Loading...
HomeMy WebLinkAbout9617836010918327 CERTIFICATE OF SALE STATE OF WYOMING SS COUNTY OF LINCOLN 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 October 5, 2007, executed and delivered by James Fred Burgman and Karen May Burgman to Chase Bank USA, N.A. and (b) that certain mortgage dated October 5, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 8, 2007, at Reception No. 934718 in Book 678 at Page 169 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 90 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. COSPkg with an address of 200 Scrub Oak Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. RECEIVED 11/8/2011 at 10:12 AM RECEIVING 961783 BOOK: 775 PAGE: 760 JEANNE WAGNER LINCOLN COUNTY CLE :MMERER, WY 000760 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, JPMorgan Chase Bank, National Association, successor by merger with Chase Bank USA, N.A. "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 October 13, 2011 issue of said newspaper and ending with the November 3, 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 November 8, 2011 at 10:00 o'clock in the Certificate of Sale Burgman 09- 20797RRR Page 1 of 7 00076 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 $207,236.16 "Bid Sum which was bid and offered by JPMorgan Chase Bank, National Association, successor by merger with Chase Bank USA, N.A. "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 $5,011.82 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 November 8, 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 8th day of November 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Bart Julander Title: Deputy Sheriff Certificate of Sale Burgman 09- 20797RRR Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SAVANNA MA1.1. NOTARY UBLIC court o 1 WYOMING LINCOLN My Commiston a)tp tt ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by Bart Julander Deputy Sheriff of Lincoln County, State of Wyoming, this 8th day of November 2011. Witness my hand and official seal. Notary Public Certificate of Sale Burgman 09- 20797RRR Page 3 of 7 00070? STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 5, 2007 (the "Mortgage and recorded on November 8, 2007, at Reception No. 934718 in Book 678 at Page 169 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 James Fred Burgman and Karen May Burgman "Mortgagor(s) the named mortgagor(s), and Chase Bank USA, N.A. is the named mortgagee. 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. N01: 70110470000154726818 CERTIFIED MAIL NO. FSN: 70110470000202718376 JPMorgan Chase Bank, National Association, successor by merger with Chase Bank USA, N.A. 10790 Rancho Bernardo Road San Diego, CA 92127* CERTIFIED MAIL NO. NOI: 71969009843000809032 CERTIFIED MAIL NO. FSN: 71969009843000809599 CURRENT RESIDENT 200 Scrub Oak Drive Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000809049 CERTIFIED MAIL NO. FSN: 71969009843000809605 James Fred Burgman 200 Scrub Oak Drive Thayne, WY .83127* CERTIFIED MAIL NO. NOI: 71969009843000809056 CERTIFIED MAIL NO. FSN: 71969009843000809612 James Fred Burgman PO Box 8685 Jackson, WY 83002* CERTIFIED MAIL NO. NOI: 71969009843000809063 CERTIFIED MAIL NO. FSN: 71969009843000809629 James Fred Burgman 200 Scrub Oak Drive Star Valley Ranch, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000809070 CERTIFIED MAIL NO. FSN: 71969009843000809636 James Fred Burgman PO Box 8685 Jackson, WY 83002 -8685 COSPkg EXHIBIT A SS Certificate of Sale Burgman 09- 20797RRR Page 4 of 7 000763 CERTIFIED MAIL NO. N01: 71969009843000809087 CERTIFIED MAIL NO. FSN: 71969009843000809643 Karen May Burgman PO Box 8685 Jackson, WY 83002* CERTIFIED MAIL NO. NOI: 71969009843000809094 CERTIFIED MAIL NO. FSN: 71969009843000809650 Karen May Burgman 200 Scrub Oak Drive Star Valley Ranch, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000809100 CERTIFIED MAIL NO. FSN: 71969009843000809667 Karen May Burgman PO Box 8685 Jackson, WY 83002 -8685 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 28, 2011 and the date of the first publication of the notice of foreclosure sale was October 13, 2011. State of Wyoming County of Natrona This instrument was acknowledged before me on 3 day of `T) 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC NANCY KEENER `;ATE QF INVONI.NG :out\I1'V or NATRONA Y;�'r� +,7ln =tkXia Er Jan 15 2015 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. �By: atricia ne Michitsc Castle Stawi.rski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 -77 Od'vC O o (Signature of hotariaf officer) Title (and Rank) Certificate of Sale Burgman 09- 20797RRR Page 5 of 7 0007G4 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has oc- curred under the terms of a promissory note (the "Note") dated October 5, 2007, executed and delivered by James Fred Burgman and Karen May Burgman "Mortgagor(s) to Chase Bank USA. N.A., 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 November 8,2,007, at Reception No. 934718 in Book 678 at Page 169 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 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 $201,775.55 which sum consists of the unpaid principal balance of $167,976.29 plus interest accrued to the date of the first pub- lication of this notice in the amount of $33,799.26, 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 JPMorgan Chase Bank, National Association, successor by .,merger with Chase Bank USA, N.A., as the Mortgagee, 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 Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on November 8, 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 90 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 200 Scrub Oak Drive, Thayne, WY 83127. Together with all improvements thereon situate and all fixtures and appurtenances thereto. JPMorgan Chase Bank, National Association, successor by merger with Chase Bank USA, N.A. By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 3335379 PUBLISH: Oct. 13, 20, 27, Nov. 3, 2011 (09-20797RRR) 1013A uvarkg EXHIBIT B PUBLISHER'S AFFIDAVIT 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 13 ‘3 Ph) 20 it day of and the last publication being on the "I0'00PA [MI5) 20 _11_; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) day of Michael KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN n, Publisher R OSLMARY CAPELI.FN NOTARY PUBLIC County of :,4 State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this day of A.D., 20 i( el Jensen, Pu Notary Sig Uertlncate oT Sale Surgman 09- 20797RRR Page 6 of 7 000765 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 $5,011.82 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 AFFIA SAYE N NAUGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on 3 day of cry- 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. STATE OF RAa7e�rt<:,, ,j uiNITY OF NATRONA .Jan 'V9 2015 My commission expires: COSPkg Attorney Fees (Foreclosure) Statutory Notice Fee FTP Update x 3 Demand Letter prep 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 Total EXHIBIT C AFFIDAVIT OF ATTORNEY SS By: :Patricia Anne [chitsc Castle Stawiarski, LC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature o notarial officer) Title (and Rahh) 600.00 100.62 375.00 50.00 372.60 50.00 26.00 11.00 11.00 10.00 10.00 3,395.60 $5,011.82 Certificate of Sale Burgman 09- 20797RRR Page 7 of 7 000'700