HomeMy WebLinkAbout960835SHERIFF'S CERTIFICATE OF PURCHASE AT
FORECLOSURE SALE
000134
THIS CERTIFICATE made on the date below written by the Sheriff of
Lincoln County, State of Wyoming, to Vanderbilt Mortgage and Finance, Inc., a
Tennessee corporation, of P.O. Box 9800, Maryville, TN 37802.
WITNESSETH:
WHEREAS, a Mortgage was executed by Brett R. Charles and Grace Charles
aka Grace Stillman on June 17, 2008, to Vanderbilt Mortgage Finance, Inc., a
Tennessee corporation, n /k /a Vanderbilt Mortgage and Finance, Inc., a Tennessee
corporation, Mortgagee, for the following described real property:
Lot 1 of Double K Meadows III, Lincoln County,
Wyoming as described on the official plat filed on
December 14, 2006 as Instrument No. 925325 of the
records of the Lincoln County Clerk,
which Mortgage was on June 19, 2008, duly recorded at Book 697, Page 731, in the
Office of the County Clerk and Ex- Officio Registrar of Deeds of Lincoln County,
Wyoming. The current record owner of the property is Brett R. Charles and Grace
Charles, husband and wife.
WHEREAS, a delinquency in payments occurred, pursuant to provisions of
said Mortgage and the said Mortgagee, did elect to accelerate and declare the power of
sale contained in said Mortgage to be operative; that pursuant to the provisions of
Wyoming Statutes, 1977, §34 -4 -101 through §34-4 -113, I do hereby certify that the
property foreclosed is situated in Lincoln County, Wyoming, and more particularly
described above, and was duly advertised in the Kemmerer Gazette, a newspaper of
general circulation in Lincoln County, Wyoming for four (4) consecutive weeks, to wit:
Aug. 4, 11, 18, 25, 2011, as is more fully shown by the Affidavit of Publication
attached hereto; and
THAT said property was sold in one parcel at public vendue in accordance with
the Notice of Foreclosure Sale at the date and time set forth, to wit: August 30, 2011,
at 10:00 a.m. Said sale was made by me, and the above described property was sold to
Vanderbilt Mortgage and Finance, Inc., a Tennessee corporation, of P.O. Box
9800, Maryville, TN 37802, in the sum of sy r ,s; oce and
THAT by virtue of the sale and purchase, the payment of money as described
above by the Purchaser, and the authority vested in me thereby and by law, I hereby
give and grant this, my Certificate of Sale, to Vanderbilt Mortgage and Finance,
Inc., a Tennessee corporation, of P.O. Box 9800, Maryville, TN 37802, and do
hereby certify that the Purchaser, or the Purchaser's assignee, will be entitled to a
Sheriff's Deed at the expiration of 3 months and thirty (30) days from the date of this
sale, unless the same shall have been redeemed prior to that date as provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand this,""` day of
2011.
RECEIVED 9/6/2011 at 12:26 PM
RECEIVING 960835
BOOK: 772 PAGE: 134
JEANNE WAGNER
LINCOLN COUNTY CLERK. KEMMERER. WY
By:
SHERIFF OF LINCOLN COUNTY
STATE OF WYOMING
Sheri /Deputy
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
The foregoing instrument was
as
1/4
Lincoln Co linty this, 1 .ft h day of
SAVAN MALL NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN WYOMING
0 1 1r)
My Commission expires:
acknowledged before
E
2011.
Signature of Notarial Officer
Notary Public
Title and Rank
000135
me by
of
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KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
,Charla
oreclose the Mortgage 'b
hie;- record.,owner and part
first date of publicaion
Aug. 4,11,18:.25, 2011
FORECLOSURE SALE
e fn the conditions of that certa Mortgage
ve by Batt •R.' Charles and Grace Charles
o Mortgage &Finance, Inc, Tennessee
ortgage'andFinance, Inc., a Tennessee
"r omissoly [ote of •even
as
697,
egister of
of the
o. That
'tthe,aboye desc
Sheriff of ii
t the highest t idder,for cash at p
ncoln County Courthouse, Kemmerer,
a, on August 30 '2011. However,
s uch sale shall not a be hell ut
ee tspresent There is duex t ow of
e`sum of $196,518;92 Publication, Vtlklle
h'sum, will continue to accrue interest, late
ies a s provided. by th mortgage, all to
there s hal l be ad o the indRebtedness all
es assgciatod with the foreclosure,
Aforeclosed upon may be subject to ether liens and
encumbrances ill not be extinguished at the sale and any prospec-
tive purchaserishould research -the status of title before submitting a bid.
