HomeMy WebLinkAbout961335STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
Fihrune .\rkan54 ,N 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 June 24, 2005, executed and delivered by Mary
Ellen Conine Lichter and Nicholas W. Lichter to Mortgage Electronic
Registration Systems, Inc., as nominee for Ditech.com, Inc., its successors and
assigns and (b) that certain mortgage dated June 24, 2005 (the "Mortgage
securing said note, which Mortgage was executed and delivered by said
mortgagor(s), to said mortgagee, and was recorded on July 28, 2006, at
Reception No. 920723 in Book 628 at Page 108 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 NUMBER ONE (1) OF THE REES SUBDIVISION,
ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN THE
OFFICE OF COUNTY CLERK, LINCOLN COUNTY, WYOMING.
with an address of 466 Pine St, Alpine, WY 83128
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
000138
Assignee: GMAC Mortgage, LLC
Assignment dated: August 15, 2011
Assignment recorded: August 23, 2011
Assignment recording information: at Reception No. 960668 in Book 771 at Page
568
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, GMAC Mortgage, LLC
"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.
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
RECEIVED 10/11/2011 at 10:37 AM
RECEIVING 961335
BOOK: 774 PAGE: 138
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Conine Lichter 11 -09745
Page 1 of 7
000139
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
$56,483.74 "Bid Sum which was bid and offered by GMAC Mortgage, LLC
"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 $1,841.76 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.
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DATED at Kemmerer, Lincoln County, State of Wyoming, this
day of nc. ,A4,, r 2011.
D 11. S.Artne. 7riMUSCIIR
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name: eons Sk-mc
Title: Ap Slr er'•��
Certificate of Sale
Conine Lichter 11 -09745
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
ACKNOWLEDGMENT
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by S410 C
Deputy Sheriff of Lincoln County, State f Wyoming, this t day of
OckA.,er 2011.
My Commission Expires:
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Witness my hand and official seal.
SAVANNA L. KRALL NOTARY PUBLIC
COUNTY OF j' STATE OF
LINCOLN a !'i t! WYOMING
Mg Commission Expires T l
Notary Public
000140
Certificate of Sale
Conine Lichter 11 -09745
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
000141
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 June 24, 2005 (the "Mortgage and recorded
on July 28, 2006, at Reception No. 920723 in Book 628 at Page 108 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 Mary Ellen Conine Lichter and
Nicholas W. Lichter "Mortgagor(s) the named mortgagor(s), and Mortgage
Electronic Registration Systems, Inc., as nominee for Ditech.com, Inc., its
successors and assigns is the named mortgagee, which Mortgage was assigned
for value as follows:
Assignee: GMAC Mortgage, LLC
Assignment dated: August 15, 2011
Assignment recorded: August 23, 2011
Assignment recording information: at Reception No. 960668 in Book 771 at Page
568
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:
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Certificate of Sale
Conine Lichter 11 -09745
Page 4 of 7
CERTIFIED MAIL NO. N01: 71969009843000787668
CERTIFIED MAIL NO. FSN: 71969009843000793638
GMAC Mortgage, LLC
1100 Virginia Drive
Fort Washington, PA 19034*
CERTIFIED MAIL NO. NOI: 71969009843000787651
CERTIFIED MAIL NO. FSN: 71969009843000793645
CURRENT RESIDENT
466 Pine St
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000787644
CERTIFIED MAIL NO. FSN: 71969009843000793652
Mary Ellen Conine Lichter
466 Pine St
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000787637
CERTIFIED MAIL NO. FSN: 71969009843000793669
Mary Ellen Conine Lichter
PO Box 3510
Alpine, WY 83128*
CERTIFIED MAIL NO, NOI: 71969009843000787620
CERTIFIED MAIL NO. FSN: 71969009843000793676
Mary Ellen Conine Lichter
PO Box 3150
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000787613
CERTIFIED MAIL NO. FSN: 71969009843000793683
Nicholas W. Lichter
466 Pine St
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000787606
CERTIFIED MAIL NO. FSN: 71969009843000793690
Nicholas W. Lichter
PO Box 3510
Alpine, WY 83128*
CERTIFIED MAIL NO. N01: 71969009843000787590
CERTIFIED MAIL NO. FSN: 71969009843000793706
Mary Litchter
466 Pine St
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000787583
CERTIFIED MAIL NO. FSN: 71969009843000793713
Mary Litchter
PO Box 3510
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000787576
CERTIFIED MAIL NO. FSN: 71969009843000793720
Mary Ellen Conine Lichter Living Trust
466 Pine St
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000787569
CERTIFIED MAIL NO. FSN: 71969009843000793737
Mary Ellen Conine Lichter Living Trust
PO Box 3510
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000787552
CERTIFIED MAIL NO. FSN: 71969009843000793744
Mary Ellen Conine Lichter Living Trust
PO Box 3150
Alpine, WY 83128*
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000142
Certificate of Sale
Conine Lichter 11 -09745
Page 5 of 7
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
NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
ission Ex ices Jan 19 2015
My commission expires:
1 7 1
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FURTHER AFFIANT SAYETH NAUGHT.
