HomeMy WebLinkAbout960121CERTIFICATE OF SALE
STATE OF WYOMING
SS
COUNTY OF LINCOLN
m. Slwne. 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 August 27, 2007, executed and delivered by Kurt
M. Bodily to Mortgage Electronic Registration Systems, Inc., as nominee for
Countrywide Bank, FSB its successors and assigns and (b) that certain mortgage
dated August 27, 2007 (the "Mortgage securing said note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on September 12, 2007, at Reception No. 933065 in Book 672 at Page
59 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 1 OF CMR SUBDIVISION, LINCOLN COUNTY, WYOMING
AS DESCRIBED ON THE OFFICIAL PLAT NO. 363 FILED ON
JUNE 15, 1995 AS INSTRUMENT NO. 803595 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK.
with an address of 302 CMR Lane, Etna, WY 83118 -9710
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
000530
Assignee: BAC Home Loans Servicing, L.P.
Assignment dated: April 14, 2011
Assignrnent recorded: May 6, 2011
Assignrnent recording information: at Reception No. 959200 in Book 766 at Page
406
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
RECEIVED 7/19/2011 at 11:14 AM
RECEIVING 960121
BOOK: 769 PAGE: 530
JEANNE WAGNER
LINCOLN COUNTY CLERK. KEMMERER. WY
Certificate of Sale
Bodily 11 -00830
Page 1 of 7
000531
four (4) consecutive weeks, commencing with the June 2, 2011 issue of said
newspaper and ending with the June 23, 2011 issue thereof; once a week for
three (3) consecutive weeks, commencing with the June 30, 2011 issue of said
newspaper and ending with the July 14, 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 19, 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
$236,389.76 "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 $2,664.95 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 19, 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
19 day of 2011.
COSPkg
m. 511 wn& Tr,\n�.5.1\111
Sheriff in and for Lincoln County, State
of Wyoming
Title: Pal S1nef:Sc
Certificate of Sale
Bodily 11 -00830
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
My Cornmission Expires:
Jenny Clarke Notary Public
i��TJt
County of A;;r,, r\ State of
Lincoln ..;)n:a1
My Cornmission Expires
COSPkg
ACKNOWLEDGMENT
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by ek:cc' 3
Deputy Sheriff of Lincoln County, State of Wyoming, this tc day of
2011.
Witness my hand and official seal.
000532
Certificate of Sale
Bodily 11 -00830
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
COSPkg
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
000533
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 August 27, 2007 (the "Mortgage and
recorded on September 12, 2007, at Reception No. 933065 in Book 672 at Page
59 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 M. Bodily
"Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration
Systems, Inc., as nominee for Countrywide Bank, FSB 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: April 14, 2011
Assignment recorded: May 6, 2011
Assignment recording information: at Reception No. 959200 in Book 766 at Page
406
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:
Certificate of Sale
Bodily 11 -00830
Page 4 of 7
CERTIFIED MAIL NO. NOI: 71969009843000708793
CERTIFIED MAIL NO. FSN: 71969009843000714169
CERITIFED MAIL NO. NOPP: 71969009843000735829
BAC Horne Loans Servicing, L.P.
400 Countrywide Way, SV 35,
P.O. Box 10232
Simi Valley, CA 93065 -6298*
CERTIFIED MAIL NO. N01: 71969009843000708786
CERTIFIED MAIL NO. FSN: 71969009843000714176
CERTIFIED MAIL NO. NOPP: 71969009843000735836
OCCUPANT
302 CMR Lane
Etna, WY 83118 -9710*
CERTIFIED MAIL NO. NOI: 71969009843000708779
CERTIFIED MAIL NO. FSN: 71969009843000714183
CERTIFIED MAIL NO. NOPP: 71969009843000735843
Kurt M. Bodily
302 CMR Lane
Etna, WY 83118 -9710*
CERTIFIED MAIL NO. NOI: 71969009843000708762
CERTIFIED MAIL NO. FSN: 71969009843000714190
CERTIFIED MAIL NO. NOPP: 71969009843000735867
Kurt M. Bodily
PO Box 5153
Etna, WY 83118 -0153*
CERTIFIED MAIL NO. NOI: 71969009843000708755
CERTIFIED MAIL NO. FSN: 71969009843000714206
CERTIFIED MAIL NO. NOPP: 71969009843000735881
Kurt M. Bodily
PO Box 4622
Jackson, WY 83001*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was May 17, 2011 and the date of the first publication of the notice
of foreclosure sale was June 2, 2011.
