HomeMy WebLinkAbout959645(0110195
STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
M. 54.n.e,e 7';,Irunson 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 29, 2008, executed and delivered by
Peggy Loose to Mortgage Electronic Registration Systems, Inc., as nominee for
Countrywide Bank, FSB and (b) that certain mortgage dated October 29, 2008
(the "Mortgage securing said note, which Mortgage was executed and
delivered by said mortgagor(s), to said mortgagee, and was recorded on October
30, 2008, at Reception No. 943308 in Book 708 at Page 141 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:
BUILDING NO. 25 IN THE CEDAR SPRINGS MEADOWS PHASE
III CONDOMINIUM MAP SECOND FILING AS RECORDED
OCTOBER 31, 2007 AT DOCUMENT NUMBER 923937 AND AS
MAP NUMBER 113 -B, IN THE OFFICE OF THE CLERK, LINCOLN
COUNTY, WYOMING.
with an address of 677 Cedar Springs Drive, Thayne, WY 83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
000016
Assignee: BAC Home Loans Servicing, L.P.
Assignment dated: September 23, 2010
Assignment recorded: September 28, 2010
Assignment recording information: at Reception No. 955738 in Book 754 at Page
544
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
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RECEIVED 6/14/2011 at 10:38 AM
RECEIVING 959645
BOOK: 768 PAGE: 16
JEANNE WAGNER
,.i r.r,i ipii i t'i =DV VFMMFRFR WY
Certificate of Sale
Loose 10 -18054
Page 1 of 7
having general circulation in Lincoln County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the May 19, 2011 issue of said
newspaper and ending with the June 9, 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 June 14, 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
$281,556.70 "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 $2,288.50 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 June 14, 2011, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
1�1
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By:
Print Name: M►rc.ti.
Title: Ze.4t..1- 5\lx
0000i'7
DATED at Kemmerer, Lincoln County, State of Wyoming, this
day of `S'�„ 2011.
Skdn.na rAAvvsov.
Sheriff in and for Lincoln County, State
of Wyoming
Certificate of Sale
Loose 10 -18054
Page2of7
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
enriy
County of
Lincoln
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(0ota ry u he
State of
Wyoming
My Commission Expires°
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ACKNOWLEDGMENT
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by
Deputy Sheriff of Lincoln County, State of Wyoming, this Ly day of
fie, ,2011.
Witness my hand and official seal.
Certificate of Sale
Loose 10 -18054
Page 3 of 7
000018
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 October 29, 2008 (the "Mortgage and
recorded on October 30, 2008, at Reception No. 943308 in Book 708 at Page
141 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 Peggy Loose
"Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration
Systems, Inc., as nominee for Countrywide Bank, FSB is the named mortgagee,
which Mortgage was assigned for value as follows:
Assignee: BAC Home Loans Servicing, L.P.
Assignment dated: September 23, 2010
Assignment recorded: September 28, 2010
Assignment recording information: at Reception No. 955738 in Book 754 at Page
544
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: 71969009843000700025
CERTIFIED MAIL NO. FSN: 71969009843000706423
BAC Horne Loans Servicing, L.P.
400 Countrywide Way, SV 35,
P.O. Box 10232
Simi Valley, CA 93065 -6298*
CERTIFIED MAIL NO. NOI: 71969009843000700018
CERTIFIED MAIL NO. FSN: 71969009843000706430
OCCUPANT
677 Cedar Springs Drive
Thayne, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000700001
CERTIFIED MAIL NO. FSN: 71969009843000706447
Peggy Loose
aka Peggy R. Loose
677 Cedar Springs Drive
Thayne, WY 83127*
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EXHIBIT A
SS
000019
Certificate of Sale
Loose 10 -18054
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CERTIFIED MAIL NO. NOI: 71969009843000699992
CERTIFIED MAIL NO. FSN: 71969009843000706454
Peggy Loose
PO Box 11041
Jackson, WY 83002 -1041*
CERTIFIED MAIL NO. NOI: 71.969009843000699985
CERTIFIED MAIL NO. FSN: 71969009843000706461
Tom Lewis
General Delivery
Thayne, WY 83127*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was May 2, 2011 and the date of the first publication of the notice
of foreclosure sale was May 19, 2011.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
_day of 2011 by Megan Ihle as attorney of Castle
Stawiarski. LLC.
NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
Commission Ex. ices Jar. 19 2015
My commission expires:
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FURTHER AFFIANT SAYETH NAUGHT.
'a J
By: Megan I e
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
k
(Signature of notarial officer)
Title (and Ra k)�
000020
Certificate of Sale
Loose 10 -18054
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
PUBLISHER'S AFFIDAVIT
EXHIBIT B
ROSEMARY CAPELLEN NOT PUBLIC
County of State of
Lincoln ""a Wyoming
My Commission Expires May 5, 2012
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 consecutive issues /weeks;
the first publication being on the 19
day of
and the last publication being on the q
day of
,2 0 I I
Michael Jense
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
20 C I
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated,
(Signed)
Subscribed in my presence and sworn to s
before me on this "I day of
ensen, Pu
Oe<IOVUlAA 4 a
Notary S ature
000021
STATE OF
COUNTY OF
WYOMING
NATRONA
Megan lh le, 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 $2,288.50 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment.
Statutory Notice Fee
record AOM
PUB COST FSN
FPT Update x 2
Conduct Sale Fee
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
Total $2,288.50
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 AYETH NAUGHT.
State of Wyoming
County of Natrona
9 day of cl
Stawiarski, LLC.
NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
Commission Ex .ires Jan 19 2015
My commission expires:
9 1-11-
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EXHIBIT C
AFFIDAVIT OF ATTORNEY 000022
SS
(Signature notarial officer)
Title (and Rank) nki
600.00
915.00
55.90
8.00
441.60
150.00
50.00
26.00
11.00
11.00
10.00
10.00
J 1..,
By: Megan Ihle
Castle Sta rski, 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
Certificate of Sale
Loose 10 -18054
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