This instrument was acknowledged before me on
day of (3 _t 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
By Patric' nne Michitsch
Castle Sta iarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
Title (and Rank) U
000143
Certificate of Sale
Conine Lichter 11 -09745
Page 6 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE NOTICE
WHEREAS, „default in thepayment principal and interest has oc-
curred`under the terms of a promissory +note (the "Note dated June 24,
2005, executed and delivered by Mary Ellen Conine Lichter and Nicholas
W. Lichter "Mortgagor(s) to Mortgage Electronic Registration Sys-
tems, Inc., as nominee for Ditech.com, Inc., its successors and assigns,
and a real estate mortgage (the "Mortgage of the same date securing the
Note, which Mortgage was executed a delivered by said Mortgagor(s),
to. said Mortgagee, and which Mortgage, was recorded on July 28, 2006,
at Reception No. 920723, in Book 628 at Page 108 in the records of the
office of the County Clerk and ex officio Register of Deeds, in and for
L "incoln.County State of Wyoming; and
WHEREAS,_ the mortgage wasassigned for value as follows:
Assignee: GMAC Mortgage, LLC
Assignment. dated; August 15, 2011
Assignment recorded: August 23, 2011
Assignment recording information; at Reception No. 960668 in Book
771,at Page 568'.
All" in the records of the County Clerk and ex-officio Register of Deeds
in and for Lincoln County, Wyotriing.
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 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 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 $52,877.07 which sum consists of the, unpaid principal; bal
ance of $50,996,35 Plus interest accriued,Lo the date of the first publica-
tion of this notice in the amount of $1,5 plus attorneys' fees,, costs
expended, and accruing interest; and late charges after the date of first
publication, of thus notice of sale;,
W HE R EA S 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
NOW, THEREFORE GMAC Mortgage, LLC, 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. 10;00 o'clock in he forenoon, on, October 11, 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
foliows, to-wit:
LOT NUMBER ONE (1) OF THE REES SUBDIVISION, ACCORD-
ING TO THE OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF
COUNTY CLERK, LINCOLN COUNTY, WYOMING•
with an address of 466 Pine St, Alpine, WY 83128.
Together with all improvernents thereon situate and all fixtures and
GlVIAC Mortgage, LLC
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(11- 09745)0915B
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 ICS
day of 0.0:011 20 it
and the la Z blication being on the to 6 k M) 20 i 1
day of
b YNt
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
el Jensen, Pu
Notary Sig
KEMMERER, WYOMING
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michae Je en, Publisher
ROSEMARY CAPEII E N NOTARY PUBLIC
County of Z t S of
Lincoln Wyoming
...r
My Cnrnmission Expires May S, 2012
Subscribed in my presence and sworn to
before eon this day of
A.D., 20 i r
000144
'age 7 of 7
STATE OF WYOMING
COUNTY OF NATRONA
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 $1,841.76 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 700 .00
Title Commitment 415.00
Statutory Notice Fee 134.16
Record AOM 8.00
Publication Costs 441.60
FTPDD 25.00
Conduct Sale Fee 50.00
Record Cert of Sale 26.00
Record Assign of Cert of Sale 11.00
Record Sherriffs Deed 11.00
Sheriffs Fee Sale 10.00
Sheriffs Fee Deed 10.00
Total $1,841.76
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 SAYETH NAUGHT.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
day of 0 toiae ,fir- 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
NOTLIC Y
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JESSICA DUTY
STATE OF WYOMING
COUNTY OF NATRONA
Commilsiuo Ex fires July 19, 2014
My commission expires;,
EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
By: Patricia Anne Michitsch
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Sg11au e of notarial officer)
Titl (and Ran)
(I 2
Certificate of Sale
Conine Lichter 11 -09745
Page 8 of 7
000145