HomeMy WebLinkAbout9611496011120125
STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
000297
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 July 30, 2007, executed and delivered by Sean F.
Chapman and Amber L. Jones to Mortgage Electronic Registration Systems,
Inc., as nominee for First Bank if Idaho, fsb, dba First Bank of the Tetons its
successors and assigns and (b) that certain mortgage dated July 30, 2007 (the
"Mortgage securing said note, which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on August 3, 2007, at
Reception No. 931850 in Book 667 at Page 791 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 E -2 OF RIVERVIEW TOWNHOMES WEST ADDITION TO
THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING,
ACCORDING TO THAT PLAT FILED NOVEMBER 27, 2001, IN
THE OFFICE OF THE LINCOLN COUNTY CLERK AS PLAT NO.
188 -B
with an address of 504 Snake River Drive #E -2, Alpine, WY 83128
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The 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: August 8, 2011
Assignment recorded: August 16, 2011
Assignment recording information: at Reception No. 960580 in Book 771 at Page
255
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.
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Certificate of Sale
Chapman 11 -10744
RECEIVED 9/27/2011 at 10:10 AM Page 1 of 7
RECEIVING 961149
BOOK: 773 PAGE: 297
JEANNE WAGNER
000298
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 September 1, 2011 issue of
said newspaper and ending with the September 22, 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 27, 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
$199,337.71 "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 $2,056.02 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 27, 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
27th day of September 2011.
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name: Cl Boyd
Title: Deputy Sheriff
Certificate of Sale
Chapman 11 -10744
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my presence and
acknowledged before me by Cliff Boyd
Deputy Sheriff of Lincoln County, State of Wyoming, this 27th day of
September 2011.
My Commission Expires:
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ACKNOWLEDGMENT
Witness my hand and official seal.
SAVANNA L. KRALL NOTARY PUBLIC
COUNTY OF 5; STATE OF r
LINCOLN
WYOMING
N
My Commission Expires 41
SS
Notary Public
000299
Certificate of Sale
Chapman 11 -10744
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
000300
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 July 30, 2007 (the "Mortgage and recorded
on August 3, 2007, at Reception No. 931850 in Book 667 at Page 791 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 Sean F. Chapman and Amber L.
Jones "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic
Registration Systems, Inc., as nominee for First Bank if Idaho, fsb, dba First
Bank of the Tetons its successors and assigns 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: August 8, 2011
Assignment recorded: August 16, 2011
Assignment recording information: at Reception No. 960580 in Book 771 at Page
255
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: 70110470000028789635
CERTIFIED MAIL NO. FSN: 70110470000154717724
Bank of America, N.A., successor by merger to BAC Home
Loans Servicing, LP fka Countrywide Home Loans Servicing
LP
400 National Way, SV 35, P.O. Box 10232
Simi Valley, CA 93065 -6298*
CERTIFIED MAIL NO. NOI: 71969009843000779854
CERTIFIED MAIL NO. FSN: 71969009843000784339
CURRENT RESIDENT
504 Snake River Drive #E -2
Alpine, WY 83128*
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Certificate of Sale
Chapman 11 -10744
Page 4 of 7
CERTIFIED MAIL NO. NOI: 71969009843000779847
CERTIFIED MAIL NO. FSN: 71969009843000784346
Sean F. Chapman
504 Snake River Drive #E -2
Alpine, WY 83128*
CERTIFIED MAIL NO. N01: 71969009843000779830
CERTIFIED MAIL NO. FSN: 71969009843000784353
Sean F. Chapman
PO Box 3504
Jackson, WY 83001 -3504*
CERTIFIED MAIL NO. NOI: 71969009843000779823
CERTIFIED MAIL NO. FSN: 71969009843000784360
Amber L. Jones
PO Box 3504
Jackson, WY 83001 -3504*
CERTIFIED MAIL NO. NOI: 71969009843000779816
CERTIFIED MAIL NO. FSN: 71969009843000784377
Amber L. Jones
504 Snake River Drive #E -2
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 70110470000028789642
CERTIFIED MAIL NO. FSN: 71969009843000784384
Mortgage Electronic Registration Systems, Inc.
1901 E. Voorhees Street, Suite C
Danville, IL 61834*
CERTIFIED MAIL NO. NOI: 71969009843000779809
CERTIFIED MAIL NO. FSN: 71969009843000784391
First Bank of Idaho, fsb,
dba First Bank of the Tetons
P.O. Box 12860
Jackson, WY 83002*
CERTIFIED MAIL NO. NO1:
CERTIFIED MAIL NO. FSN:
First Bank of Idaho, fsb,
dba First Bank of the Tetons
170 E Broadway
Jackson, WY 83002*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was August 19, 2011 and the date of the first publication of the
notice of foreclosure sale was September 1, 2011.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
day of 2011 by Megan Ihle as attorney of Castle
Stawiarski, LLC.
NOTARY PUBLIC
NANCY KEENER
1 l A UNr i F�NA RONA
Commission Ex ,Tres Jan 19 2015
My commission expires:
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71969009843000779793
71969009843000784407
FURTHER AFFIANT SAYETH NAUGHT.
