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HomeMy WebLinkAbout962587STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE .41 THIS CERTIFICATE OF SALE is made and delivered this W. day of December, 2011, by the undersigned Sheriff of Lincoln County, Wyoming, to Donald O. Coleman: WITNESSETH: 00842 WHEREAS, Michael Roberts as mortgagor did execute a Mortgage to Donald O. Coleman, as mortgagee securing the original obligation of $98,000.00, which mortgage was recorded was recorded on January 11, 2010 in Book 739, page 567 in the office of the Lincoln County Clerk in Kemmerer, Wyoming affecting real property legally described as Lot 65 of Leon Livingston Subdivision, Lincoln County, Wyoming, as shown by the official plat of said subdivision filed in the Office of the Clerk of Lincoln County, Wyoming; and WHEREAS, default has occurred in the payment of the amount owed to the mortgagee under the Mortgage which mortgage contained a power of sale having been made operative by reason of such default and 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 evidence by the attached Attorney's Affidavit; and WHEREAS, notice as required by law has been given and published of the sale of said premises by being published for four (4) consecutive weeks on August 25, September 1, 8, 15, 2011 in the Star Valley Independent, a newspaper of general circulation printed and published in Kemmerer, Lincoln County, Wyoming, and that said Notice specified as evidenced by the attached Affidavit Of Publication: 1. The name of the property owner and the mortgagee; 2. The date of the mortgage and the date and place where recorded; 3. The amounts claimed to be due thereon at the date of the Notice; 4. The description of the mortgaged premises conforming to that on which the mortgage was placed; and 5. The time and place of sale; and WHEREAS, said sale was held at public venue in accordance with said Notice of Sale and at the time and place therein set forth, to -wit: At 10:00 o'clock in the morning on the 20th day of September, 2011 at the front door of the Lincoln County Courthouse, Kemmerer, Lincoln County, Wyoming, said sale being made by the undersigned; and RECEIVED 1/4/2012 at 3:30 PM RECEIVING 962587 BOOK: 778 PAGE: 842 JEANNE WAGNER OLN COUNTY CLERK, KEMMERER, WHEREAS, at said sale, Donald O. Coleman purchased the real estate above described for the sum of Ninety Seven Thousand Dollars ($97,000.00.); and WHEREAS per the attached Attorney's Affidavit there has been no agreement, express or implied between Hess Carlman D'Amours, LLC, and Donald O. Coleman, nor between Hess Cadman D'Amours, LLC, and any other person for a sharing or division of the attorney's fees added to the mortgage debt involved and said attorney's fees added to the mortgage debt is compensation for services actually rendered in the foreclosure proceeding; NOW, THEREFORE, by virtue of the sale, the purchase and the payment of said money as aforesaid by said purchaser, and by virtue of the authority vested in me by law, I hereby give and grant this Certificate of Sale to the said Donald O. Coleman, whose address is 10900 S. Dora, Jackson, Wyoming 83001, and do hereby certify that at the time of the expiration of the period of redemption provided by law (three months and thirty days from September 20, 2011), by virtue of said sale, provided only that said real estate is not redeemed prior to that time, I will give and grant unto said purchaser or its assignee, a Sheriff's Deed conveying all of the title in and to said premises and all thereof, held by said mortgagor, at the time of the execution of said mortgage, or at any time since acquired. IN WITNESS WHEREOF, I have duly executed this Certificate of Sale the day and year first above written. STATE OF WYOMING COUNTY OF LINCOLN On this ZZ day of December, 2011, before me personally appeared Shane Johnson, to me known to be the Sheriff of Lincoln County, Wyoming, and the person who executed the foregoing instrument and acknowledged that he is the Sheriff of Lincoln County, Wyoming, and who executed the same as his free and voluntary act. WITNESS my hand and official seal. f 4 DANIELLE HALE NOTARY PUBLIC 0 COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION PIRES MAR. 1,2014 Sheriff of Lincoln County, Wyoming Shane Johnse Notary Public My commission expires: ill° a ...1 ,Z61 Cf" 00843 ATTORNEY'S AFFIDAVIT Frank Hess, being duly sworn, deposes and says: 1. I am a licensed Wyoming attorney with my office in Jackson, Wyoming, and am the attorney of record for Donald O. Coleman in the matter of the foreclosure of Michael Roberts's real property set forth below, and have personal knowledge of the facts set forth in this affidavit. 2. Michael Roberts as mortgagor did execute a Mortgage to Donald O. Coleman, as mortgagee, which Mortgage was recorded on January 11, 2010 in Book 739, page 567 in the office of the Lincoln County Clerk in Kemmerer, Wyoming encumbering Lot 65 of Leon Livingston Subdivision, Lincoln County, Wyoming, as shown by the official plat of said subdivision filed in the Office of the Clerk of Lincoln County, Wyoming. 