Loading...
HomeMy WebLinkAbout9600356011119738 CERTIFICATE OF SALE STATE OF WYOMING SS 000301 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 January 16, 2008, executed and delivered by Brian Malone and Sara Ann Malone to Mortgage Electronic Registration Systems, Inc., as nominee for Ascent Home Loans, Inc. its successors and assigns and (b) that certain mortgage dated January 16, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 22, 2008, at Reception No. 936408 in Book 683 at Page 443 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 13 RIVER VIEW MEADOWS ADDITION TO THE TOWN OF ALPINE WITHIN THE SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 118 WEST, ACCORDING TO THAT PLAT FILED JULY 2, 1993, AS INSTRUMENT NO. 767416, PLAT NO. 264 -B. with an address of 366 Deer 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: March 23, 2011 Assignment recorded: April 15, 2011 Assignment recording information: at Reception No. 958905 in Book 765 at Page 472 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. RECEIVED 7/12/2011 at 11:12 AM RECEIVING 960035 BOOK: 769 PAGE: 301 JEANNI NER 1 miry)! N rem INN C`1 FPI( I(PRAIIAPPI P IAN Certificate of Sale Malone 11 -00008 Page 1 of 7 000302 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 June 16, 2011 issue of said newspaper and ending with the July 7, 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 July 12, 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 $248,357.99 "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 $2,766.02 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 July 12, 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 12th day of July 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: 111 Print Name: Micah Rigby Title: Deputy Sheriff Certificate of Sale Malone 11 -00008 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN ACKNOWLEDGMENT 000303 The foregoing instrument was subscribed in my presence and acknowledged before me by Micah Rigby Deputy Sheriff of Lincoln County, State of Wyoming, this 12th day of July 2011. My Commission Expires: COSPkg SS Witness my hand and official seal. Jenny arke o ary Pu% c County of State of Lincoln Wyoming My Commission Expires b Certificate of Sale Malone 11 -00008 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A 000304 AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS Megan 'hie 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 January 16, 2008 (the "Mortgage and recorded on January 22, 2008, at Reception No. 936408 in Book 683 at Page 443 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 Brian Malone and Sara Ann Malone "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Ascent Home Loans, Inc. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: March 23, 2011 Assignment recorded: April 15, 2011 Assignment recording information: at Reception No. 958905 in Book 765 at Page 472 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: 71969009843000699749 CERTIFIED MAIL NO. FSN: 71969009843000702364 CERTIFIED MAIL NO. NOPP: 71969009843000724014 BAC Horne Loans Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000699732 CERTIFIED MAIL NO. FSN: 71969009843000702371 CERTIFIED MAIL NO. NOPP: 71969009843000724021 OCCUPANT 366 Deer Lane Alpine, WY 83128* COSPkg Certificate of Sale Malone 11 -00008 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000699725 CERTIFIED MAIL NO. FSN: 71969009843000702388 CERTIFIED MAIL NO. NOPP: 71969009843000724038 Brian Malone 366 Deer Lane Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000699718 CERTIFIED MAIL NO. FSN: 71969009843000702395 CERTIFIED MAIL NO. NOPP: 71969009843000724045 Brian Malone PO Box 3666 Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000699701 CERTIFIED MAIL NO. FSN: 71969009843000702401 CERTIFIED MAIL NO. NOPP: 71969009843000724052 Sara Ann Malone 366 Deer Lane Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000699695 CERTIFIED MAIL NO. FSN: 71969009843000702418 CERTIFIED MAIL NO. NOPP: 71969009843000724069 Sara Ann Malone PO Box 3666 Alpine, WY 83128* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 29, 2011 and the date of the first publication of the notice of foreclosure sale was June 16, 2011. State of Wyoming County of Natrona Comm NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA sion Ex ices Jan 79 2015 COSPkg FURTHER AFFIANT SAYETH NAUGHT. My commission expires: /'7 9 Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on I day of 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. a- (Signature of notarial officer) .Q,QzQ Title (and anlf) 000305 Certificate of Sale Malone 11 -00008 Page 5 of 7 PUBLISH: Junes KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming Pre; occurred und :fury 16, 2008 Malone Moj Inc as noniin "Mortgage, f date securi g tlyI records in and fo lzeeegtionr gagee as' ollo Assignee:'$ H ome oaf ��w Assignment dated l arch 2 Assignment recorded: Apn11 Assignment recording information: at 765 at Page 472 All in $the re cords of the Count Clerl a in and,f or Lin coln County, Wyo WHEREAS, written!'no ce advertise ie an e ursn a t WHE ny prosp ect i ve purchas subn�itttng'a bid NOTICE IS I3ERE8 34 -4 -109 (2003) that the til f or June 7 2011 at l5•' Se n Wyoming, has bee p e 12 ocated 201t1at �ar 92 o °o 925 Sage Avenue,} ermir rer, u rrcg cio`Register of Deed's to foreclose the Mortgage by rms of the lylortgage has been mortgaged sale; scnbed as £611a DITION TO THE TOWN OF OFSECTION, 30, TOWN- OILI.7'II G TO HAT PLAT 0. 767416, PLAT N O. 264 B" the WY 83128 olosed updntmay subject to riot be extinguished at the sale, research the status of title.+before p ursuant to Wyoming Sta'tute`s Section e 'of the a bov e ort se d or of sale the Lincol Count Coe urtho erer; WY, L i nco ln Count State off o'clock in the forenoon on July l p ►t Lout of ,located at yog• ervicing, L.P. khS y: Castle`Stawiarski, LLC'� 0 S. Walsh Drive,, Ste 202 C asper, WY 82609 307 333 5379 0616, EXHIBIT B PUBLISHER'S AFFIDAVIT I, Michael Jensen, do hereby, upon my oath, depose and say that I am the Publisher 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 IL, day of 4. 1(N Q. 20 (I and the last publication being on the 1- day of tv.(. 20 11 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ►l.( 'llt1�� Michael le KEMMERER, WYOMING ROSEMARY CAPELLEN NOTARY PUBLIC ICouMy M State of Lincoht s`^ Wyoming My Commission Expires May 522012 Publisher Subscribed in my presence and sworn to before me on this Notary S J,Pt el Jensen, Pub ature day of 000306 STATE OF WYOMING )ss. COUNTY OF LINCOLN A.D., 20 I i uertiricate ate Malone 11 -00008 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY 000307 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 $2,766.02 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM FTP Update x 3 PUB COST FSN PUB COST NOPP Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Conduct Sale Fee 600.00 858.00 100.62 11.00 275.00 441.60 358.80 29.00 11.00 11.00 10.00 10.00 50.00 Total $2,766.02 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 ETH NAUGHT. State of Wyoming County of Natrona 7 day of Stawiarski, LLC. NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex Tres Jan 18 2015 My commission expires: COSPkg -7J By: Meganjlhle 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 c (Signature 7 of notarial officer) Certificate of Sale Malone 11 -00008 Page 7 of 7