HomeMy WebLinkAbout960220CERTIFICATE OF SALE
STATE OF WYOMING
SS
COUNTY OF LINCOLN
c:'. s A 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 December 23, 2008, executed and delivered by
Scott K. Buck and Wanda J. Buck to Mortgage Electronic Registration Systems,
Inc., as nominee for Bank of Jackson Hole and (b) that certain mortgage dated
December 23, 2008 (the "Mortgage securing said note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on December 29, 2008, at Reception No. 944387 in Book 712 at Page
40 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:
LOT 128 OF NORDIC RANCHES DIVISION NO. 9, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
RECORDED OCTOBER 4, 2000 AS DOCUMENT NUMBER
848754 AND MAP NUMBER 312 -B IN THE OFFICE OF THE
CLERK, LINCOLN COUNTY, WYOMING.
with an address of 1332 Saddle Drive, Etna, WY 83118
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
000788
Assignee: BAC Home Loans Servicing, L.P.
Assignment dated: September 13, 2010
Assignment recorded: September 16, 2010
Assignment recording information: at Reception No. 955550 in Book 753 at Page
774
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 7/26/2011 at 11:15 AM
RECEIVING 960220
BOOK: 769 PAGE: 788
JEANNE WAGNER
nr+i iwoTv r1 FRK VFMMFRER. WY
Certificate of Sale
Buck 10- 15752R
Page 1 of 7
000789
having general circulation in Lincoln County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the June 30, 2011 issue of said
newspaper and ending with the July 21, 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 26, 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
$292,356.02 "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 $3,589.72 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 26, 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
day of 7,,1 3 2011.
Sheriff in and for Lincoln County, State
of Wyoming
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By:
Print Name: C St. op
Title: `,a. t.:►
Certificate of Sale
Buck 10- 15752R
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my presence and
acknowledged before me by s
Deputy Sheriff of Lincoln County, Sta
e of Wyoming, this „X day of
2011.
Witness my hand and official seal.
My Commission Expires: 9- .2k -/1
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ACKNOWLEDGMENT
S S
otary Pu.lic
State of
1Nyoming
-2_k- I
Je ny Clarke
County of
Lincoln
My Commission Expires
000790
Certificate of Sale
Buck 10- 15752R
Page 3 of 7
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 December 23, 2008 (the "Mortgage and
recorded on December 29, 2008, at Reception No. 944387 in Book 712 at Page
40 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 Scott K. Buck and
Wanda J. Buck "Mortgagor(s) the named mortgagor(s), and Mortgage
Electronic Registration Systems, Inc., as nominee for Bank of Jackson Hole is
the named mortgagee, which Mortgage was assigned for value as follows:
Assignee: BAC Home Loans Servicing, L.P.
Assignment dated: September 13, 2010
Assignment recorded: September 16, 2010
Assignment recording information: at Reception No. 955550 in Book 753 at Page
774
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: 71969009843000727497
CERTIFIED MAIL NO. FSN: 71969009843000733375
Scott K. Buck
1332 Saddle Drive
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 71969009843000727473
CERTIFIED MAIL NO. FSN: 71969009843000733382
Wanda J. Buck
1332 Saddle Drive
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 71969009843000727459
CERTIFIED MAIL NO. FSN: 71969009843000733405
BAC Home Loans Servicing, L.P.
400 Countrywide Way, SV 35,
P.O. Box 10232
Simi Valley, CA 93065 -6298
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EXHIBIT A
SS
000791
CERTIFIED MAIL NO. N01: 71969009843000727480
CERTIFIED MAIL NO. FSN: 71969009843000733436
Scott K. Buck
7355 Breezy Point Rd NW
Walker, MN 56484 -2064
CERTIFIED MAIL NO. N01: 71969009843000727466
CERTIFIED MAIL NO. FSN: 71969009843000733443
Wanda J. Buck
7355 Breezy Point Rd NW
Walker, MN 56484 -2064
CERTIFIED MAIL NO. N01: 71969009843000727442
CERTIFIED MAIL NO. FSN: 71969009843000733450
Occupant
1332 Saddle Drive
Etna, WY 83118
Certificate of Sale
Buck 10- 15752R
Page 4 of 7
CERTIFIED MAIL NO. NOi: 71969009843000727435
CERTIFIED MAIL NO. FSN: 71969009843000733412
Scott K. Buck
Box 3012
Alpine, WY 83128
CERTIFIED MAIL NO. NOI: 71969009843000727374
CERTIFIED MAIL NO. FSN: 71969009843000733429
Wanda J. Buck
28 Brandy Drive
Greensboro, NC 27409
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was June 15, 2011 and the date of the first publication of the notice
of foreclosure sale was June 30, 2011.
State of Wyoming
County of Natrona
a u day of
Stawiarski, LLC.
NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
Commission Ex ices Jan 19 2015
My commission expires:
1 1 9 1s'
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FURTHER AFFIANT SAYETH NAUGHT.