3. Written notice of intent to foreclose the Mortgage by advertisement and sale was served upon the record owner Michael Roberts by U.S. Mail to his mailing addresses at least ten (10) days before commencement of the first publication of the notice of the foreclosure sale. Specifically Notice Of Intent To Foreclose was mailed via Certified Mail on August 12, 2011 to Michael Roberts at P. O. Box 5417, Etna, Wyoming 83118 and P. O. Box 3983, Alpine, Wyoming 83128. A copy of the Foreclosure Sale Notice as published in the Star Valley Independent was mailed via Certified Mail on August 18, 2011 to Michael Roberts at P. O. Box 5417, Etna, Wyoming 83118 and P. O. Box 3983, Alpine, Wyoming 83128. Proof of the certified mailings and the affidavit of publication are attached hereto. 4 The Foreclosure Sale Notice was printed in the Star Valley Independent newspaper on August 25, September 1, 8, 15, 2011 with the Mortgage Foreclosure Sale held on September 20, 2011 by the Lincoln County Sheriff on the steps of the Lincoln County Courthouse in Kemmerer, Wyoming. 5. There has been no agreement, express or implied between the undersigned attorney and Donald O. Coleman, nor between the undersigned and any other person for a sharing or division of the attorney's fees added to the mortgage debt involved and said attorney's fees added to the mortgage debt is compensation for services actually rendered in the foreclosure proceeding. 0 8 ;4 4 DATED this day of December, 2011. STATE OF WYOMING COUNTY OF TETON WITNESS my hand and official seal. Frank Hess Hess Carlman D'Amours, LLC Attorney for Donald O. Coleman Post Office Box 449 Jackson, WY 83001 (307) 733 -7881 phone The foregoing instrument was subscribed and sworn to before me this, /if U day of December, 2011, by Frank Hess, who does verify that the foregoing statements are true and correct to the best of his knowledge. Notary Public My commission expires: ,f. .00845 Frank Hess Leonard R. Carlman (307) 733 -7881 Voice (307) 733-7882 Fax frank@hcdlawyers.com August 12, 2011 Michael Roberts P. O. Box 5417 Etna, WY 83118 Hess Carlman D'Amours, LLC Attorneys at Law 30 East Simpson Street Post Office Box 449 Jackson Hole, Wyoming 83001 -0449 Mickey Roberts P. O. Box 3983 Alpine, WY 83128 Andrew Thomason/ Bethany Thomason P. O. Box 3223 Alpine, WY 83128 CERTIFIED MAIL: RETURN RECEIPT REQUESTED NOTICE OF ACCELERATION OF DEBT AND INTENT TO FORECLOSE BY ADVERTISEMENT AND SALE 00846 Paul D'Amours (Licensed in Wyo,,Colo. Id.) I represent Donald O. Coleman who is the holder of the Promissory Note and Mortgage dated January 8, 2010. The Promissory Note calls for monthly payments of $750.00. You have failed to pay the July 1, 2011 payment of $750.00. Additionally you have failed to keep the property insured as required under the Mortgage. The failure to pay the monthly mortgage amount and to keep the property insured are material defaults under the Promissory Note and Mortgage. Notice Of Default was sent to you on July 11, 2011, but the default was not cured. Donald O. Coleman has elected to accelerate the entire remaining principal balance plus interest and instituted foreclosure proceedings against Lot 65 of the Leon Livingston Subdivision in Alpine, Wyoming as secured by that Mortgage instrument filed in the office of the Lincoln County Clerk on January 11, 2010 in Book 739, page 567. Per the default terms of the Promissory Note and Mortgage, the holder has elected to accelerate the balance owed on the Promissory Note, making the entire amount due under the Promissory Note as of the date of this letter in the amount of $95,803.71 plus attorney's fees of $500.00. As required by Wyoming Statute 34 -4 -103, this letter serves as notice of intent to foreclose by advertisement and sale. On August 25, 2011 publication of notice of Pat Michael Legal Assistant 00847 foreclosure sale will be commenced in the Star Valley Independent newspaper in Afton, Lincoln County, Wyoming with a sheriff's sale held on September 20, 2011 at 10:00 a.m. at the Lincoln County Courthouse in Kemmerer, Wyoming. We will proceed with foreclosure proceedings until such time as payment of the full amount on the note is received. Please note that the amount owed will substantially increase once foreclosure proceedings are instituted as the attorney's fees and publication costs will be added to the amount owed. Sincerely, Frank Hess cc: Donald 0. Coleman o x a 00848 7010 0290 0003 4315 3613 ra m 0- a o q o 32 F. O a13 0 31= 338 a -24 0 nm a T g m m J O L L m 4/ Cam--; \Jr m T 20w CD Q r l m m Lu c._ I 0 V w ec e. U a O CD o W o I y U o LE9E STEh E000 0620 OTOL hh9E STEth E000 0620 OTOL TS9E STEh EOOO 0620 OTOL 00849 FORECLOSURE SALE NOTICE Notice is hereby given that on the 8th day of January, 2010, Michael Roberts executed a Mortgage, as Mortgagor, in favor of Donald O. Coleman as Mortgagee, which Mortgage was recorded on January 11, 2010 in Book 739, page 567 in the office of the Lincoln County Clerk in Kemmerer, Wyoming, mortgaging the following described real property, namely; Lot 65 of Leon Livingston Subdivision, Lincoln County, Wyoming, as shown by the official plat of said subdivision filed in the Office of the Clerk of Lincoln County, Wyoming. The mortgaged property has a street address of 571 E. Cottage Lane, Alpine, Wyoming. Said Mortgage secures payment