Loading...
HomeMy WebLinkAbout9591476010918692 CERTIFICATE OF SALE STATE OF WYOMING 000197 SS 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 December 26, 2006, executed and delivered by Ray Reed and Audrey Reed to Chase Bank USA, N.A. and (b) that certain mortgage dated December 26, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 1, 2007, at Reception No. 0926474 in Book 647 at Page 771 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 THE SOUTHERLY 1/2 OF LOT 1 OF BLOCK 40 TO THE FIRST ADDITION TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1 AND RUNNING THENCE NORTHERLY, ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 1, A DISTANCE OF 70 FEET; THENCE WESTERLY AT RIGHT ANGLES, A DISTANCE OF 50 FEET TO THE WESTERLY BOUNDARY LINE OF SAID LOT 1; THENCE SOUTHERLY, ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 1, A DISTANCE OF 70 FEET; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 1, A DISTANCE OF 50 FEET TO THE POINT OF BEGINNING with an address of 713 Beech Avenue, Kemmerer, WY 83101 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Deutsche Bank National Trust Company, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2007 -CH3, Asset Backed Pass Through Certificates, Series 2007 -CH3 Assignment dated: January 19, 2010 Assignment recorded: January 26, 2010 Assignment recording information: at Reception No. 951842 in Book 741 at Page 102 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. Certificate of Sale Reed 09- 30690R RECEIVED 5/3/2011 at 11:03 AM Page 1 of 7 RECEIVING 959147 BOOK: 766 PAGE: 197 JEANNE W 000198 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, Deutsche Bank National Trust Company, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2007 -CH3, Asset Backed Pass Through Certificates, Series 2007 -CH3 "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 April 7, 2011 issue of said newspaper and ending with the April 28, 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 May 3, 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 $95,522.02 "Bid Sum which was bid and offered by Deutsche Bank National Trust Company, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2007 -CH3, Asset Backed Pass Through Certificates, Series 2007 -CH3 "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 $3,251.20 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 May 3, 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 Reed 09- 30690R Page 2 of 7 DATED at Kemmerer, Lincoln County, State of Wyoming, this 3rd day of May 2011. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SS Witness my hand and official seal. M. Shane Johnson ACKNOWLEDGMENT Sheriff in and for Lincoln County, State of Wyoming By: 41, Print Name: Michael Rigby Title: Deputy Sheriff Jenny (lance Notary Public County of Lincoln My Commission Expires Y 000199 The foregoing instrument was subscribed in my presence and acknowledged before me by R%Michael Rigby Deputy Sheriff of Lincoln County, State of Wyoming, this 3rd day of May 2011. Certificate of Sale Reed 09- 30690R Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE Megan Ihle 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 December 26, 2006 (the "Mortgage and recorded on February 1, 2007, at Reception No. 0926474 in Book 647 at Page 771 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 Ray Reed and Audrey Reed "Mortgagor(s) the named mortgagor(s), and Chase Bank USA, N.A. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Deutsche Bank National Trust Company, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2007 -CH3, Asset Backed Pass Through Certificates, Series 2007 -CH3 Assignment dated: January 19, 2010 Assignment recorded: January 26, 2010 Assignment recording information: at Reception No. 951842 in Book 741 at Page 102 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: 71969009843000669841 CERTIFIED MAIL NO. FSN: 71969009843000675491 Ray Reed 713 Beech Avenue Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 71969009843000669834 CERTIFIED MAIL NO. FSN: 71969009843000675507 Audrey Reed 713 Beech Avenue Kemmerer, WY 83101 COSPkg EXHIBIT A 000200 SS CERTIFIED MAIL NO. N01: 70101870000102236592 CERTIFIED MAIL NO. FSN:70101870000102236851 Deutsche Bank National Trust Company, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2007 -CH3, Asset Backed