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HomeMy WebLinkAbout9607626010918167 CERTIFICATE OF SALE 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 April 15, 2008, executed and delivered by Susan J. Sequera to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB. and (b) that certain mortgage dated April 15, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 24, 2008, at Reception No. 938469 in Book 692 at Page 715 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 THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF WYOMING, COUNTY OF LINCOLN, CITY OF KEMMERER, AND DESCRIBED AS FOLLOWS: LOT 11 OF BLOCK 34 OF THE FIRST ADDITION TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING, AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 505 Pearl Street, Kemmerer, WY 83101 -3313 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 0U0815 Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: May 12, 2011 Assignment recorded: June 8, 2011 Assignment recording information: at Reception No. 959575 in Book 767 at Page 735 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, Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP "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 8/30/2011 at 11:20 AM Certificate of Sale Sequera 09 -15678 RECEIVING 960762 Page 1 of 8 BOOK: 771 PAGE: 815 JEANNE \%!A LINCOLN COUNTY CLEr1/4 -ry MMERER, WY 0 u 0 8 1 6 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 30, 2011 issue of said newspaper and ending with the July 21, 2011 issue thereof; and again once a week for four (4) consecutive weeks, commencing with the August 4, 2011 issue of said newspaper and ending with the August 25, 2011 issue thereof; that said notices were 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 notices 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 notices 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 30, 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 $47,659.73 "Bid Sum which was bid and offered by Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP "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 $2,519.28 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 30, 2011, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Sequera 09 -15678 Page 2 of 8 DATED at Kemmerer, Lincoln County, State of Wyoming, this 30th day of August 2011. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SS Witness my hand and official seal. SAVANNA L. KRALL NOTARY PUBLIC COUNTY OF STATE WYOMING LINCOLN My Commission Expires M. Shane Johnson ACKNOWLEDGMENT Sheriff in and for Lincoln County, State of Wyomi By: Print N me: Cory Stoof Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by Cory Stoof Deputy Sheriff of Lincoln County, State of Wyoming, this 30th day of August 2011. 1 i571 `NYV.i c-✓ Notary Public Certificate of Sale Sequera 09 -15678 Page 3 of 8 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 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 April 15, 2008 (the "Mortgage and recorded on April 24, 2008, at Reception No. 938469 in Book 692 at Page 715 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 Susan J. Sequera "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: May 12, 2011 Assignment recorded: June 8, 2011 Assignment recording information: at Reception No. 959575 in Book 767 at Page 735 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: COSPkg Certificate of Sale Sequera 09 -15678 Page 4 of 8 CERTIFIED MAIL NO. N01: 70101870000102329928 CERTIFIED MAIL NO. FSN: 70101870000102243835 CERTIFIED MAIL NO. NOPP:70101870000102243347 BAC Home Loan Servicing, L.P. fka Countrywide Horne Loan Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000727282 CERTIFIED MAIL NO. FSN: 71969009843000733474 CERTIFIED MAIL NO. NOPP: 71969009843000759054 OCCUPANT 505 Pearl Street Kemmerer, WY 83101 -3313* CERTIFIED MAIL NO. NOI: 71969009843000727275 CERTIFIED MAIL NO. FSN: 71969009843000733481 CERTIFIED MAIL NO. NOPP: 71969009843000759061 Susan J. Sequera 505 Pearl Street Kemmerer, WY 83101 -3313* CERTIFIED MAIL NO. N01: 71969009843000732705 CERTIFIED MAIL NO. FSN: 71969009843000733498 CERTIFIED MAIL NO. NOPP: 71969009843000759078 Susan J. Sequera 501 Pearl Street Kemmerer, WY 83101 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 g,S day of Stawiarski, LLC. NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex ire Jan 19 2015 i COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 2011 by Megan Ihle as attorney of Castle My commission expires: H 94( y: Megan hle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of iotarial officer) Title (and Rink Certificate of Sale Sequera 09 -15678 Page 5 of 8 0u0819 EXHIBIT B PUBLISHER'S AFFIDAVIT 0u0820 [Note to Agent: Type EXHIBIT B at the top of the original Publisher's Affidavit and notice of foreclosure sale and insert here in place of this page.] COSPkg Certificate of Sale Sequera 09 -15678 Page 6 of 8 in+ and for`- WIE advertises ej KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming W HERE AS de fault the jp c urred tnde the terms of a:profr 2008, exeettted and delivered b Mortgage Electronic egg strati wide Ba E B andhdelive tc6,;6 ded't tthe record e of Register of eeds in fo -inc 24 0 ;:200 0 $4 at Re045#o b 8 �REAS tl e Mort h. g a e a s o "ll y a f s L "oan qr u A` As sign ne nt re "e`br® ®.sJune TPONE E; ssory of Susan 1. Sequei Sy terns, CiolZ ncip th pterrusea', le r The property covered y s D TO THIS P OLICY'IS SITUATED THE STATE OF WYOMING COUNTY, ase gag is �escri e foliows: THE LAND REFERRED TED IN OF LINCOLN CITY OF KENT MERER, AND DESCRIBED AS, FOLLOWS LOT,11 OF BLOCK 34 OF THE FIRST ADDITI, ®N „'T`O THE OWN F'KEMMERR, LIN- COLN COUNTY WYO v1ING SCRIBED ON THE O1 FICIAL PLAT THEREOF, ...ti, with an addrestis;of erhtize er, ,83101 -3313. WHEREAS,. the pr y being forecXosed u s Je ct to b b' other liens and en rumlirt Any prospe °dt1 submitting a bi NOTICE IS. EBY 34-4-109 (20Q at the fo uled for July 26, 2011 at the located at `1925 Sage' Avenue °K Wyoming,'tas been pptpnn d 30, 2011 at'tlte front doot 925 Sage Avenue, Kemm er WY, Li Bank Hofn erj� N: Servie �P,1 ca ount 1Sli Drive, Ste. 202 asper, WY 82609- 0000 (09-15678) 333 379 COSPkg ma b a at Will not be exp ti tin s chat u the sale ild resew the'istatii oof title before Wyo n S tatutes Section above,M sched- ncoln County Courthouse Lincoln County State of nitth forenoon Aug o ty Courthouse''' orated at o r bi y n m C State ofi yo e m Loans i ng. e t AC w g T o wide „o a's" Servicing LP tawiarski, LLC EXHIBIT B PUBLISHER'S AFFIDAVIT day of Michael J ael Jen en, Publi atu re KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Notary Sjn 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 44 consecutive issues /weeks; the first publication being on the 20 t 1 and the last publics ion being on the 2 day of 20 I 1 and that said advert! ement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Publisher ROWJARY GAPELLEN NOTARY PsUSLli; County of State of Lincoln M1 Wyoming My Comm ssion Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 25 day of A.D., 20 Certificate of Sale Sequera 09 -15678 Page 7 of 8 000821 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 $2,519.28 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Title Claim fee Title Update X 4 Record AOM PUB COST FSN PUB COST NOPP Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Total $2,519.28 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 ti NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex.Ires Jan 19 2015 My commission expires: COSPkg 1 9 45/- EXHIBIT C AFFIDAVIT OF ATTORNEY SS By: Megan hle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on g 5 day of 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. (Signature of officer) e s4 Title (and Ran z) 600.00 381.00 67.08 125.00 400.00 11.00 441.60 372.60 50.00 29.00 11.00 11.00 10.00 10.00 000822 Certificate of Sale Sequera 09 -15678 Page 8 of 8