1--e gay) (AL/
y: Megan hle
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
Title (and Ra
000301
Certificate of Sale
Chapman 11 -10744
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECT S OS s
WHER EAS, default in t p ayment oftprins
curved under di t e r ms of a prop sso note (the c
2007, execute a nd d eliv d b e n ita "n
Mortgagor to .Mortgage Elect ronit, Re istr
as successors and ass i g ns and a teal estat mor tga,
of the same date securing the Nute which Mbrtgaf
delivered by'said Mortg Ito aid I ortgagee
was recorded`on Au 3 2007 ati ece t ion No
at Page 791 iii ttii`e r of the office o f the Co unty
Reg of Deeds in�and forLi' 9 'aunty, State o
at has oc-
July 30,
ibex e L' Tetons
Jones
ystems, Inca,
fi
o r rtg a g e
s executed`. and
*gage 0mBook`667
erl acid ex officio
oriiing and
as fol
d t ow
AC, Home
WHEREAS the mort g ag e'vtias assigned for valu
Assignee Bannk bf America, l�1 A successpf bymergerto'
Loans Servicine LP'f a Countrywide Home` Loans Servicir
Assignment r'ecorded August 16, 2011
ssignm ng rufdr ma tlon j ut
77
Page'256
All in the record o f the County Clerk anal ex o tie Register pf Deeds
in and forLincoln County, Wy
ER
WHEAS 'the Mortgage con
of said default, the Mortgagee dec1
suitor proc has been' `ii"is
by the Mortgage or an y part tltereof,'nor h
been instituted and the Same d scontinued; and
WHEREAS written notice,} intent to foreclose tiie Mortgage by
advertisemen sal
t' and' e h as- been rv on the record 'o a
to `me commencement ofmus p u licatront and tli'e amount c u pon we
Mortga on t he o f f ir s t p'ub c of this N'notice Ho f sale being`th
total 'sum of $19
'8 w hic sum con the ut paid principa
balance of $1q3;00"4 4,8 plu in s rest accreted t t h e d of; firs t, 'p ub-
lication'o'f not the anio $4,974.2'0 plus attornys''' fe es,
costs expended, and accruing inter and late charges after th 'of
first publication of this' notice o f Sate
WHEREAS, Th prop e b eing f oreclosed upo may subject to
other liens and encumbranees will not be at the sale.
Any prospective purchaser shoal$ ,r esea r ch th e status' of tle before_
Assignme dated August 2011
subn ittin
NOW E 1 a „2h,
BAC Home Lo
ing LP, as 1
provided t
by the Sheri or
the highest bidder j LL
27, 2011 at ,tire f
925 Sage Avenu oe'
th e a bove describe
pr9 T E -2`OF R I
THE TOWN O E ALI
CORDING "TO TS
Ol+'ICE OP T HE;
with an addres
Together, wil
appurtenance th
PUBLISHER'S AFFIDAVIT
r ,r"eason
e an no
,t secured
oceeding
party in possession of the mortgaged,Pxemises at'least ten (10) day s Bnor
erger to
Servic-
,law
k venue
m�n "to
e tember
Ouse p lcoc o ted n at on
a p i ati
mortgaged
P ION TO
MIN, AC
7, 2001 IKTHE
PLAT NO,'
1piie, WX 83128.
xtdres and
ereto
Bank of Am eric a, successorby merge to BAC Home Loans
Servicing, LE fka C ountryw ide Home LoansSer LP
By: Castle St ski L`L
330 S. Walsh__ Drive, Ste 2
Casper, WY 609 -000
(307) 333' 5179'
PUBLISH: Sep 8;15, 22, 2 011 (11-10744) 0901A
EXHIBIT B
I 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
day of AO ,20 d{
and the last and the last publication being on the 77_
day of
ichae ensen, Publis
Notary Sidn ture
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
20_L;
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
1 R03EniARY CAPELLEN NOTARY PUBLIC
County of e. State of
liricoln Wyoming
My Commission Excires May 2012
4' t W M.s •.awT M.. M4 f+..L..
Subscribed in my presence and sworn to
before me on this 7 e day of
A.D., 20 t t
00030
uertlricate of gale
Chapman 11 -10744
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
Megan lhle, 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 $2,056.02 as compensation for services
actually rendered in the foreclosure proceeding.
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 S ETH NAUGHT.
State of Wyoming
County of Natrona
2 Z day of
Stawiarski, LLC.
Attorney Fees (Foreclosure) 600.00
Title Commitment 749.00
Statutory Notice Fee 100.62
Record AOM 8.00
PUB COST FSN 455.40
Conduct Sale Fee 50.00
Record Cert of Sale 26.00
Record Assign of Cert of Sale 11.00
Record Sheriff's Deed 11.00
Sheriffs Fee Sale 10.00
Sheriff's Fee Deed 10.00
FTPDD 25.00
Total $2,056.02
NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
Commission Ex .ti169 Jan 19 2016
My commission expires:
1 -19 -/r
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
y: Megan le
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
2011 by Megan Ihle as attorney of Castle
(Signature of notarial officer)
Title (and Ran
000303
Certificate of Sale
Chapman 11 -10744
Page 7 of 7