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HomeMy WebLinkAbout9594766011019402 CERTIFICATE OF SALE STATE OF WYOMING 000384 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 September 28, 2007, executed and delivered by Joseph A. Miazga to Mortgage Electronic Registration Systems, Inc., as nominee for SecurityNational Mortgage Company and (b) that certain mortgage dated September 28, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 2, 2007, at Reception No. 933672 in Book 674 at Page 241 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 LOT 2 OF LAZY B SUBDIVISION, LINCOLN COUNTY, WYOMING, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED DECEMBER 31, 1991, AS RECEIVING NO. 742138, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING, AS PLAT NO. 340. with an address of 64 Buck Rail Lane, Alpine, WY 83128 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: September 16, 2010 Assignment recorded: September 22, 2010 Assignment recording information: at Reception No. 955645 in Book 754 at Page 155 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 RECEIVED 5/31/2011 at 11:26 AM RECEIVING 959476 BOOK: 767 PAGE: 384 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER. WY Certificate of Sale Miazga 10 -17930 Page 1 of 7 000385 having general circulation in Lincoln County, State of Wyoming, once a week for 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 $376,275.06 "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 $2,953.62 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 31st day of May 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Micah Rigby Title: Deputy Sheriff Certificate of Sale Miazga 10 -17930 Page 2 of 7 STATE OF COUNTY OF COSPkg WYOMING LINCOLN My Commission Expires: 1'?:- ;tit ACKNOWLEDGMENT SS Witness my hand and offi 000386 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. Certificate of Sale Miazga 10 -17930 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000387 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 September 28, 2007 (the "Mortgage and recorded on October 2, 2007, at Reception No. 933672 in Book 674 at Page 241 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. Miazga "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for SecurityNational Mortgage Company is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: September 16, 2010 Assignment recorded: September 22, 2010 Assignment recording information: at Reception No. 955645 in Book 754 at Page 155 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: 71969009843000688842 CERTIFIED MAIL NO. FSN: 71969009843000698704 Joseph A. Miazga 64 Buck Rail Lane Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000688828 CERTIFIED MAIL NO. FSN: 71969009843000698711 BAC Home Loans Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 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. COSPkg CERTIFIED MAIL NO. NOI: 71969009843000688835 CERTIFIED MAIL NO. FSN: 71969009843000698728 Joseph A. Miazga PO Box 9831 Jackson, WY 83002 -9831 CERTIFIED MAIL NO. NOI: 71969009843000688811 CERTIFIED MAIL NO. FSN: 71969009843000698735 Occupant 64 Buck Rail Lane Alpine, WY 83128 Certificate of Sale Miazga 10 -17930 Page 4 of 7 State of Wyoming County of Natrona This instrument was acknowledged before me on 2.t.- _day of Yn 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Corrernlsalon Ex.Ima Jan 19 2015 ti My commission expires: 11 COSPkg FURTHER AFFIANT SAYETH NAUGHT. /z/ B Patricia Anne Difichitsch Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and Ra k) 000388 Certificate of Sale Miazga 10 -17930 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming :e'gs o e was arlsigcied for value asTollowsr` ans;Servicing L E ritiberl6 2010 eptembe x22, iformation at Reception No. 95 5645 =in Book ex� officio Register of Deeds ae 'r curredunder the ter ,28 007 ex ecute s ©t� e N e Secu a ,`Mortgage”) of executed and de +P h gin i" �t ui t e.payinent o princi and interest lass' oc- s of a promissory note (th Note dated September ad de ',ered by Jo seph A Miavga IOrtga oi(s bills Regi t atic n Systems Iirc., a i o inee for ortgagettCoapa and a real' estate ^mortgage° (the same date ,sec g ,the Note, hich; lortgage was Bred b said Mo ga "to said Mortgagee, an or d ��:e rd d pn ctobert2,.2007, at No. l records of the office County e s•in andifor:!Lincoln. County, "State C lerk •and ex `o `of Wyoming; an WHERE Assignee B Assignment date Assignment recur As signmen t `recor ti• 754 at` Page 155 All n,the 'records ofittie County olClerkan in andnfor Lincol County Wyoming WHEREAS the Mortgage eontauis a ewer of sale which by reason of said` d e f au l t the M ortgagee °declar;t ae ieCome operative acid no suit or proceedin has been i a aw tb recover`tl e debt secured by ,the:Mortgage, or,any part •thereof, r i or t has all itch or p o ceding been instituted `and "the same discontinued, WHEREAS 'Written: notice of. intent to foreclose. the Mortgage by nadvertisement and,"sale{has,been served n pen the ^record owner and the part, ypin possession of`the mortgaged premises at least ten (10) days'prior to the' corntne of t and the amount due upon the Mortgage on�the date of lis publication ofths notice of sal being.the total sum of $372,364.00 which suit cofisists of the un paid principal balance of� $�34�8,71 1 9.76 plus in th d ate of the first pub lica`tio o th in the am of 23 6 24 plu attorneys fees, costs' ez13'giidecl ma notice n a cC i i i i resf and late charg a fter t li e date of fi rst ubhcation of notice o p sale, o e xe r s e TtEAS rofi 1�eing t�� "osed�'ttpon`m Object to other liefis' an ens brarice hat al t ext ng led at the salefore e.. Any p rospect a to aser r shn ld es a ch t st tus title b submitting a bid NOW, THEREFORE B 1 gagee wr� et a o' g t a t g d pr °pe to be so tiff M�' 1 logether: au, appurtenances theretox at 10:00 o'clock in the forenoon on thed6incoln,County�Courthouse locate WY, Lin uty, coln• for applcatio secured ,by ,the Mortgage, ,."Saiylnd follow to wit LOT 24OF xi$ SUBDI IS'rt MINE AS iSH®WNl 'N THEEx® DECEMBER31, OFTHE'CLERK, L IN, ®LNCO with an address Of late 4 and "a l fr tunes :and PUBLISH. May 5,' 12;1 Buck of PUBLISHER'S AFFIDAVIT rt- using Deputy ofcash: p oor o ai eier, amo7unts EI as, ED; VING N 7421484N, THE OFFICE WYOMING" A S FLATNO 340. Rail ,a e, Alp e r WY 8312 r t Drive, Ste. 202 0 000 07) 333 53 6;'2011 (10 -17930 2) 0505B EXHIBIT B day of ensen, Publishe otary Signat 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 day of Li1f\ 201—, and the last publication being on the 26 4 Y1CU ,20 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 26 day of A.D., 20 r t 000389 Page6 STATE OF WYOMING COUNTY OF NATRONA 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 $2,953.62 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee record AOM Publication Cost 2010 PUB COST FSN 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 Total $2,953.62 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. r.. By: Patricia Anne ichitsch Castle Stawiarski, LC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona NOTARY PUBLIC NANCY O KEENER N R (BOUNTY OF NATRONA rnmIsalon Ex•Ires Jan 19 201 My commission expires: COSPkg EXHIBIT C 000390 AFFIDAVIT OF ATTORNEY SS This instrument was acknowledged before me on day of Y» 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. (Signatu� notarial officer) Title (and R 'nk 600.00 1,105.00 100.62 8.00 455.40 441.60 50.00 26.00 11.00 11.00 10.00 10,00 125.00 Certificate of Sale Miazga 10 -17930 Page 7 of 7