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HomeMy WebLinkAbout9610686011019376 STATE OF WYOMING COUNTY OF LINCOLN M. Shane Johnson CERTIFICATE OF SALE SS upon his oath, states and certifies as follows: 000097 of lawful age, being first duly sworn 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 September 27, 2005, executed and delivered by Mark Dickson to Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, LLC. and (b) that certain mortgage dated September 27, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 29, 2005, at Reception No. 912314 in Book 599 at Page 512 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 19 OF BRIDGER VIEW RANCHES, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 234 Bridger 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: The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2006 -001 Mortgage Pass Through Certificates, Series 2006 -001 Assignment dated: September 13, 2010 Assignment recorded: September 16, 2010 Assignment recording information: at Reception No. 95551 in Book 753 at Page 775 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, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2006 -001 Mortgage Pass Through Certificates, Series 2006 -OC1 "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. COSPkg RECEIVED 9/20/2011 at 11:46 AM RECEIVING 961068 BOOK: 773 PAGE: 97 JEANNE WAGNER Certificate of Sale Dickson 10 -17448 Page 1 of 7 000098 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 August 25, 2011 issue of said newspaper and ending with the September 15, 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 September 20, 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 $225,000.00 "Bid Sum which was bid and offered by The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2006 -OC1 Mortgage Pass- Through Certificates, Series 2006 -OC1 "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 $4,263.49 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 September 20, 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 20th day of September 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Cory Stoof Title: Deputy Sheriff Certificate of Sale Dickson 10 -17448 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Cory Stoof Deputy Sheriff of Lincoln County, State of Wyoming, this 20th day of September 2011. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. daftly Clarke Notary y Pu lie County of Lincoln State of oming My Commission Expires d 1 Certificate of Sale Dickson 10 -17448 Page3of7 000099 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000100 Danette Baldacci 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 September 27, 2005 (the "Mortgage and recorded on September 29, 2005, at Reception No. 912314 in Book 599 at Page 512 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 Mark Dickson "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, LLC. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2006 -001 Mortgage Pass Through Certificates, Series 2006 -OC1 Assignment dated: September 13, 2010 Assignment recorded: September 16, 2010 Assignment recording information: at Reception No. 95551 in Book 753 at Page 775 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: 71969009843000685940 CERTIFIED MAIL NO. FSN: 71969009843000693983 CERTIFIED MAIL NO. FSN2: 71969009843000714091 CERTIFIED MAIL NO. FSN3: 71969009843000749512 CERTIFIED MAIL NO. FSN4: 71969009843000777904 Mark Dickson 234 Bridger Drive Thayne, WY 83127 COSPkg CERTIFIED MAIL NO. NOI: 71969009843000685933 CERTIFIED MAIL NO. FSN: 71969009843000694010 CERTIFIED MAIL NO. FSN2: 71969009843000714121 CERTIFIED MAIL NO. FSN3: 71969009843000749543 CERTIFIED MAIL NO. FSN4: 71969009843000777935 Mark Dickson PO Box 1079 Thayne, WY 83127 -1079 Certificate of Sale Dickson 10 -17448 Page 4 of 7 CERTIFIED MAIL NO. NOI: 70102780000105768118 CERTIFIED MAIL NO. FSN: 70101870000102331006 CERTIFIED MAIL NO. FSN2:70101060000021403427 CERTIFIED MAIL N0. FSN3:70110470000202714378 CERTIFIED MAIL NO. FSN4:70110470000202714798 The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2006 -OC1 Mortgage Pass Through Certificates, Series 2006-0C1 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71969009843000685926 CERTIFIED MAIL NO. FSN: 71969009843000693990 CERTIFIED MAIL NO. FSN2: 71969009843000714107 CERTIFIED MAIL NO. FSN3: 71969009843000749529 CERTIFIED MAIL NO. FSN4: 71969009843000777911 Decision One Mortgage Company, LLC 6060 J.A. Jones Dr. Ste 1000 Charlotte, NC 28287 CERTIFIED MAIL NO. NOI: 71969009843000685902 CERTIFIED MAIL NO. FSN: 71969009843000694003 CERTIFIED MAIL NO. FSN2: 71969009843000714114 CERTIFIED MAIL NO. FSN3: 71969009843000749536 CERTIFIED MAIL NO. FSN4: 71969009843000777928 FIA Card Services N.A. Larry Harrington c/o Harrington Law Firm PO Box 51328 Casper, WY 82605 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 14, 2011 and the date of the first publication of the notice of foreclosure sale was August 25, 2011. