HomeMy WebLinkAbout962886115920
STATE OF WYOMING
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 June 26, 2009, executed and delivered by Michael
A. Welker to Mortgage Electronic Registration Systems, Inc., as nominee for
MetLife Home Loans, a Division of MetLife Bank, N.A. its successors and
assigns and (b) that certain mortgage dated June 26, 2009 (the "Mortgage
securing said note, which Mortgage was executed and delivered by said
mortgagor(s), to said mortgagee, and was recorded on June 30, 2009, at
Reception No. 948043 in Book 726 at Page 479 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: MetLife Home Loans, a division of MetLife Bank, N.A.
Assignment dated: November 2, 2011
Assignment recorded: November 16, 2011
Assignment recording information: at Reception No. 961956 in Book 776 at Page
348
All in the records of the County Clerk and ex- officio Register of Deeds in and for
Lincoln County, Wyoming.
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CERTIFICATE OF SALE
SS
UNIT 402 OF BUILDING 400, STATELINE CONDOMINIUMS,
PHASE III, AS SHOWN ON THE OFFICIAL PLAT THEREOF
FILED ON AUGUST 13,2008, AS DOCUMENT NO. 941246, AS
PLAT NO. 941246, IN THE OFFICE OF THE CLERK OF LINCOLN
COUNTY, WYOMING, ALSO BEING A PART OF LOT 4,
STATELINE ESTATES, AS SHOWN ON THE OFFICIAL PLAT
THEREOF FILED ON NOVEMBER 17, 2005, AS DOCUMENT NO.
913797, AS PLAT NO. 293 -E, IN THE OFFICE OF THE CLERK
OF LINCOLN COUNTY, WYOMING, AND FURTHER DEFINED
AND DESCRIBED IN THAT CERTAIN DECLARATION OF
COVENANTS, COVENANTS, CONDITIONS AND RESTRICTIONS
FOR STATELINE CONDOMINIUMS LOCATED IN FREEDOM,
LINCOLN COUNTY, WYOMING, CREATED BY DOCUMENT NO.
941249, IN BOOK 702, AT PAGE 268 OR SET FORTH IN THE
RELATED BYLAWS IN ANY INSTRUMENT CREATING THE
ESTATE OR INTEREST INSURED BY THIS POLICY; AND IN
ANY OTHER ALLIED INSTRUMENT REFERRED TO IN ANY OF
THE INSTRUMENTS AFORESAID.
with an address of 74 James Way, Freedom, WY 83120
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
RECEIVED 1/24/2012 at 10:53 AM
RECEIVING 962886
BOOK: 779 PAGE: 721
JEANNE WAGNER
LINCOLN COUNTY CLEPV "cMMERER, WY
Certificate of Sale
Welker 11 -14267
Page 1 of 7
00721
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, MetLife Home Loans, a division
of MetLife Bank, 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 December 29, 2011 issue of
said newspaper and ending with the January 19, 2012 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 January 24, 2012 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
$161,298.72 "Bid Sum which was bid and offered by MetLife Home Loans, a
division of MetLife Bank, 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 $2,562.29 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 January 24, 2012, 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
Welker 11 -14267
Page 2 of 7
uu722
DATED at Kemmerer, Lincoln County, State of Wyoming, this
24th day of January 2012.
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my presence and
acknowledged before me by Cory Stoof
Deputy Sheriff of Lincoln County, State of Wyoming, this 24TH_ day of
January 2012.
My Commission Expires:
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ACKNOWLEDGMENT
SS
Witness my hand and official seal.
