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HomeMy WebLinkAbout9597496011119894 STATE: OF WYOMING COUNTY OF LINCOLN AOO2O 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 March 8, 2004, executed and delivered by Kurt C. Miller and Denise Miller to Mortgage Electronic Registration Systems, Inc., as nominee for Major Mortgage its successors and assigns and (b) that certain mortgage dated March 8, 2004 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 12, 2004, at Reception No. 897777 in Book 549 at Page 799 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 CERTIFICATE OF SALE SS LOT 12 OF HIALEAH SUBDIVISION. LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 372 Hialeah, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: RECEIVED 6/21/2011 at 10:09 AM RECEIVING 959749 BOOK: 768 PAGE: 280 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, W Assignee: BAC Home Loan Servicing, L.P. fka Countrywide Home Loan Servicing, L.P. Assignment dated: April 12, 2011 Assignment recorded: April 26, 2011 Assignment recording information: at Reception No. 959077 in Book 765 at Page 918 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 Loan Servicing, L.P. fka Countrywide Home Loan Servicing, L.P. "Mortgagee elected to foreclose the sarne 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 Certificate of Sale Miller 11 -05036 Page 1 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 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 March 8, 2004 (the "Mortgage and recorded on March 12, 2004, at Reception No. 897777 in Book 549 at Page 799 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 Kurt C. Miller and Denise Miller "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Major Mortgage its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loan Servicing, L.P. fka Countrywide Home Loan Servicing, L.P. Assignment dated: April 12, 2011 Assignment recorded: April 26, 2011 Assignment recording information: at Reception No. 959077 in Book 765 at Page 918 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: 70101870000102239005 CERTIFIED MAIL NO. FSN: 70101060000021403304 BAC Home Loan Servicing, L.P. fka Countrywide Home Loan Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000704221 CERTIFIED MAIL NO. FSN: 71969009843000710185 OCCUPANT 372 Hialeah Afton, WY 83110* COSPkg Certificate of Sale Miller 11 -05036 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000704214 CERTIFIED MAIL NO. FSN: 71969009843000710192 Kurt C. Miller 372 Hialeah Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000704207 CERTIFIED MAIL NO. FSN: 71969009843000710208 Kurt C. Miller PO Box 474 Afton, WY 83110 -0474* CERTIFIED MAIL NO. NOI: 71969009843000704191 CERTIFIED MAIL NO. FSN: 71969009843000710215 Denise Miller 372 Hialeah Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000704184 CERTIFIED MAIL NO. FSN: 71969009843000710222 Denise Miller PO Box 474 Afton, WY 83110 -0474* CERTIFIED MAIL NO. NOI: CERTIFIED MAIL NO. FSN: Mortgage Electronic Registr 1901 E. Voorhees Street, Suite Danville, IL 61834* CERTIFIED MAIL NO. NOI: CERTIFIED MAIL NO. FSN: Countrywide Home Loans, Inc. 4500 Park Granada Calabasas, CA 91302 -1613* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 9, 2011 and the date of the first publication of the notice of foreclosure sale was May 26, 2011. State of Wyoming County of Natrona 70101870000102238831 71969009843000710239 ation Systems, Inc. C 71969009843000704177 71969009843000710246 FURTHER AFFIANT SAYETH NAUGHT. By: Mega€i Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on to day of 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA issian Ex. Ires Jan 19 2015 My commission expires: -�s COSPkg 111, �7 (Signature notarial officer) Title (and Rark) 000282 Certificate of Sale Miller 11 -05036 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming trin curred under the terms o;,, 8, 2004 executed and die` `Mortgagol()' )t as nominee +f of estate', mortgage; P Il3LTTSHI`, al NOTICE yci al as oc note. (the Note") dated March t c. Miller fie ,"Registration Systems, Inc., Asu cessgis:and assigns, and -.real Dftt?e sawe ,date securing the Note d,y�de ueredkby said Mortgagorr(s) „to e was recorded on March 12 2004 549atPage 7 9 in, the trecords uof,the -officio Register of „Reeds in "and, for for value as,follows::, fka Countrywide Assignment dated April 12, 20111. Assignment recorded} April 26, 201 1 Assignment recording information: a11t eCept on,No. 959077 in Book 765 at Page l8 All in, the °records o£the County Clerk and ex- officio Register ofsDeeds in and for