of a Promissory Note executed on the 8th day of January, 2010, in favor of Donald O. Coleman in the original amount of $98,000.00. The maker of said note is in default having not made monthly payments of principal and interest due thereunder, and thus a default in the requirements and conditions of said Mortgage has become operative. The amount due and owing on the date of the first publication of this notice of sale is $95,803.71 plus interest, late fees, costs of publication and foreclosure, and attorney's fees accruing after the date of first publication of this notice of sale. Donald O. Coleman has elected to declare the entire unpaid balance of the Mortgage debt due and payable and to exercise the power to foreclose said Mortgage by advertisement and sale as provided for in the Mortgage. No suit or proceeding has been instituted at law to recover the debt now remaining secured by said Mortgage or any part thereof. The mortgage holder gave notice of not less than ten (10) days from the date of said notice to Michael Roberts by certified mail, return receipt requested, as the record owner, and to Andrew Thomason and Bethany Thomason, by certified mail, return receipt requested, as the persons in possession of said mortgaged property, of the intent of Donald O. Coleman to commence foreclosure of said Mortgage by advertisement and sale. The property may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective purchaser should research the status of title before submitting a bid. Pursuant to said Mortgage and the Wyoming statutes, said Mortgage will be foreclosed and the above described mortgaged premises will be sold at public auction to the highest bidder for cash, by the Sheriff of Lincoln County, Wyoming, or his agent, on September 20, 2011, at 10:00 o'clock a.m., at the front door of the Lincoln County Courthouse, 925 Sage Avenue, Kemmerer, Wyoming. Publish: August 25, September 1, 8, 15, 2011 Frank Hess Hess Carlman D'Amours, LLC P. O. Box 449 30 E. Simpson Street Jackson, WY 83001 307 -733 -7881 phone 307 733 -7882 fax f0'0 8 ti 0 I SARAH HALE, Managing Editor of the Star Valley Independent, published weekly at Afton, Lincoln County, Wyoming, do solemnly swear that the notice, a copy of which is hereto attached, was published weekly in the regular and entire issue of said newspaper, and not in any supplement thereof, for f =e v consecutive issues, commencing with the issue date /94.e9 5 2011, and ending with issue date 5e 2011. Subscri ed and sworn in before me this 4 4 j:U2,0101N A. 2011. My commission expires August 31, 2013 FORECLOSURE SALE NOTICE Notice is hereby given that on the 8th day of January, 2010, Michael Roberts executed a Mortgage, as Mortgagor, in favor of Donald O. Coleman as Mortgagee, which Mortgage was recorded on January 11, 2010 in Book 739, page 567 in the office of the Lincoln County Clerk in Kemmerer, Wyoming, mortgaging the following described real property, name- ly; Lot 65 of Leon Livingston Subdivision, Lincoln County, Wyoming, as shown by the offi- cial plat of said subdivision filed in the Office of the Clerk of Lincoln County, Wyoming. The mortgaged property has a street address of 571 E. Cottage Lane, Alpine, Wyoming. Said Mortgage secures payment of a Promissory Note executed on the 8th day of January, 2010, in favor of Donald O. Coleman in the original amount of day of $98,000.00. The maker of said note is in default having not made monthly payments of principal and interest due there- under, and thus a default in the requirements and conditions of said Mortgage has become operative. The amount due and owing on the date of the first publication of this notice of sale is $95,803.71 plus interest, late fees, costs of publication and foreclosure, and attorney's fees accruing after the date of first publication of this notice of sale. Donald O. Coleman has elected to declare the entire unpaid balance of the Mortgage debt due and payable and to exercise the power to foreclose said Mortgage by advertise- ment and sale as provided for in the Mortgage. No suit or pro- ceeding has been instituted at law to recover the debt now remaining secured by said 00851 Mortgage or any part thereof. The mortgage holder gave notice of not less than ten (10) days from the date of said notice to Michael Roberts by certified mail, return receipt requested, as the record owner, and to Andrew Thomason and Bethany Thomason, by certified mail, return receipt requested, as the persons in possession of said mortgaged property, of the intent of Donald O. Coleman to commence foreclosure of said Mortgage by advertisement and sale. The property may be sub- ject to other liens and encum- brances that will not be extin- guished at the sale and any prospective purchaser should research the status of title before submitting a bid. Pursuant to said Mortgage and the Wyoming statutes, said Mortgage will be foreclosed and the above described mortgaged premises will be sold at public auction to the highest bidder for cash, by the Sheriff of Lincoln County, Wyoming, or his agent, on September 20, 2011, at 10:00 o'clock a.m., at the front door of the Lincoln County Courthouse, 925 Sage Avenue, Kemmerer, Wyoming. Publish August 25 September 1, 8 15, 2011