANT S ETH NAUGHT. y: Megan dhle 650.00 78.00 220.80 441.60 50.00 26.00 11.00 11.00 10.00 10.00 25.00 2,778.60 Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on a/ day of 4 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. .•1.J tilit4. (Signature of notarial officer) /11 61 Title (and B ank) DDIAHANN FRANKLIN COU OF NATRONA A 1 Certificate of Sale Nelson 09- 26517R Page 7 of 7