Vanderbilt oartgage and Finance Inc., a Tennessee corporation
Mortgagee
c/o Patton and Davison,
Attorneys at Law
PO. Box 945
Cheyenne, Wyoming 82003
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 4
day of C.LIC C<,L+ 20 1i
and the last publication being on the 25
day of
000136
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
,20 11
and that said adve i ement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael J
ROS[_i,; /u CA LL N NOTARY PUBLIC
County of
L.inrniq
Subscribed in my presence and sworn to
before me on this 2S day of
19.E {4,071 A.D,, 20 I 1
II Jensen, Pu It
tore
n, Publisher
State of
Wyoming
-s May 5, 2012
410,U Ell,
000137
NOTICE OF INTENT TO FORECLOSE MORTGAGE
TO:
Record Owners and Parties in Possession:
Brett R. Charles
P.O. Box 6571
Jackson, WY 83002
Grace Charles, aka Grace Stillman
P.O. Box 6571
Jackson, WY 83002
TAKE NOTICE that pursuant to applicable Wyoming Statutes, and in
particular Wyoming Statutes §34 -4 -103, you are hereby notified that Vanderbilt
Mortgage and Finance, Inc., a Tennessee corporation, of P.O. Box 9800, Maryville,
TN 37802, Mortgagee, intends to foreclose by advertisement and sale that certain
mortgage given and executed by Brett R. Charles and Grace Charles aka Grace Stillman
to secure a Mortgage Note given and executed by Brett R. Charles and Grace Charles
aka Grace Stillman to Vanderbilt Mortgage Finance, Inc., a Tennessee corporation,
n /k /a Vanderbilt Mortgage and Finance, Inc., a Tennessee corporation. The mortgage
was executed on June 17, 2008, and was recorded on June 19, 2008, at Book 697, Page
731, in the Office of the County Clerk and Ex- Officio Registrar of Deeds of Lincoln
County, Wyoming. The current record owner of the property is Brett R. Charles and
Grace Charles, husband and wife. There is due and owing as of the date of first
publication the sum of $196,518.92. Such sum will continue to accrue interest, late
charges, and any other penalties as provided by the note and mortgage, all to the date of
sale, and additionally there shall be added to the indebtedness all costs and attorney's
fees associated with the foreclosure.
THIS NOTICE is sent to you as the record owner and or the person in
possession of the mortgaged premises described as follows:
Lot 1 of Double K Meadows III, Lincoln County,
Wyoming as described on the official plat filed on
December 14, 2006 as Instrument No. 925325 of the
records of the Lincoln County Clerk,
by certified mail, with return receipt requested, mailed to your last known address ten
(10) days before the commencement of the publication of the Notice of Sale.
In compliance with the Fair Debt Collection Practices Act, 15 USCS 1692, we
provide you with the following notice and information.
(1) The amount of the debt as of the first date of publication is $196,518.92;
(2) The name of the creditor to whom the debt is owed is Vanderbilt Mortgage
and Finance, Inc., a Tennessee corporation;
(3) Unless you, the consumer, within thirty days after receipt of this notice,
dispute the validity of the debt, or any portion thereof, we will assume the debt to be
valid;
(4) If you, the consumer, notify us in writing within the thirty -day period that
the debt, or any portion thereof, is disputed, we will obtain verification of the debt or a
copy of the judgment against you, if applicable, and a copy of such verification or
judgment will be mailed to you by our firm; and
(5) Upon your written request within the thirty -day period, we will provide you,
the consumer, with the name and address of the original creditor, if different from the
current creditor.
Your attention is called to the Servicemember Civil Relief Act of 2003 and
amendments thereto which contain inhibitions against the sale of the land under a
mortgage if the vestee is entitled to the benefits of the Act.
THE DATE of first publication of The Notice of Foreclosure Sale, and the
subsequent publication dates are Aug. 4, 11, 18, 25, 2011. Sale of the premises will be
conducted by the Sheriff of Lincoln County, Wyoming on August 30, 2011, at 10:00
a.m., at the front door of the Lincoln County Courthouse, Kemmerer, Wyoming.