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. CERTIFIED MAIL NO. NOI: 70102780000105768125 CERTIFIED MAIL NO. FSN: 71969009843000694027 CERTIFIED MAIL NO. FSN2: 71969009843000714138 CERTIFIED MAIL NO. FSN3: 71969009843000749550 CERTIFIED MAIL NO. FSN4: 71969009843000777942 Mortgage Electronic Registration Systems, Inc. 1901 E. Voorhees Street, Suite C Danville, IL 61834 CERTIFIED MAIL NO. NOI: 71969009843000685919 CERTIFIED MAIL NO. FSN: 71969009843000694034 CERTIFIED MAIL NO. FSN2: 71969009843000714145 CERTIFIED MAIL NO. FSN3: 71969009843000749567 CERTIFIED MAIL NO. FSN4: 71969009843000777959 Intervale Mortgage Corporation 815 Reservoir Ave Cranston, RI 02910 CERTIFIED MAIL NO. NOI: 71969009843000685896 CERTIFIED MAIL NO. FSN: 71969009843000694041 CERTIFIED MAIL NO. FSN2: 71969009843000714152 CERTIFIED MAIL NO. FSN3: 71969009843000749574 CERTIFIED MAIL NO. FSN4: 71969009843000777966 Occupant 234 Bridger Drive Thayne, WY 83127 netteBa• ci Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 5 day of, 2011 by Danette Baldacci as attorney of Castle Stawiarski, LLC. (Si C nature of tarial officer) IJ J Title (and ank) My commission expires:Z /2D)(z_ NOTARY PUBLIC DENISE HULL STATE OF WYOMING COUNTY OF NATRONA Commission Expires Feb 20, 2012 Certificate of Sale Dickson 10 -17448 Page 5 of 7 000101 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE 4 WHEREAS, default in the payment of principal` and interest has oc- curred under the terms of a promissot note (the. "Note ")dated September 27, 2005, executed �c Registration `Systems, Inc., as nominee 'for Deci sion One Mortgage C any, LI C., and a estate morte me executed and delivered by said Mortgag "Mortgage of the same date securing the `Note which Mortga was or(s),'to said Mortgagee, and which Mortgage was recorded on September 29, 2005, at Reception No. 912314 in Book 599 at Page 512 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: The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certi_ catehplders CWALT, Inc., Alternative Loan Trust 2006 -OC1 Mortgage Pass Through'Certificates, Series 2006 -OC1 Assignment dated: "September 13, 2010 Assignment recorded September 16, 2010 Assignment recording information: at Reception No. 95551 in Boo 753 at Page 775 All in the records e f the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming. WHEREAS, the a power of sale which by reason of said default, the Mortgagee declare& to have become operative, and no 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 mort gaged premises at least ten (10) days, prior to the commenceurent 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 $348,336.92 which sum consists of the unpaid principal balance of $304,860.56 plus interest accrued to the date of the first pub- lication of this notice in the amount of $43,476.36, plus attorneys' fees, costs expended, and accruing interest and late charges after the date of first publication.. of this. notice of sale;, WHEREAS, The 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 The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders CWALT, Inc., Alterna- tive Loan Trust 2006 -OC1 Mortgage Pass Through Certificates, Series 2°°6-°C1, as the Mortgagee, Will have the Mortgage foreclosed as by law provided by causing the mortgaged property to he "sold at public venue by the Sheriff or Deputy Sheriff in and` for Lincoln County, Wyoming to the highest bidder for "cash at 16:00 O'clock in the forenoon on September 20 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 19 OF BRIDGER VIEW RANCHES LINCOLN COUNTY, WYOMING AS DESCRIBED +°ON` THE'OFFI PLAT TF7ERtOF.' with an address of 234 Bridger Drive, Thayne, WY Together with all improvements thereon situate and all fixtures and appurtenances thereto. The Bank of i e ank of New York, as Trustee for the Certificaf 2006 -OC1 Mortgage 330 Walsh` Dave, t 02 Casper, WY 82609 -0000 007) 333 5379 PUBLISH: August 25, September 1, 8, 15, 2011 (10 -17448 4) 0826F EXHIBIT B PUBLISHER'S AFFIDAVIT *:I 1 '1. Michael Jensen, do hereby, upon my oath, depose and say that I am the General Manager 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 25 CtUe ,C C :c' 20 11 day of day of and the last publication being on the 15 4 -14 1 1/0 1549 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) 20 i( Mich .Fi. sen, Publisher ROSEMARY CAI'ELLEN NOTARY PUBLIC County off m of Linrola My commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 15 day of ____j L A.D., 20 I sen, Publish Notary Sig 000102 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Dickson 10 -17448 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Danette Baldacci, 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 $4,263.49 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee record AOM Publication Cost 2010 Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Sale Fee Sheriffs Deed Fee FTP Update X 2 PUB COST FSN PUB COST FSN2 PUB COST FSN3 PUB COST FSN4 Total $4,263.49 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 YETH AUGHT. State of Wyoming County of Natrona )5 day of Stawiarski, LLC. COSPkg This instrument was acknowledged before me on �e 2011 by Danette Baldacci as attorney of Castle EXHIBIT C AFFIDAVIT OF ATTORNEY 000103 SS anette Ba acci Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Si ��nature of tarial officer) Title (and Rank) My commission expires:2(ZDJ1Z TARY PUBLIC DENISE HULL STATE OF WYOMING COUNTY OF NATRONA Commission Ex. Tres Feb 20 2012 ski 600.00 1,004.00 300.39 8.00 469.20 50.00 26.00 11.00 10.00 10.00 250.00 351.90 469.20 234.60 469.20 Certificate of Sale Dickson 10 -17448 Page 7 of 7