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HomeMy WebLinkAbout959470601 09184/z CERTIFICATE OF SALE STATE OF WYOMING Q00342 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 November 7, 2006, executed and delivered by Joseph A. Solan to Mortgage Electronic Registration Systems, Inc., as nominee for First National Bank West and (b) that certain mortgage dated November 7, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 9, 2006, at Reception No. 924266 in Book 639 at Page 723 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 SOUTHBROOK RANCHES SUBDIVISION, LINCOLN COUNTY, WYOMING ACCORDING TO THAT PLAT FILED SEPTEMBER 5, 1990 AS PLAT NOS. 335 -1 AND 335 -2 IN THE OFFICE OF THE LINCOLN COUNTY CLERK with an address of 177 Lupine Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: November 12, 2009 Assignment recorded: November 19, 2009 Assignment recording information: at Reception No. 950654 in Book 736 at Page 383 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, 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 COSPkg Certificate of Sale RECEIVED 5/31/2011 at 10:57 AM Solan 09- 24549R Page 1 of 7 RECEIVING 959470 BOOK: 767 PAGE: 342 JEANNE WAGNER i tNrni ni rni INTV C'.I FRK KFMMERER_ WY 000343 four (4) consecutive weeks, commencing with the May 5, 2011 issue of said newspaper and ending with the May 26, 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 31, 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 $162,000.00 "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 $5,282.39 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 31, 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 31 stday of May 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: I/M/' itli4 Print Name: Micah Rigby Title: Deputy Sheriff Certificate of Sale Solan 09- 24549R Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Micah Rigby Deputy Sheriff of Lincoln County, State of Wyoming, this 31st day of May 2011. COSPkg My Commission,. Expires: Witness my hand and offie ACKNOWLEDGMENT SS t I `h (ocA AAJ C t k. eal. 000344 Certificate of Sale Solan 09- 24549R Page3of7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 00034S 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 November 7, 2006 (the "Mortgage and recorded on November 9, 2006, at Reception No. 924266 in Book 639 at Page 723 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 Joseph A. Solan "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First National Bank West is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: November 12, 2009 Assignment recorded: November 19, 2009 Assignment recording information: at Reception No. 950654 in Book 736 at Page 383 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: 71969009843000688958 CERTIFIED MAIL NO. FSN: 71969009843000698407 BAC Home Loans Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000688941 CERTIFIED MAIL NO. FSN: 71969009843000698414 OCCUPANT 177 Lupine Drive Thayne, WY 83127" CERTIFIED MAIL NO. NOI: 71969009843000688934 CERTIFIED MAIL NO. FSN: 71969009843000698421 Joseph A. Solan 177 Lupine Drive Thayne, WY 83127 COSPkg Certificate of Sale Solan 09- 24549R Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000688927 CERTIFIED MAIL NO. FSN: 71969009843000698445 Joseph A. Solan 2348 Snow Creek Road Clay City, ICY 40312 CERTIFIED MAIL NO. NOI: 71969009843000688910 CERTIFIED MAIL NO. FSN: 71969009843000698452 Southbrook Ranches Homeowner's Association Attn: Andrea Hart P.O. Box 811 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000688880 CERTIFIED MAIL NO. FSN: 71969009843000698995 Joseph A. Solan PO Box 571 Belgrade, MT 59714 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 18, 2011 and the date of the first publication of the notice of foreclosure sale was May 5, 2011. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex roes Jan 19 2015 My commission expires: 3 f 5 COSPkg 13�tf atricia A e Michitsci•( Castle Stawia ski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 oaf This instrument was acknowledged before me on 2( day of 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. (Signature of notarial officer) Title (and Rank 000346 Certificate of Sale Solan 09- 24549R Page 5 of 7 curre ofsai sttit'kii toto bal l cE gage the Sh eriff at thy, Wt, sec fo114 a KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming lye nd int has `oc= dateNovember oL S "1o mrhee4 or First Ta or�tb'e' e1 $ter of ook +1?9 26,' 011 (09-2 PUBLISHER'S AFFIDAVIT easOn foyis fed e subject to e�rale. le before �NZ causing 7 eputy �r. casl oor-tof erer, *o';t`s i be[ a's- OLN t<ue5 411,0 al Drive Ste „2.02 er WY $2609 -0000 (307)'333 5379 0505F EXHIBIT B 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 day of L °`t, 20 t and the last publication being on the 2.12 day of UW1 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michaellsen, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of sua'.�? State of Lincoln ,;wr..° Wyoming My Commission Exoires May 5, 2012 Subscribed in my presence and sworn to before me on this 2.i day of A.D., 20 I I by el Jensen, Publis i Notary Sign re 000347 rage b of STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Statutory Notice Fee FTP Update x 3 Publication Cost 2010 Publication Cost NOPP 2010 Publication Cost NOPP2 2010 PUB COST FSN Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriff's Deed Sheriffs Fee Sale Sheriffs Fee Deed Previous Invoice State of Wyoming County of Natrona NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex hem Jan 18 2015 My commission expires: COSPkg i c7 EXHIBIT C AFFIDAVIT OF ATTORNEY SS 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 $5,282.39 as compensation for services actually rendered in the foreclosure proceeding. Total $5,282.39 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 AFFIA SAY -NTH NAUGHT. ,.By: atricia A e Michits Castle Stawi rski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on a L. day of Th 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. k (Signature of notarial officer) Title (and nlf) 700.00 201.24 350.00 441.60 372.60 465.75 427.80 50.00 26.00 11.00 11.00 10.00 10.00 2,205.40 000348 Certificate of Sale Solan 09- 24549R Page 7 of 7