LiiicolnrCounGy'VYyairuxi$� a° WIi1JREAS,tl�esMoi tgage coptams {a power of sale which by reason of me operative, and no �Uit or,pocee`dmg irasnbeenairstitutedratlaw`to recover the debt secured L the Milt gage,or ",part tliereof;.nor has any such suit or proceeding been mstitufddla>d:tlie same discbntiiiuedsand A I r�f on(eutoFbreclose the Mbgag by advertisemettiti3jan <saXe has`ben served hpon,the record owner and the party in posse�idt ottte irlorted �ctiue ten (10) days prior to the comet ®nce eiitrOf dis ubl�oa bi Y $TiQ the amo nt due upon the Mortgage bn tlieidate of�fi stiiidabn of flris notice of s "ate "tieing the tot7R "sum of x$'178 X1'05 '64 hiahiCSoon 4 S�YSC oftlie�unpaid pincip'al bad anceof $�16,94r9� dlisinterest accrudtb tl►e °`date of`the�first.pblica- xioin of1thi's iotiee ih the arr�ourit of 1, 1 10i6� plrisRattotY eystrfees,'costs expended "cailtlr acaru7tg<iritersl�adr lateacticges"'after'the "date of first WHEREAS, The" propertbeingftrec1osed upon may be subject :to other liens+ +and encumbrances ill hot be extinguished at the sale. Any prospective purchaser should research the status of title before submitting a P F m NOW, o FORE BAC Home Loan Servicing L.P. fka} Country wide Home LanServicing, L.P., as the "Mortgagee, will have the Mortgage foreclosed as by law provided by causing' the mortgaged property to be sold' at public v riueeby the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bk1defor )cash at 10:00 o'clock in the forenoon` 011 Jutie 2' 2011: at the fr int i sor of°tt e Lincoln County Court- house located at 925' Sage Avenue, Kemmerer, WY Lincoln County; for pplicat On ofl the above-described amounts secured by -the 'Mortgage, said rriortgaged pro s erty being described as follows, to fit LOT 1 O p ALEAH SF" ISIO AL CO THEREOF. irn rnprovebpts h reon situate and aall Ffixtures -and oanE'SBivicikg, L.P. tlda Countrywide Houle Loan Servicing, L.P. $y' Castle Stawianski LLC 3305 Walsh Drive, Ste. 202 Casper;Casper, WY 82609 -0000 (307) 333 5379 0526A 11 -05036)'` EXHIBIT B PUBLISHER'S AFFIDAVIT day of (.dry\ and the last publication being on the day of and that said advertisement appeared in Subscribed in my presence and sworn to before me on this I day of Notary Si 003283 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Michael Jai n, Publisher ROSEMARY CAPELLEN County of Lincoln G„ My Commission Expires May 5, 2012 nsen, Publi, er. .nature NOTARY PUBLIC State of Wyoming 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 44 consecutive issues /weeks; the first publication being on the 2i+ 20 20 (t each and every number of said newspaper during the period of publication as above stated. (Signed) Miller 11 -05036 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM 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 EXHIBIT C AFFIDAVIT OF ATTORNEY SS Megan Ihle, 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 $1,749.04 as compensation for services actually rendered in the foreclosure proceeding. 600.00 489.00 89.44 11.00 441.60 50.00 26.00 11.00 11.00 10.00 10.00 Total $1,749.04 000284 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 SAYETH NAUGHT. State of Wyoming County of Natrona okAcl )1A-D By: Mega !hie Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on (o day of 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. COSPkg NOTARY PUBLIC NANCY KEENER El'ATE OF WYOMING COUNTY OF NATRONA ouhrnI clan Er, Tres Jan 19 2015 My commission expires: /J (Signature of notarial officer) Title (and nk) Certificate of Sale Miller 11 -05036 Page7of7 four (4) consecutive weeks, commencing with the May 26, 2011 issue of said newspaper and ending with the June 16, 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 21, 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 $78,833.13 "Bid Sum which was bid and offered by BAC Home Loan Servicing, L.P. fka Countrywide Home Loan 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 $1,749.04 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 21, 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 21st day of June 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Doug Roberts Title: Deputy Sherif f Certificate of Sale Miller 11 -05036 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Doug Roberts Deputy Sheriff of Lincoln County, State of Wyoming, this 21st day of June 2011. Witness my hand and official sea My Commission Expires: a ms COSPkg ACKNOWLEDGMENT SS Nota l Ig ubllc Pfiti/141k 000286 April 6r €No'c21ry Pudic E.; n ;1 Cou I I +1V LtriCO Expires s�.lJ I;1j Coi�ri1 :15i -6 Certificate of Sale Miller 11 -05036 Page 3 of 7