HomeMy WebLinkAbout9613341x011019433
STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
m S1An,ne. TAnu►Sf1Vi 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 October 11, 2006, executed and delivered by
Anthony W Moffett to Mortgage Electronic Registration Systems, Inc., as
nominee for America's Wholesale Lender and (b) that certain mortgage dated
October 11, 2006 (the "Mortgage securing said note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on October 12, 2006, at Reception No. 923293 in Book 636 at Page
660 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:
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LOT 2B OF BLOCK 2 OF LINCOLN HEIGHTS 5TH ADDITION,
SECOND FILING TO THE CITY OF KEMMERER, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
FILED ON MAY 2, 1985 AS INSTRUMENT NO. 634485 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK
with an address of 1677 Nations Ave., Kemmerer, WY 83101
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
000131
Assignee: Bank of America, N.A., as successor by merger to BAC Home Loans
Servicing, LP
Assignment dated: August 8, 2011
Assignment recorded: August 22, 2011
Assignment recording information: at Reception No. 960654 in Book 771 at Page
486
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., as
successor by merger to BAC 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 10/11/2011 at 10:35 AM
RECEIVING 961334
BOOK: 774 PAGE: 131
JEANNE WAGNER
LINCOLN COUNTY CLEF 4MERER, WY
Certificate of Sale
Moffett 08- 21022R
Page 1 of 7
000132
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 15, 2011 issue of
said newspaper and ending with the October 6, 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 October 11, 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
$192,673.44 "Bid Sum which was bid and offered by Bank of America, N.A.,
as successor by merger to BAC 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 $5,959.28 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 October 11, 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
day of Qrtiw 2011.
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t\l me., J r;,.t.cdn
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name: nc,,5
Title:
Certificate of Sale
Moffett 08- 21022R
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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SAVANNAL Mu.L 410 t
COUNTY' OF aTIATEQFF
LINCOLN WDIMIlita
My Cornmtasion pq 1,}
ACKNOWLEDGMENT
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by CA SI -one'
Deputy Sheriff of Lincoln County, State of Wyoming, this day of
(ctatee 2011.
Witness my hand and official seal.
Notary Public
000133
Certificate of Sale
Moffett 08- 21022R
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
000134
Patricia Anne Michitsch 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 October 11, 2006 (the "Mortgage and
recorded on October 12, 2006, at Reception No. 923293 in Book 636 at Page
660 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 Anthony W Moffett
"Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration
Systems, Inc., as nominee for America's Wholesale Lender is the named
mortgagee, which Mortgage was assigned for value as follows:
Assignee: Bank of America, N.A., as successor by merger to BAC Home Loans
Servicing, LP
Assignment dated: August 8, 2011
Assignment recorded: August 22, 2011
Assignment recording information: at Reception No. 960654 in Book 771 at Page
486
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: 70110470000052832680
CERTIFIED MAIL NO. FSN: 70110470000154718059
Bank of America, N.A., as successor by merger to BAC Home
Loans Servicing, LP
400 National Way, SV 35, P.O. Box 10232
Simi Valley, CA 93065 -6298*
CERTIFIED MAIL NO. NOI: 71969009843000787545
CERTIFIED MAIL NO. FSN: 71969009843000793423
CURRENT RESIDENT
1677 Nations Ave.
Kemmerer, WY 83101*
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Certificate of Sale
Moffett 08- 21022R
Page 4 of 7
CERTIFIED MAIL NO. NOI: 71969009843000787538
CERTIFIED MAIL NO. FSN: 71969009843000793430
Anthony W. Moffett
1677 Nations Ave.
Kemmerer, WY 83101*
CERTIFIED MAIL NO. N01: 71969009843000787521
CERTIFIED MAIL NO. FSN: 71969009843000793447
Anthony W. Moffett
215 Farasita St
Trinidad, CO 81082*
CERTIFIED MAIL NO. NOI: 71969009843000787514
CERTIFIED MAIL NO. FSN: 71969009843000793454
Anthony W. Moffett
PO Box 184
Kemmerer, WY 83101 -0184*
CERTIFIED MAIL NO. NOI: 71969009843000787507
CERTIFIED MAIL NO. FSN: 71969009843000793461
City of Kemmerer
220 Wyoming Highway 233
Kemmerer, WY 83101
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was August 31, 2011 and the date of the first publication of the
notice of foreclosure sale was September 15, 2011.
State of Wyoming
County of Natrona
FURTHER AFFIANT SAYETH NAUGHT.
