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HomeMy WebLinkAbout960656501119€✓ CERTIFICATE OF SALE STATE OF WYOMING A 95 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, 2005, executed and delivered by Michael Codman and Colleen Codman to First Horizon Home Loan Corporation and (b) that certain mortgage dated December 19, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 29, 2005, at Reception No. 914852 in Book 608 at Page 497 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 8 IN SHADOW DANCER ESTATES SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFICIAL PLAT THEREOF. with an address of NNA Falcon Drive, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: First Horizon Home Loans, a division of First Tennessee Bank National Association. Assignment dated: June 21, 2011 Assignment recorded: July 5, 2011 Assignment recording information: at Reception No. 959933 in Book 768 at Page 820 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, First Horizon Home Loans, a division of First Tennessee Bank National Association. "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 Codman 11 -02309 RECEIVED 8/23/2011 at 11:44 AM Page 1 of 7 RECEIVING 960656 BOOK: 771 PAGE: 495 JEANNE WAGNER 0u0496 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 645,439.01 "Bid Sum which was bid and offered by First Horizon Home Loans, a division of First Tennessee Bank National Association. "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 $2,991.76 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 Codman 11 -02309 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. SAVANNA L. KRALL NOTARY PUBLIC COUNTY OF LINCOLN My Commissipn Expires STATE OF WYOMING t UO497 VINN Notary Public Certificate of Sale Codman 11 -02309 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 19, 2005 (the "Mortgage and recorded on December 29, 2005, at Reception Nb. 914852 in Book 608 at Page 497 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 Michael Codman and Colleen Codman "Mortgagor(s) the named mortgagor(s), and First Horizon Home Loan Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: First Horizon Home Loans, a division of First Tennessee Bank National Association. Assignment dated: June 21, 2011 Assignment recorded: July 5, 2011 Assignment recording information: at Reception No. 959933 in Book 768 at Page 820 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: 70110470000202714705 CERTIFIED MAIL NO. FSN: 71969009843000754332 First Horizon Home Loans, a division of First Tennessee Bank National Association. 4000 Horizon Way Suite 100 Irving, TX 75063* CERTIFIED MAIL NO. NOI: 71969009843000745897 CERTIFIED MAIL NO. FSN: 71969009843000754349 CURRENT RESIDENT NNA Falcon Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000745880 CERTIFIED MAIL NO. FSN: 71969009843000754356 Michael Codman 106 Codman Lane Alpine, WY 83128* COSPkg EXHIBIT A SS Certificate of Sale Codman 11 -02309 Page 4of7 uu04 CERTIFIED MAIL NO. NOI: 71969009843000745873 CERTIFIED MAIL NO. FSN: 71969009843000754363 Michael Codman 100 Codman Way Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000745866 CERTIFIED MAIL NO. FSN: 71969009843000754370 Michael Codman PO Box 3289 Alpine, WY 83128 -0289* CERTIFIED MAIL NO. NOI: 71969009843000745859 CERTIFIED MAIL NO. FSN: 71969009843000754387 Michael Codman NNA Falcon Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000745842 CERTIFIED MAIL NO. FSN: 71969009843000754394 Colleen Codman 106 Codman Lane Alpine, WY 83128* CERTIFIED MAIL NO. N01: 71969009843000745835 CERTIFIED MAIL NO. FSN: 71969009843000754400 Colleen Codman 100 Codman Way Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000745828 CERTIFIED MAIL NO. FSN: 71969009843000754417 Colleen Codman PO Box 3289 Alpine, WY 83128 -0289* CERTIFIED MAIL NO. NOI: 71969009843000745811 CERTIFIED MAIL NO. FSN: 71969009843000754424 Colleen Codman NNA Falcon Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 70110470000202714712 CERTIFIED MAIL NO. FSN: 71969009843000754431 Shadow Dancer Owner Association, Inc. c/o F. Michael Kibble 1111 So. 3200 West Salt Lake City, UT 84104* CERTIFIED MAIL NO. NOI: 71969009843000745804 CERTIFIED MAIL NO. FSN: 71969009843000754448 Rodriquez Properties, LLC 11719 Saddle Road Monterey, CA 93940* 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. FURTHER AFFIANT SAYETH NAUGHT. State of Wyoming County of Natrona day of LLC. KEL LEY L NOTARY STATE OF WYOMING COUNTY OF NATRONA Commission Ex. Ines Jan 19 2015 My commission expires: COSPkg i 19 a e`S'' I ILth 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 egan Ihle attorney of Castle 1)0 4 J8 natur_ of notarial o icer) Title and Ra k) Certificate of Sale Codman 11 -02309 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 pc- curred under the terms of a prorriissory riote (the "Note") dated December 19, 2005, executed and delivered by Michael Codman and Colleeri Cod- man ("Mortgagor(s)") to First Horizon Horne Loan Corporation, and a real estate mortgage (the "Mortgage") of the same date securing the Note, which Mortgage was executed and delivered by saidlVlortgagor(s), to said Mortgagee, and which 1VIortgage was recorded pn December 29, 2005, at Reception No. 914852 in Book 608 at Page 497 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: First Horizon lioine Loans, a division of First Tennessee Bank National Association. Assignment dated: June 21, 2011 Assigmnent recorded: July 5, 2011 Assignment recording information: at Reception No, 959933 in Book All in the records of the County Clerk and ex-officiaRegister of1Deeds in and for Lincoln County, Wyoming. WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares to have become operative, and no suit or proceeding has been,. instituted at law to recover die debt secured by the IVIortgage, 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 possessiori of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount dne upon the Mortgage on the date of first publication of this notice of sale being the total sum of $654,235.37 which sum consists of the ?unpaid priricipal balance of $559,833.56 plus interest accrued to the date cif the first pub- lication of this notice in the amount of $94,401 $1, 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 First Horizon Home Loans, a division of First Tennessee Bank National Association., 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 8 IN SHADOW DANCER ESTATES SUBDIVISION, LIN- COLN COUNTY WYOMING AS DESCRIBED ON THE OFICIAL PLAT THEREOF. with an address of NNA Falcoln Drive, Etna, WY 83118. Together with all improvements thereon situate and all fixtures and appurtenances thereto. First Horizon Home Loans, a division of First Tennessee Bank National Association. By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 3335379 PUBLISH: July 28, August 4. 11. 18. 2011 -(11- 02309) 0728 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 ZO r r day of kW t- 20 1 1 and the last publication being on the 1 C day of Otte Mid ,20jI_; and that said advertisement 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 R State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 1 0 day of A.D., 20 Jensen, Pub OG-q) Notary Si t� u0 00 Codman 11 -02309 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA 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 $2,991.76 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 Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Total $2,991.76 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 EXHIBIT C AFFIDAVIT OF ATTORNEY SS e &f� (ULf y: Megan Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 600.00 1,551.00 134.16 8.00 150.00 441.60 50.00 26.00 11.00 10.00 10.00 d This instrument was acknowledged before me on to day of ,,ot 2011 by Megan lhle as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Ex.lres Jan 19, 2015 My commission expires: d C/pf /7/ c)d /S' COSPkg Title (and R. k) ThO5O1 Certificate of Sale Codman 11 -02309 Page 7 of 7