Dated July 20, 2011
By:
000138
Vanderbilt Mortgage and Finance, Inc., a
Tennessee corporation
John tton of Patton Davison
P.O. Box 945
Cheyenne, Wyoming 82003
(307) 635 -4111
Attorneys for Mortgagee
STATE OF WYOMING
ss.
COUNTY OF LARAMIE
ATTORNEY'S FEE AFFIDAVIT
I, John C. Patton, being first duly sworn upon my oath, depose and state as follow:
1. That I am an Attorney at Law and I have been admitted to practice in the State of Wyoming.
I am a member of the firm of Patton Davison, Attorneys At Law and I am a resident of the State of
Wyoming.
2. That this Affidavit is pursuant to and in compliance with §34 -4 -112, Wyoming Statutes,
1977, and will be filed with the Sheriff below named at the time of sale.
3. That the Sheriff has scheduled a Mortgage to be foreclosed in Lincoln County, Wyoming,
on August 30, 2011, at 10:00 a.m.
4. That there is no agreement, express or implied, between himself and my client, Vanderbilt
Mortgage and Finance, Inc., a Tennessee corporation, of P.O. Box 9800, Maryville, TN 37802, nor
between myself and any other person for any sharing or division of the $800.00 fee which was
charged for this foreclosure except with partners of Patton Davison or other attorneys as we may
hire to participate in the foreclosure action, or other parties entitled to a fee through foreclosure
network agreements.
5. That the mortgage referred to was given by Brett R. Charles and Grace Charles aka Grace
Stillman, to Vanderbilt Mortgage Finance, Inc., a Tennessee corporation, n /k /a Vanderbilt
Mortgage and Finance, Inc., a Tennessee corporation, Mortgagee, for the following described real
property:
Lot 1 of Double K Meadows III, Lincoln County, Wyoming as described on the
official plat filed on December 14, 2006 as Instrument No. 925325 of the records
of the Lincoln County Clerk
which mortgage was recorded on June 19, 2008, at Book 697, Page 731, in the Office of the County
Clerk and Ex- Officio Registrar of Deeds of Lincoln County, Wyoming. The current record owner of
the property is Brett R. Charles and Grace Charles, husband and wife.
FURTHER AFFIANT SAYETH NAUGHT. DATED July 20, 2011.
STATE OF WYOMING
COUNTY OF LARAMIE
M
LARAMIE
of Patton Davison
Jo Patton
The foregoing instrument was signed and sworn to before me by JOHN C. PATTON on July
20, 2011.
PAMELA SPORTS NOTARY PUBLIC
COUNTY Olt STATE OF
WYOMING
y Commtselon Expires S
mbar 22, 2011
My Commission expires:
(Seal) OJYY\LxC"
Signature of Notarial 0 ficer
Notary Public
Title and Rank
000139
STATE OF WYOMING
ss.
COUNTY OF LARAMIE
follow:
I, John C. Patton, being first duly sworn upon my oath, depose and state as
1. That I am an Attorney at Law and I have been admitted to practice in the
State of Wyoming. I am a member of the firm of Patton Davison, Attorneys At Law,
and I am a resident of the State of Wyoming.
2. That I caused a Notice of Intent to Foreclose Mortgage by advertisement and
sale to be sent to:
Record Owners and Parties in Possession:
Brett R. Charles
P.O. Box 6571
Jackson, WY 83002
Grace Charles, aka Grace Stillman
P.O. Box 6571
Jackson, WY 83002
STATE OF WYOMING
COUNTY OF LARAMIE
AFFIDAVIT OF MAILING
by Certified Mail with Return Receipt Requested, on July 20, 2011, at least ten (10)
days before the commencement of publication of the Notice of Sale.
FURTHER AFFIANT SAYETH NAUGHT.
DATED July 20, 2011.
The foregoing instrument was signed and sworn to before me by JOHN C.
PATTON on July 20, 2011.
PAMELA SPORTS NOTARY PU3UG
COUNTY OP 4
STATE OF
LARAMIG F WYOMING
'.%R�Yri.�
MyCommi sIan Ex ftY3s S .temp 2011
My Commission expires:
Junior Lienholders:
None of Record
4
Jo ro atton
of Patton Davison
Signature of Notarial
Notary Public
Title and Rank
ficer
000140