HomeMy WebLinkAbout9593966011019280
STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
000056
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 February 26, 2007, executed and delivered by
Martha Zoe Hughes to The Bank of Star Valley and (b) that certain mortgage
dated February 26, 2007 (the "Mortgage securing said note, which Mortgage
was executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on March 5, 2007, at Reception No. 927353 in Book 650 at Page 244
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 SEVENTEEN (17) OF STAR VALLEY RANCH PLAT 10,
RECORDED MARCH 16, 1976 AT DOCUMENT NUMBER 476273,
MAP NUMBER 199, IN THE OFFICE OF THE CLERK, LINCOLN
COUNTY, WYOMING.
with an address of 256 Walnut Drive, Star Valley Ranch, WY
83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Academy Mortgage Corporation
Assignment dated: March 9, 2007
Assignment recorded: March 13, 2007
Assignment recording information: at Reception No. 927560 in Book 651 at Page
158
Assignee: Mortgage Electronic Registration Systems, Inc.
Assignment dated: April 23, 2008
Assignment recorded: April 28, 2008
Assignment recording information: at Reception No. 938524 in Book 693 at Page
6
Assignee: BAC Home Loans Servicing, L.P.
Assignment dated: September 10, 2010
Assignment recorded: September 15, 2010
Assignment recording information: at Reception No. 955518 in Book 753 at Page
664
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.
RECEIVED 5/24/2011 at 11:27 AM
RECEIVING 959396
BOOK: 767 PAGE: 56
JEANNE WAC_
Certificate of Sale
Hughes 10 -14618
Page 1 of 7
000057
4. That the power of sale contained in the Mortgage having
been made operative by reason of such default, BAC Home Loans Servicing,
L.P. "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 28, 2011 issue of said
newspaper and ending with the May 19, 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 24, 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
$174,732.97 "Bid Sum which was bid and offered by BAC Home Loans
Servicing, L.P. "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 $2,683.36 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 24, 2011, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
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Certificate of Sale
Hughes 10 -14618
Page 2 of 7
DATED at Kemmerer, Lincoln County, State of Wyoming, this 24th day of
May 2011.
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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ACKNOWLEDGMENT
SS
Witness my hand and official seal.
SAVANNA L. KRALL NOTARY PUBLIC
STATE OF
COUNTY OF 'r i WYOMING
,;il-
My Commission Expires
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print N- 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 24th day of
May 2011.
K-17,
Notary Public
Certificate of Sale
Hughes 10 -14618
Page 3 of 7
00
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
000059
Megan lhle 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 26, 2007 (the "Mortgage and
recorded on March 5, 2007, at Reception No. 927353 in Book 650 at Page 244
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 Martha Zoe Hughes
"Mortgagor(s) the named mortgagor(s), and The Bank of Star Valley is the
named mortgagee, which Mortgage was assigned for value as follows:
Assignee: Academy Mortgage Corporation
Assignment dated: March 9, 2007
Assignment recorded: March 13, 2007
Assignment recording information: at Reception No. 927560 in Book 651 at Page
158
Assignee: Mortgage Electronic Registration Systems, Inc.
Assignment dated: April 23, 2008
Assignment recorded: April 28, 2008
Assignment recording information: at Reception No. 938524 in Book 693 at Page
6
Assignee: BAC Home Loans Servicing, L.P.
Assignment dated: September 10, 2010
Assignment recorded: September 15, 2010
Assignment recording information: at Reception No. 955518 in Book 753 at Page
664
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:
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Certificate of Sale
Hughes 10 -14618
Page 4 of 7
CERTIFIED MAIL NO. N01: 71969009843000685803
CERTIFIED MAIL NO. FSN: 71969009843000693853
Martha Zoe Hughes
256 Walnut Drive
Star Valley Ranch, WY 83127
CERTIFIED MAIL NO. NOI: 71969009843000685780
CERTIFIED MAIL NO. FSN: 71969009843000693860
Martha Zoe Hughes
PO Box 1415
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71969009843000685773
CERTIFIED MAIL NO. FSN: 71969009843000693877
Occupant
256 Walnut Drive
Star Valley Ranch, WY 83127
CERTIFIED MAIL NO. NOI: 71969009843000685766
CERTIFIED MAIL NO. FSN: 71969009843000693884
USAA Federal Savings Bank
10750 McDermott Freeway
San Antonio, TX 78288 -0558
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was April 14, 2011 and the date of the first publication of the notice
of foreclosure sale was April 28, 2011.
State of Wyoming
County of Natrona
/9 day of
Stawiarski, LLC.
My commission expires:
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FURTHER AFFIANT SAYETH NAUGHT.
By: Megan (Ihle
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
2011 by Megan !hie as attorney of Castle
Title (and Rank)
CERTIFIED MAIL NO. N01: 71969009843000685797
CERTIFIED MAIL NO. FSN: 71969009843000693891
Martha Zoe Hughes
13570 W Annabrook Dr
Boise, ID 83713 -1378
CERTIFIED MAIL NO. NOI: 71969009843000685810
CERTIFIED MAIL NO. FSN: 71969009843000693907
BAC Home Loans Servicing, L.P.
