HomeMy WebLinkAbout961336100//014 SS(p
STATE OF WYOMING
COUNTY OF LINCOLN
c ,Inn at. 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 May 30, 2007, executed and delivered by Dwayne
Ridgway to Mortgage Electronic Registration Systems, Inc., as nominee for First
Franklin Financial Corp., an Op. Sub. Of MLB &T Co., FSB and (b) that certain
mortgage dated May 30, 2007 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on June 1, 2007 and re- Recorded on: June 18, 2007, at
Reception No. 929939 in Book 660 at Page 309 and re- Recorded at Reception
No. 930425 in Book 662 at Page 310 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:
The mortgage was assigned for value as follows:
Assignee: First Franklin Financial Corporation
Assignment dated: June 19, 2009
Assignment recorded: September 25, 2009
Assignment recording information: at Reception No. 947956 in Book 726 at Page
205
Assignee: First Franklin Financial Corporation
Assignment dated: January 27, 2009
Assignment recorded: February 9, 2009
Assignment recording information: at Reception No. 945172 in Book 715 at Page
130
Assignee: Residential Credit Solutions, Inc.
Assignment dated: July 29, 2011
Assignment recorded: August 18, 2011
Assignment recording information: at Reception No. 960620 in Book 771 at Page
392
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CERTIFICATE OF SALE
SS
with an address of 38 Pine Street, Alpine, WY 83128
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
RECEIVED 10/11/2011 at 10:40 AM
RECEIVING 961336
BOOK: 774 PAGE: 146
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000146
LOT 15 REES SUBDIVISION AS SHOWN BY THE OFFICIAL
PLAT THEREOF RECORDED SEPTEMBER 1, 1955 IN BOOK 11
OF P.R., PAGE 507 IN THE OFFICE OF THE RECORDER OF
LINCOLN COUNTY, WYOMING, AND BEING PART OF THE
NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 20,
TOWNSHIP 37 NORTH, RANGE 118 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, AS PLAT NO, 171.
Certificate of Sale
Ridgway 10 -22539
Page 1 of 7
000147
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, Residential Credit Solutions, Inc.
"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
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
$463,356.68 "Bid Sum which was bid and offered by Residential Credit
Solutions, Inc. "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 $2,728.08 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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Certificate of Sale
Ridgway 10 -22539
Page 2 of 7
DATED at Kemmerer, Lincoln County, State of Wyoming, this
day of n 2011.
STATE OF
COUNTY OF
The foregoing instrument was subscribed in my presence and
acknowledged before me by C nr L
Deputy Sheriff of Lincoln County, State of Wyoming, this day of
2011.
My Commission Expires:
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WYOMING
LINCOLN
By:
ACKNOWLEDGMENT
SS
Witness my hand and official seal.
Notary Public
SAVANNA L. KRALL NOTARY PUBLIC
STATE OF
WYOMING
COUNTY OF
LINCOLN
My Commission Expires
m. «A
000148
Sheriff in and for Lincoln County, State
of Wyoming
Print Name: r,„
Skenc
Title:
IL vk
Certificate of Sale
Ridgway 10 -22539
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
090149.
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 May 30, 2007 (the "Mortgage and recorded
on June 1, 2007 and re- Recorded on: June 18, 2007, at Reception No. 929939
in Book 660 at Page 309 and re- Recorded at Reception No. 930425 in Book 662
at Page 310 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 Dwayne
Ridgway "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic
Registration Systems, Inc., as nominee for First Franklin Financial Corp., an Op.
Sub. Of MLB &T Co., FSB is the named mortgagee, which Mortgage was
assigned for value as follows:
Assignee: First Franklin Financial Corporation
Assignment dated: June 19, 2009
Assignment recorded: September 25, 2009
Assignment recording information: at Reception No. 947956 in Book 726 at Page
205
Assignee: First Franklin Financial Corporation
Assignment dated: January 27, 2009
Assignment recorded: February 9, 2009
Assignment recording information: at Reception No. 945172 in Book 715 at Page
130
Assignee: Residential Credit Solutions, Inc.
Assignment dated: July 29, 2011
Assignment recorded: August 18, 2011
Assignment recording information: at Reception No. 960620 in Book 771 at Page
392
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
Ridgway 10 -22539
Page 4 of 7
CERTIFIED MAIL NO. N01: 71969009843000786425
CERTIFIED MAIL NO. FSN: 71969009843000793478
Residential Credit Solutions, Inc.
4282 N. Freeway
Fort Worth, TX 76137*
CERTIFIED MAIL NO. NOI: 71969009843000786418
CERTIFIED MAIL NO. FSN: 71969009843000793485
CURRENT RESIDENT
38 Pine Street
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000786401
CERTIFIED MAIL NO. FSN: 71969009843000793492
Dwayne Ridgway
38 Pine Street
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000786395
CERTIFIED MAIL NO. FSN: 71969009843000793508
Dwayne Ridgway
970 West Broadway 344
Jackson, WY 83001*
CERTIFIED MAIL NO. NOI: 71969009843000786388
CERTIFIED MAIL NO. FSN: 71969009843000793515
Kleinsmith Associates, P.C.