This instrument was acknowledged before me on
6.1 day of (6 e,T -6, 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
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aaFo S NOTARY UP RLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
Gonmh" for Expires Jan 19 2015
My commission expires:
1 9 1J
By: Patricia Anne Michitsch
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature df notarial officer)
Title (and R
000135
Certificate of Sale
Moffett 08- 21022R
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALE NOTI.CE
WHEREAS, default in the payment of principal and interest has oc-
curred urtdertheAerinsof a promissory; note (the "Note dated October 11,
2006, executed and de1iveied by Anthony W Moffett "Mortgagor(s) to
Mortgage Electronic Registration.Systems, Inc., as nominee for America's
Wholesale Lender „and a real estate mortgage (the "Mortgage of the same
date securing the Note, which „Mortgage!; was executed and delivered by
said Mortgagor(s), ,said,Mortgagee, and which Mortgage was recorded
on October 1;.,:20(6, at ReceptINo 923293 in Book 636 at Page 660
in the records+,oft of the.County Clerk and ex- officio Register of
Deeds in and,,fnr l r „eoln State Cif Wyoming; and
WHEREAS,, the mortgage was assigned for value as follows:
Assignee ....BAC. Home Loans Servicing, LP
Assignment dated August 8 2011
Assignment recorded: August 22, 2011
771
AsatlsPagignmen86 t recording information: at Reception No. 960654, in Book
e 4
All' in the records of the County. Clerk and ex- officio Register of Deeds
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 the debt secured
,�by °tlie!Mortgage, briny part thereof, nor has any such suitor proceeding
been instituted 'and the ;sanie'discontinued; and
WHEREAS, i wrtten 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 mortgaged premises at least ten (10) days prior
to the commencement 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 $189,754.96 which sum consists of the unpaid principal
balance of $142,831.35 plus interest accrued to the date of the first pub-
lication ofthis4notice amount of $46,923.61, 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 Bank of America, N.A., as successor by merger
to BAC HomeLoans Servicing, LP, as the Mortgagee, will have the Mort-
gage 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 .October ,11 20.11 atzthe front door of the Lincoln County
Courthouse iocated 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 2B OF BLOCK 2 OF LINCOLN HEIGHTS 5TH ADDITION,
SECOND FILING T THE C1TY OF•KEMMERER, LINCOLN COUN-
TY WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED
ON MAY 2, 1985 AS INSTRUMENT NO. 634485 OF THE RECORDS
OF THE LINCOLN COUNTY CLERK
with an address of.:4677 Nations Ave Kemm WY 83101.
Together with all improvements thereon situate and all fixtures and
appurtenances thereto,'
Bank of America, N.A., as successor by merger to BAC Home
Loans Servicing, LP
By: Castle Stawiarski, LLC
330 S. Walsh Drive Ste.' 202
Casper, WY 82609 -0000
(307) 333 5379
PUBLISH: Sept 15, 22, 29, Oct. 6, 2011 (08- 21022R 0915F
EXHIBIT B
PUBLISHER'S AFFIDAVIT
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 15
day of �q Pfkt 20_11_,
and the la publication being on the to
611 20 11
day of
KEMMERER, WYOMING
Michael J n, Publisher
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
R O iEMN2Y CAI'EL NOTARY PUBLIC
Comity of k,
Lincoln State of
4 r Wyoming
My Expires May 5, 2n12
r n .w eft nr 4 nF.Nn®nn. N.• .Pain
Subscribed in my presence and sworn to
before me on this day of
A.D., 20
by Miyb.�el Jensen, Publisher.
Notary Sig re
000136
STATE OF WYOMING
COUNTY OF NATRONA
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Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Record AOM
FTP Update x2
PUB COST FSN
Conduct Sale Fee
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriff's Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
Prior Invoice
State of Wyoming
County of Natrona
an�F.TLiBflRAEAR$Et' '_..StatEtA is
NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
i3 My Commission Expires Jan 19 2015
EXHIBIT C
AFFIDAVIT OF ATTORNEY
My commission expires:
SS
Patricia Anne Michitsch, 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 $5,959.28 as compensation for services
actually rendered in the foreclosure proceeding.
Total $5,959.28
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 AFFIAN- T-- SAYETH NAUGHT.
(.7 'mac k'
ay: Patricia A e Michitsch
Castle Stawiafiski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
b day of ('I r_ k, 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
600.00
644.00
67.08
11.00
150.00
441.60
50.00
26.00
11.00
11.00
10.00
10.00
3,927.60
°L.
(Signature of notarial officer)
ti c r
Title (and Ranks
000137
Certificate of Sale
Moffett 08- 21022R
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