V6070li tiv(" 't
SAVANNA v L L I..�N U 4'U•t�LIC
SV i +lidi E
p STATE CF
COUNT Ll WYOMING
My Com mi;siun Expires
®s
M Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name: Cory Stoof
Title: Deputh Sheriff
Notary Public
Certificate of Sale
Welker 11 -14267
Page 3 of 7
00723
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
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 26, 2009 (the "Mortgage and recorded
on June 30, 2009, at Reception No. 948043 in Book 726 at Page 479 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 Michael A. Welker
"Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration
Systems, Inc., as nominee for MetLife Home Loans, a Division of MetLife Bank,
N.A. its successors and assigns is the named mortgagee, which Mortgage was
assigned for value as follows:
Assignee: MetLife Home Loans, a division of MetLife Bank, N.A.
Assignment dated: November 2, 2011
Assignment recorded: November 16, 2011
Assignment recording information: at Reception No. 961956 in Book 776 at Page
348
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: 71969009843000851154
CERTIFIED MAIL NO. FSN: 71969009843000854773
CERTIFIED MAIL NO. AFSN: 71969009843000869425
MetLife Home Loans,
a division of MetLife Bank, N.A.
4000 Horizon Way Suite 100
Irving, TX 75063*
CERTIFIED MAIL NO. NOI: 71969009843000851178
CERTIFIED MAIL NO. FSN: 71969009843000854780
CERTIFIED MAIL NO. AFSN: 71969009843000869432
CURRENT RESIDENT
74 James Way
Freedom, WY 83120*
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Certificate of Sale
Welker 11 -14267
Page 4 of 7
00724
CERTIFIED MAIL NO. NOI: 71969009843000851185
CERTIFIED MAIL NO. FSN: 71969009843000854797
CERTIFIED MAIL NO. AFSN: 71969009843000869449
Michael A. Welker
74 James Way
Freedom, WY 83120*
CERTIFIED MAIL NO. NOI: 71969009843000851192
CERTIFIED MAIL NO. FSN: 71969009843000854803
CERTIFIED MAIL NO. AFSN: 71969009843000869456
Michael A. Welker
74 James Way
Freedom, WY 83120 -8800*
CERTIFIED MAIL NO. NOI: 71969009843000851208
CERTIFIED MAIL NO. FSN: 71969009843000854810
CERTIFIED MAIL NO. AFSN: 71969009843000869463
Michael A. Welker
P.O. Box 3033
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000851215
CERTIFIED MAIL NO. FSN: 71969009843000854827
CERTIFIED MAIL NO. AFSN: 71969009843000869470
Lincoln County Treasurer
P.O. Box 630
Kemmerer, WY 83101*
CERTIFIED MAIL NO. NOI: 71969009843000851222
CERTIFIED MAIL NO. FSN: 71969009843000854834
CERTIFIED MAIL NO. AFSN: 71969009843000869487
Stateline Condo Homeowners Association
11 Ross Road
Thayne, WY 83127
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was November 23, 2011 and the date of the first publication of the
notice of foreclosure sale was December 29, 2011.
State of Wyoming
County of Natrona
day of
Castle Stawiarski, LLC.
NO GARY PLJt3L.MC:
;X �C i_ LREUCHARZ
STA'F1. OF WYOMING
r0UN'rY OF NATRONA
t` PAY a sti i r4�r� nor ,Lan 19, 2015
4 :1'. rRr. asShaa,. inrW x r '.;ET. a: K,E).V tl
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FURTHER AFFIANT SAYETH NAUGHT.
My commission expires
,.By: Patricia Anne Michitsch'
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
2012 by Pat jcia Ann- ichitsch as attorney of
Certificate of Sale
Welker 11 -14267
Page 5 of 7
00'725
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
ORECLOSURE SALE NOTICE
h' d.S, defaulti i n the payment'of principal and
cared der the terms' of a promissor note (the °Note interest dated Juhas ne oc 26,
2009 e anal delivered by A. Welker ("Mortgagor(s)") to
Mortgage Electronic' Registration Systems, Inc., as nominee for MetLife
Home Loansi, a l: \010a'of MetLife Bank, N.A. its successors and assigns,
.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 Mortgage was recorded on June 30, 2009,
at "Reception No. 948043 In took 726. at Page 479 in the records of the
officie of the "County Clerk and ex- officio Register of Deeds in and for
Lincoltn State of Wyoming; and
WHEREAS, the mortgage was assigned for value as follows:
Ass gnee:tiMetLife Home Loans, a division of MetLife Bank, N.A.
