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HomeMy WebLinkAbout9606556011019583 STATE OF WYOMING SS 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 December 19, 2008, executed and delivered by Todd N. Cory and Suzanna Lynn Cory to Mortgage Electronic Registration Systems, Inc., as nominee for Metlife Home Loans, a Division of Metlife Bank, N.A. and (b) that certain mortgage dated December 19, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 30, 2008, at Reception No. 944419 in Book 712 at Page 206 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: with an address of 288 Scrub Oak Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: MetLife Home Loans, a division of MetLife Bank, N.A. Assignment dated: June 23, 2011 Assignment recorded: June 29, 2011 Assignment recording information: at Reception No. 959875 in Book 768 at Page 605 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, MetLife Home Loans, a division of MetLife Bank, N.A. "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 COSPkg CERTIFICATE OF SALE 000488 LOT 33 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON JUNE 30, 1971 AS INSTRUMENT NO. 431709 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. Certificate of Sale Cory 10 -22174 RECEIVED 8/23/2011 at 11:20 AM Page 1 of 7 RECEIVING 960655 BOOK: 771 PAi 3 JEANNE WAGNER 000489 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the July 28, 2011 issue of said newspaper and ending with the August 18, 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 August 23, 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 235,006.57 "Bid Sum which was bid and offered by MetLife Home Loans, a division of MetLife Bank, N.A. "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 $2,270.22 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 August 23, 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 23rd day of August 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Title: Deputy Sheriff Certificate of Sale Cory 10 -22174 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 23rd day of August 2011. Witness my hand and official seal. Notary Public SAVANNA L. KRALL NOTARY PUBLIC STATE OF WYOMING My Commission Expires COUNTY OF LINCOLN Certificate of Sale Cory 10 -22174 Page 3 of 7 000490 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 December 19, 2008 (the "Mortgage and recorded on December 30, 2008, at Reception No. 944419 in Book 712 at Page 206 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 Todd N. Cory and Suzanna Lynn Cory "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Metlife Home Loans, a Division of Metlife Bank, N.A. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: MetLife Home Loans, a division of MetLife Bank, N.A. Assignment dated: June 23, 2011 Assignment recorded: June 29, 2011 Assignment recording information: at Reception No. 959875 in Book 768 at Page 605 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: 70110470000202714729 CERTIFIED MAIL NO. FSN: 71969009843000754455 MetLife Home Loans, a division of MetLife Bank, N.A. 4000 Horizon Way Suite 100 Irving, TX 75063* CERTIFIED MAIL NO. NOI: 71969009843000745781 CERTIFIED MAIL NO. FSN: 71969009843000754462 CURRENT RESIDENT 288 Scrub Oak Drive Thayne, WY 83127* CERTIFIED MAIL NO. N01: 71969009843000745774 CERTIFIED MAIL NO. FSN: 71969009843000754479 Todd N. Cory 288 Scrub Oak Drive Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000745767 COSPkg EXHIBIT A SS Certificate of Sale Cory 10 -22174 Page 4 of 7 0u049 CERTIFIED MAIL NO. FSN: 71969009843000754486 Todd N. Cory 100 N Oakland St Saint Johns, MI 48879 -1520* CERTIFIED MAIL NO. NOI: 71969009843000745750 CERTIFIED MAIL NO. FSN: 71969009843000754493 Todd N. Cory P.O. Box 3871 Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000745743 CERTIFIED MAIL NO. FSN: 71969009843000754509 Suzanna Lynn Cory 288 Scrub Oak Drive Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000745736 CERTIFIED MAIL NO. FSN: 71969009843000754516 Suzanna Lynn Cory 100 N Oakland St Saint Johns, MI 48879 -1520* CERTIFIED MAIL NO. NOI: 71969009843000745729 CERTIFIED MAIL NO. FSN: 71969009843000754523 Suzanna Lynn Cory P.O. Box 3871 Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000745712 CERTIFIED MAIL NO. FSN: 71969009843000754530 Gieck Revocable Trust c/o Stephen and Karen Gieck 312 Spruce Street Alpine, WY 83128* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 12, 2011 and the date of the first publication of the notice of foreclosure sale was July 28, 2011. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. may: Megan !hie Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on /f' day of 6,9/ 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. 41-1-1-4 (Sign tur �ofnotar, officer) Title (and I'an My commission expires: 5.73-.7f 7' 1, DIAHANN FRANKLIN STATE OF WYOMING C OUNTY OF NATRONA Commission Ma 16, 2014 Certificate of Sale Cory 10 -22174 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE'. SALE NOTICE WHEREAS, default in the payment of principal and interest has oc- curre under the terms of a promissory note (the "Note dated December 19, 2008, executed and delivered by Todd N. Cory and S ttzanna Lynn Cory "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for Metife Home Loans a Division; of MntlifeR ank N.A., and areal estate mortgage (the "Mortgage of the same dateisecuringthe Note, which Mortgage was executed and by said Mortgagor(s), to said Mortgagee, and which Mortgage was reco) ded,o npcember 30, 2008, at Reception No. 94(1119 in Book 712 at Page 206 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 WHEREAS, the mortgage was assigned for value. as follows: Assignee: MetLife,HomeLoans, a division of MetLife Bank, N. A. Assignment dated: June 23, 2011 Assignment recorded: June 29, 2011 Assignment recording information: at Reception No 959875 in Book 768 at Page 605 All in the records of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming. WHEREAS, the Mortgage contains a power of sale by of said default, the Mortgagee declates'to have become operatiwhich v reason e, an d n suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such`suit or proceeding been instituted and the same discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the party in possession of the mortgaged premises at least ten (10) days prior to the commencement of this' publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale being the total sum of $231,415.09 Which sum consists of the unpaid principal balance of $210,290.32 plus interest accrued to the date of the firstpub- lication of this notice in the amount of $21 ,251.53, plus attorneys' fees, costs expended, and accruing interest and late 'charges after the date of first publication of this notice` of sale; WHEREAS, 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 MetLife Home Loans, a division of MetLife Bank, N.A., as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash at 10 :00 o'clock in the forenoon on August 23, 2011 at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for application on the above described amounts secured by the Mortgage, said mortgaged property being described as-follows, to: wit: LOT 33 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY, WYOMING AS DESCRIBED' ON THE OFFICIAL PLAT FILED ON JUNE 30, 1971 AS INSTRUMENT NO. 431709 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of'288' Scrub Oak Drive, Thayne, WY 83127. Together with all improvements thereon situate and all fixtures and appurtenances thereto. MetLife Home Loans, a division of MetLife Bank, N.A. By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 PUBLISH: July 28, August 4, 11, 18, 2011 (10- 22174) 0728A EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING 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 4 consecutive issues /weeks; the first publication being on the day of day of dati- and the last publication being on the lA 20_11_; and that said adveYtisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael3ensen, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of t State al Lincoln qr Wyoming My Commission Expires May 5, 20I2 sssw +..0 .s w. Subscribed in my presence and sworn to before me on this 1 day of Cory 10 -22174 Page6of7 000493 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY 0 4 9 4 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 $2,270.22 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM FTPDD x 2 PUB COST FSN Conduct Sale Fee Record Cert of Sale Record Assign Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Total $2,270.22 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 A ETH NAUGHT. State of Wyoming County of Natrona COSPkg -e y: Megan Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on e of Oi 2011 by Megan lhle as attorney of Castle Stawiarski, LLC. (Sigaty.re of notxi9 pfficer) Title (and Rank) My commission expires: 6,' /7v 650.00 802.00 100.62 8.00 150.00 441.60 50.00 26.00 11.00 11.00 10.00 10.00 DIAHANN FRANKLIN COUNTY OF NATRONA C 15,2014 Certificate of Sale Cory 10 -22174 Page 7 of 7