400 Countrywide Way, SV 35,
P.O. Box 10232
Simi Valley, CA 93065 -6298
CERTIFIED MAIL NO. NOI: 70102780000105768071
CERTIFIED MAIL NO. FSN: 71969009843000693914
Mortgage Electronic Registration Systems, Inc.
1901 E. Voorhees Street, Suite C
Danville, IL 61834
I
Lid/frit.) FO:pr li,AL
(Sign tur
2r of not6
DIAHANN FRANKLIN
COUNTY OF WYOMING RNA
Commission 16 2014
000060
Certificate of Sale
Hughes 10 -14618
Page 5 of 7
RE S LE NOTICE
L aymen of principal and interest has oc-
nndei the.kterms o a r?missory ote`(the' "Note dated February
0(17, exe an de vend b a oe, uglies ("Mortgagor(s)")
to The Bank of Star Valley, and asrealestate mortgage (the "Mortgage
of the same dat s ecu� gtbe t No te which lY ortgage,.was executed and
delivered bye sal ortgagoi"(s) to said Mortgagee; and which Mortgage
was recorded o M h 5, 20(17 at 6 4 Itou N o 927353 in Book 650''
at Fag e 24 in reco tis o f ev ofptc�e t County Clerk acid ex officio
Register `o ff T ee s i S and or Lir coin County State of W yoming and
value as`follows:
exit 0:
exy o
eing
in
ct °,k
Assignee:
s signme
ssig fll
at Page¢
Assignee ort e Elecl
'Assignment dat o' April 23,
Assignment recorder: Apiril'.
Assignment recording 1nforr
693 at Page 6, a
Assignee: iBAC
Assignment dated ,S
�.Assigiment rec
Assignmentrecor,
753 at °gage �s a„.
etecor
,arid for Lincoln
WHEREAS. t
of said def tilt,
suit or;proee
by the Mortga
been institute
WHEREAS, Writ
advertisement and
p ,arty in possession
to y the `commenc
Mortgage, on e!
total ;sum of
balance of $l 5
lication ofr
costs expen�
first publication`o
WHEREAS 'l
other liens and end
Any prospective `pi
submitting a bid;;;,,
NO'
gagee,, wilt ha
me nortgaged;p.
S`Zleriff i an T
at` 1`0:00 oA cl
tl
Lincoln,
secured by the
follows, to, wits:
LOT SE`s
RECORDED'
MAP NUM;
COUNTY
wit an a
i
o'gether
appurtenances'the
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
PUBLISHER'S AFFIDAVIT
lion No. 927560�'in Book
�n'NO 938524 in Book
ecep No 955518 in Book
ister "`of Deeds
airs a power ^of sate which by reason
ares to have become operative and no
tied at lad to'rrecover the debt s ecured
assany such suit orproceeding M
eclose the ortgage by
the record owner and "the
es at least ten (10) days prior
d the amount cluup
e on the
sal
s no fce,of e being the
o ;lie unpaid,pnncipal
ate "Of the, first pub-
us attorn eys fees,
es after the date of
ein F fore lo may i .be subject to
nor ;fie extinguished at the sale.
the""status'of rtitlebefore
as tti Mort
by c ausing
or�D
er for cash;
nt door of
einme *er,
cribed amounts
escribed as
EN` (17)' OF STAR VALLEY, RANCH PLAT 10,
CH L:6; 1976 AT.DOCUMENT NUMBER 476273,
J THE OFFICE OF THE CLERK, LINCOLN
56 Walnut' Drive, Star Valley Ranch, WY 83127.
i
provements, thereon situate and all fixtures and
reto.
Home Loans'Servicing, "LP.
By: Castle Stawiarski, LLC
330,,S.,Walsh Drive, Ste. 202
Casper, W(82609 0000
(307) 333 5.379
1 "fi g 2) 0428A
EXHIBIT B
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 20 11
and the last publication being on the 19
day of LAt l t 201E
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
Michael n, 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 11 day of
hael Jensen, Pubis
Notary Sig
A.D., 20 i%
uertiticate of Saie
Hughes 10 -14618
Page 6 of 7
000061
STATE OF WYOMING
COUNTY OF NATRONA
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
record AOM
Publication Cost 2010
Conduct Sale
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriffs Deed
Sheriffs Sale Fee
Sheriffs Deed Fee
FTP Update x 2
PUB COST FSN
State of Wyoming
County of Natrona
/9 day of
Stawiarski, LLC.
EXHIBIT C
AFFIDAVIT OF ATTORNEY
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 $2,683.36 as compensation for services
actually rendered in the foreclosure proceeding.
Total $2,683.36
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 SFYETH NAUGHT.
Title (and 'Rank)
My commission expires: J`
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6,,u(
-Ay: Mega !hie
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
2011 by Megan Ihle as attorney of Castle
DIAHANN FRANKLIN
STATE OF WYOMING
COUNTY OF NATRONA
15 2014
600.00
667.00
132.96
8.00
510.60
50.00
26.00
11.00
11.00
10.00
10.00
150.00
496.80
Certificate of Sale
Hughes 10 -14618
Page 7of7
0000C2