State of Wyoming
County of Natrona
/7 t day of
Stawiarski, LLC.
COSPkg
FURTHER AFFIANT SAYETH NAUGHT.
is instrument was acknowledged before me on
2011 by Megan !hie as attorney of Castle
JLkLO
M eg n Ihle
Castle St wiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Sign e of no ri I officer
Funk
Title and
My commission expires: 5 /f
000534
Certificate of Sale
Bodily 11 -00830
Page 5 of 7
was execut
whic h,ly; or
ot hert
Any pi
submit
gagee,
the No
Sheriff
babe Loans Servicing` L P, ,as th Mo rt
reeclosed`,as byr law provided by causing
l';'atpubl ic c venute r by°theShe �orDeputy
W yoiritn g to the "hi ghest b idder for cash
on e *28, 2011 at th door of
loca> e� at4 25 S alter veruu'e, K emme r er,
a non n ^die above d amounts
o gaged pr operty bei g, d escribed as
766 :atP
Alll
in and fo
of saiddefa
suit or,procee
by th.0**0
been
W E
a dvertise
o
oa`
cos
a
the
sec,
A
oge
appu'iten
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
:k une 2 9,
'1 ^6 ,23,x2011
oreclose •the, Mortgagecby
upon t he record owner and the
emises at least ten (10) da prior
oi andt�h amount du ,upon the
n o this notice o f s eub the
o pf the imp "d p r incipal
stpub-
s' fees,
ate
of
00830)
PUBLISHER'S AFFIDAVIT
has oc-
August
agor
e for Coun
to mortgage
M ortgage
ortgagee and
r ce
ie County
Sta
in :B'ook
a bject °,to
7eYsale
before
MING
`JUNE
)F'THE
ess. and
omeLoans'Servicing,, L.P.
y� T CastleiStiar
awski =.LLC
nYe,,Ste.
202
12 609. =0000
)79 33`3,5379'
�0'602D
EXHIBIT B
Michael
Notary Sign
h
000535
KEMMERER, WYOMING
Subscribed in my presence and sworn to
before me on this 7 day of
A.D., 20 1 I
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
ensen, Publi
��1 J<� J
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 2
day of 1Q 20 1�1
and the last publication being on the 23
day of ?\ULf1i?. 20 tom;
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
en, Publisher
ROSEMARY CAPEUEN NOTARY PUBLIC
County of Stab d
Lint* Nyominn
My Commission Expires May 5, 2812
rage b 01 7
KEMMERER. GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
200
ort e` hab en,r
vg �nrir�K�tar��
of tt a rmo gaged
th notice of sale;
by Mort-
214
ort
27
toM
Cou
are
Note
o f the`
County, SState o
933065 o
WIHE1
ee.as-
PUBLISHER'S AFFIDAVIT
as oc-
EXHIBIT B
omc
incoln
o.
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
ensen, Publ
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 consecutive issues /weeks;
the first publication being on the S6
day of 1 20 it
and the last pu ication being on the
day of 1 ,20 I(
and that said advertis -ment appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michae�,en, Publisher
ROSEMARY CAPELLEN NOTARY PUBLIC
County of State of
Lincoln Wyoming
Ally Commission Expire- -s May K, 2012
Subscribed in my presence and sworn to
before me on this 1.4 day of
A.D
ary Signa
000536
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
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 Sheriff's Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
Conduct Sale Fee
State of Wyoming
County of Natrona
/f'�'�' day of
Stawiarski, LLC.
My commission expires:
COSPkg
EXHIBIT C
AFFIDAVIT OF ATTORNEY 000537
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 $2,664.95 as compensation for services
actually rendered in the foreclosure proceeding.
Total $2,664.95
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 `'YETH NAUGHT. a j�
X11 Jam°
By: Mega Ihle
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
(Sign 40 no officer)
Title (and Rank)
DIAHANN FRANKLIN
STATE OF WYOMING
COUNTY OF NATRONA
Commission 15, 2014
600.00
825.00
83.85
8.00
275.00
441.60
310.50
29.00
11.00
11.00
10.00
10.00
50.00
Certificate of Sale
'Bodily 11 -00830
Page 7 of 7