Pass Through Certificates, Series 2007 -CH3 10790 Rancho Bernardo Road San Diego, CA 92127 CERTIFIED MAIL NO. NOI: 71969009843000669858 CERTIFIED MAIL NO. FSN: 71969009843000675521 Financial Dimensions, Inc. CP Holder 1400 Lebanon Church Road Pittsburgh, PA 15236 Certificate of Sale Reed 09- 30690R Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000669827 CERTIFIED MAIL NO. NOI: 71969009843000669810 CERTIFIED MAIL NO. FSN: 71969009843000675514 CERTIFIED MAIL NO. FSN: 71969009843000675538 Lauren Westling CP Holder Occupant 1245 Apache Avenue 713 Beech Avenue Green River, WY 82935 Kemmerer, WY 83101 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 22, 2011 and the date of the first publication of the notice of foreclosure sale was April 7, 2011. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 9 day of ra,6,Q 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. OTA t BLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Ex ires Jan 19, 2015 My commission expi es: 19, ois COSPkg By: Mega i Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature %f notarial i e Title (and Rank I 000201. Certificate of Sale Reed 09- 30690R Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming PUBLISHER'S AFFIDAVIT ocC you �Govu cember "Mortgagor(s)" 26,2010 pon at Reception No. 951842 in Book Clerk and ex- officio Register of D>eds pally, as Trustee fo] 3, Asset Backed. Certificates, By: Castle 330 S. Walsh Casper ALE`NOTICE ent of principal and interest has spry note (the "`Note dated De d by Ray Reed and Audrey Reed v.A., and areal estate mortgage oaring the Note, which Mortgage ortgagor(s), to said Mortgagee, e" was r d o�ebruary 1, "2007, at Reception No. 0926474 in Bob 7 a�a 771 n the records of the office of the Countye „apC�A seer �eeds in and for Lincoln County, lied for value as follows: ,Trust Company, as. Trustee for St 2007 -CH3; Asset Backed Pass M ain s a power of sale which by reason l areS "tb have become operative, and no to i 4 t t to recover the debt secured has any such suit Or proceeding z ed; and intent foreclose the Mortgage by ser upon the record owner and the d pr at least ten (10) days prior ion an the amount due upon the jo of this n tice of sale be the )n of the unpaid princ bal- t othe date f the first publi .82 plus torn ys' f costs ate c arges'aftereth d ate of firs t e closed up may be sub to not be extion nguished s at th „s'ale search the status of'}titl before k' National Trust Company, as isition Trust 20 „,07 -CH3, Asset ie s2007 -CH3 a s the law p rovid ed.byf causinggxt e i the ubl c.venue by the Sheriff or Deputy th highest dder ;for,, one May 3, to 41,;' e at the front door of ,ate at 925 Sa ge A venue;' e Ke a merer .ion aan the ab described bi amounts rtag o ed tng pr operty be ing ,described as 1 OF BLOCK 40 TO THE FIRST MMERER, LINCOLN COUNTY, L ARLY DESCRIBED AS FOL- CORNER „OF4SAID LOT 1 Y, ALONG THE EASTERLY A DISTANCE OF 70 FEET; c ES, A DISTANCEaOF' 5OXEET /NE OF SAID LOT'1;- THENCE Y BOUNDARY LINE OF SAID C E EASTERLY ALONG THE 'A'DISTANCE, OF e, Kemmerer WY 83101,”. eon situate and all fixtures and 9 -0000 3 5379 (4071 EXHIBIT B 11 day of a )hi e. Jensen, Publis 000 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 1” and the last publication being on the 22 day of a 0 20 l 6 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael en, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this day of A.D., 20 ll Lertincate of bale Reed 09- 30690R Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS 000203 Megan Ihie, 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 $3,251.20 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Statutory Notice Fee FTP Update PUB COST FSN Conduct Sale Fee Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Previous Invoice State of Wyoming County of Natrona NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Ex ires Jan 19, 2015 My commission expires: COSPkg 9 .2 d /s" By: Meg: n 'hie Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and Ran 600.00 78.00 275.00 538.20 50.00 26.00 11.00 10.00 10.00 1,653.00 Total $3,251.20 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 A YETH NAUGHT. L.AI This instrument was acknowledged before me on day of 2011 by Megan Ihie as attorney of Castle Stawiarski, LLC. (Si! ature of otar':I ier Certificate of Sale Reed 09- 30690R Page 7 of 7