CERTIFIED MAIL NO. NOI: 71969009843000727428
CERTIFIED MAIL NO. FSN: 71969009843000733467
Wanda J. Buck
Box 3012
Alpine, WY 83128
ct/n l (ALP
y: 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
(Signature of notarial officer)
Title (and R k)
000792
Certificate of Sale
Buck 10- 15752R
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
PUBLISH: "June 30, July 7 14. 21; 2011,(
FORECLOSURE SALE NOTICE
default in the payment of principal and interest has
under the terms of a promissory note (the "Note datedcember
23, 2008, executed and delivered by Scott K. Buck ed Wanda J. Buck.
"Mortgagor(s) to Mortgage Electronic Registration
nominee for Bank of Jackson Hole, and a real :estate'r
"Mortgage of the same date securinggthe Note, .whi
executed and delivered by said Mortgago
which Mortgage was recorded on December,S
944387 in Book at,Page 40 in th recor
Clerk and ex- officio Register of Deep
of Wyoming and
WHEREAS, the rnortgage was assigned
Assignee: BAC Home Loans Servici
Assignment dated: September
Assignment recorded: Septembe 16;'
Assignment recording information at
753 at Page 774
All in the records of the 'County Clerk an
in and for Lincoln County, Wyoming
WHEREAS, the Mortgage contains a power Of salt
of said default, the Mortgagee declares to have become of
suit or proceeding has been instituted at law to recover t
by the Mortgage, or. any part thereof, nor has y an sttch sui
been instituted and the same discontinue.d,
WHEREAS, written notice ,Of intent to
advertisement and, sale has been served ul:
party in possession of the mortgaged pre'
to th commencement of this publication
Mortgage on "the date of first publication of this
total sum of $290,742.97x' which sum' consists
balance of $270,991.53 plus interest accrued to
lication`of this notice in the amount of $1 :9,751.
costs expended, and accruing interest an�d, c
first publication of this notice of
The property being foreclosed upon may be subject to
other liens and encumbrances that will not be extinguished at the :.sale.
Any prospective purchaser should research the status of title before
submitting a bid;
NOW, THEREFORE BAC Horne Loans Servicing, L P„ as the.Mort
gagee, will have the Mortgage foreclosed as by law, provided`by causing
the mortgaged property to be sold atpubi venue by the Sheriff' Ot Deputy
Sheriff in and for Lin coln County, Wyctxning"to the lughestbadder for cash
at 10 :00.0 clock'n the forenoon only`26 2011 t the ftr #�nt door
the Lincoln Country Courthouse lo+ ateu ut 925 Sage Avenue, ernmere f
WY, Lincoln County, for application onF,the ai�o�e- descne amqunts
secured by the Mortgage, said mortg'
follows, to-wit:
LOT 128 OF NORDIC RANCHES I>1V1,SIC N?zNO. 9 >.'I TI COLN.
COUNTY, WYOMING AS DESCRIBED'ON THE OFFI TAR PLAT
RECORDED OCTOBER '4, 2000 "A &DOC JMENT NU]VIBER 848754
AND MAP NUMBER 312 B IN THE OFFICE O "THE C I IN�
COLN COUNTY, WYOMING
with an address of 1332 Saddle
with,.all .improvement
appurtenances thereto.
tut No 955550 in Book
ex- officio Register of I ee"ds
e
e
ortagee,,, And
my
ny reason
ative, and no
secured
oceeding
e,,amount due upon"•the
notice of sale beingtthe
the unpaid principal
date of the °first pub
plus' attorneys' fees,
es afters the.. date., of
831E;
neon situate an a
BAC Home Loans
By: Castle
330 S. Walsh
EXHIBIT B
PUBLISHER'S AFFIDAVIT
OB
day of
tl�l
Michael Jen
el Jensen, Publish
Notary Signat
KEMMERER, WYOMING
000793
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
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 i t consecutive issues /weeks;
the first publication being on the
,20 i1
and the last publication being on the 41
day of fi ll_ ,20 (1
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Publisher
ROSEMARY CAPELLEN NOTARY PUBUC
County of State of
Lincoif Wyoming
My Commission Expires May 5, 2012
Subscribed in my presence and sworn to
before me on this ,7.t day of
A.D., 20 I I
4VL
CA
STATE OF WYOMING
COUNTY OF NATRONA
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Attorney Fees (Foreclosure)
Statutory Notice Fee
PUB COST FSN
Conduct Sale Fee
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriff's Deed
Sheriff's Fee Sale
Sheriff's Fee Deed
FTP Update x 2
Prior Invoice
State of Wyoming
County of Natrona
v day of
f wiarski LLC.
NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
ission Ex fires Jan 19 2015
My commission expires:
/'1 9 'is
EXHIBIT C 000794
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 $3,589.72 as compensation for services
actually rendered in the foreclosure proceeding.
600.00
100.62
469.20
50.00
26.00
11.00
11.00
10.00
10.00
150.00
2,151.90
Total $3,589.72
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 TH NAUGHT.
cur LALei
y: Megan IhI
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
2011 by Megan 'hie as attorney of Castle
(Signature of notarial officer)
Title (and Ryan
Certificate of Sale
Buck 10- 15752R
Page 7 of 7