6035 Erin Park Dr. Ste 203
Colorado Springs, CO 80918*
CERTIFIED MAIL NO. NOI: 71969009843000786371
CERTIFIED MAIL NO. FSN: 71969009843000793522
Kleinsmith Associates, P.C.
c/o Philip M. Kleinsmith
6035 Erin Park Dr. Ste 203
Colorado Springs, CO 80918*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was August 29, 2011 and the date of the first publication of the
notice of foreclosure sale was September 15, 2011.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
to day of (3 0_ 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
JombEtaa
NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
My Commissian Ex irns Jan 19 201
..asa�aaa..�, a-r
My commission expires:
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FURTHER AFFIANT SAYETH NAUGHT.
1 9 0.‘
1)/
By: Patricia Arine Michitsn
Castle Stawirski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature ofrotarial officer)
Title (and Rank)
000150
Certificate of Sale
Ridgway 10 -22539
Page 5 of 7
LE NOTICE
WHBREAS, default in the payment of principal and interest has oc-
urredxunder the fornsxof a promi soi note (the "Note dated May 30,
2007
eX0 delivered by Dwayne :Ridgway "Mortgagor(s) to
Mortgage, Electronic Registration Systems, Inc., as nominee for First
Franklin Financial Corp., an Op. Sub.' Of MLB &T Co., FSB, and a real
estate mortgage (the "Mortgage") of the ;same date securing the Note,
which Mortgage was executed and delivered by said Mortgagor(s), to
said 'Mortgagee, and which Mortgage was recorded on June 1, 2007 at
Reception Not 929939 in Book 660 at Page 309 and re- Recorded on June
18, 2007 at Reception No. 930425 in Book 662 at Page 310 in the records
of the office of the County Clerk and ex- officio Register of Deeds in and
for Lincoln County, State of Wyo lxiing; .and
WHEREAS, the mortgage was assigned for value as follows:'
Assignee: First Franklin Financial Corporation,
Assignment dated: January 27, 2009
Assignment recorded: February 9, 2009 and Re- Recorded June 25,
2 ®09
Assignment`r recording information: at Reception No. 945172 in Book
715 at Pa 130'
Assignee: First Franklin Financial Corporation
Assignment dated:lune 19, 2009
Assignment recorded: June 25, 2009
Assignment recording information: at Reception No. 947956 in B
726 at Page 205
Assignee: Residential Credit Solutions In
Assignment dated. July 29, 2011
Assignment recorded: August 18, 2011
Assignment recording information: at Reception No. 960620 in Book
771 at Page 392
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 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 $458,180.87 which ;sun} Consists of the unpaid principal
balance of $402,462.44 plus interest accrued 'to the date of the first pub-
lication of this notice in the amount of $55,718.43 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 Residential Credit Solutions, Inc. as the Mort-
gagee, will have the Mortgage ^foreclosed" as by law provided by causing
the mortgaged property to be sold at public venue by the Sheriff or Deputy
Sheriffin and for Lincoln County,; Wyoming to the highest bidder for cash
at 10 :00 o'clock in the forenoon o'n October 11, 2011 at the front door of
the Lincoln County Courthouse Iodated' at 925 Sage Avenue, Kemmerer,
WY, Lin County, for application on the above described amounts
secured `b y the Mortgage, said mortgaged property being described as
follows, to -wit:
LOT 15 REES SUBDIVISION AS SHOWN BY THE OFFICIAL
PLAT THEREOF RECORDED SEPTEMBER 1,1955 IN BOOT( 11 OF
P.R., PAGE 507 IN THE OFFICE OF, THE RE CORDER OF LINCOLN
COUNTY, WYOMING, A ND BEING PAR T` OF THE NORTH HALF
OF THE SOUTHEAST QUARTER OF SECTION�;20, TOWNSHIP 37
NORTH RANGE ;l.I8 W TI SIXTH PRINCIPAL MERID-
1AN, AS PLAT NO.171.'',
with,an address�c 38.Pine Street, Al ne, WY 83128,
Together, with' all' irri overneuts thereo situate and ail; n
appurtenances there
PUBLISH: Sent.
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
PUBLISHER'S AFFIDAVIT
es,.`and
uential Credit Solutions, I nc.
B y: Castle Stawiarski, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 0000
5
Oct. 6, 2011 (10- 22539) (307) 3330:133719I
EXHIBIT B
day of
and the last
day of
by
Michael
Notary Signat
KEMMERER, WYOMING
ns
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
I I 144 1'. I f I
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 i 5
hsh) 20 I
ublication being on the
F Y� 20 1(
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
n, Publisher
ROSEMARY CAPELLEN NOTARY PUBLIC
County of 4: s, State of
Lincoln V Wyoming
My im
y C mIssssion F xpi es May 5, 20I2
in
Subscribed in my presence and sworn to
before -n, on this (p day of
:k b SJ A.D
I Jensen, Publislle
Ridgway 10 -22539
Page 6 of 7
000151
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 $2,728.08 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 AFFJ-NT SAYT H NAUGHT.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
Lc, day of 0 e 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
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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
Sheriff's Fee Sale
Sheriff's Fee Deed
Total $2,728.08
NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
My Commission Ex Tres Jan 19 2015
a- a- aaasc'
My commission expires:
EXHIBIT C
AFFIDAVIT OF ATTORNEY
S S
Patricia e MichitscV
/Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
Title (and Rankf
600.00
1,230.00
67.08
11.00
150.00
552.00
50.00
26.00
11.00
11.00
10.00
10.00
Z
Certificate of Sale
Ridgway 10 -22539
Page 7 of 7