Assignent!dated: November 2, 2011
Assignment recorded: November 16, ,2011
yAssignnie information: at Reception No. 961956 in Bo
776 a t Pag 34$
All i n the records of the County Clerk and ex- officio Register of Deeds
in and for Lincoln County, Wyo ming.
W the Mortgage contains a power of sale which by reason
of said default the Mortgagee declares to have become operative, and no
snit or proceeding has been instituted at law to recover the debt secured
b t he°Mortgage, S or g any°part thereof, nor has any such suit or proceedin
been instt e and tg discontinued; and
WHEREAS, wr tten notice of intent to foreclose the Mortgage by
lverti and s ale' has been served "upon the record owner`and the
rty in!possession =of themmortgaged premises at least ten (10) days prior
to the commencement of this publication, and the amount due upon the
ortgage on, date of first publication of this notice of sale being the
tal sum of $1 57,288.41" which sum consists of the unpaid principal
lance; of $153,484.19 plus interest accrued to the date of the first pub
tion thisoticein the amount of $4,349.32, plus attorneys' fees,
costs expended, and accru 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 MetLife Home Loans, a division of MetLife
nk, N.A., as the Mortgagee, will have the Mortgage foreclosed as by
v provided by causing them ortgaged 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 January
2012 at the front door of the Lincoln County Courthouse located at
925 Sage Avenue, WY, Lincoln County, for application on
the above described amounts secured by the Mortgage, said mortgaged
property being described as follows, to -wit:
UNIT, 402 OF ;BUILDING 400, STATELINE CONDOMINIUMS,
ASE III, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED
ON AUGUST 13,2008, AS DOCUMENT NO. 941246, AS PLAT NO.
[246, IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY,
COMING, ALSO BEING A PART OF LOT 4, STATELINE ES-
PES, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED ON
OVEMBER 17, 2005, AS DOCUMENT NO. 913797, AS PLAT NO.
293 IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY,
W
'OMING, AND FURTHER DEFINED AND DESCRIBED IN THAT
RTAIN DECLARATI(N OF COVENANTS, COVENANTS, CON
pEIT ANDRl3aS FOR STATELINE CONDO
MI-
[S LOCATED IN FREEDOM, LINCOLN COUNTY, WYOMING,
FATED BY DOCUMENT NO. 941249 IN BOOK 702, AT PAGE
OR SET FORTH IN THE RELATED BYLAWS IN ANY INSTRU-
NT CREATING THE ESTATE OR INTEREST INSURED BY THIS
POLICY; AND IN'ANY OTHE IED INSTRUMENT REFERRED
TO INFANY'OF T HE INSTRi�TMENTS AFORE
with an address, of 74 James Way, Freedom, WY' 83120.
Together with att i 'IPxovernents thereon situate and all fixtures and
Home. Loans, a division of MetLife Bank, N.A.
By: Castle Stawiarski, LLC
330 S. Walsh Dr Ste. 202
Casper, WY 82609 -0000
PUBLISH: Dec. 29, 2011; Jan. 5, 12, 19, 2012 (11- 14267) 33 1229F
EXHIBIT B
PUBLISHERS 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 1 consecutive issues /weeks;
the first publication being on the 29
day of ))0..0.Q i1't 1) 20 td
and the last publication being on the 19
Ji and that said advertisement appeared in
day of
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
I lli
tiOSt.4lARV CAI! 1_I. r N∎ ;l t 3L!h
Connt nF
Michael Je
S +:N e ;f
I A�,: t�i11 AO
Subscribed in my presence and sworn to
before me on this 1 9 day of
by MacTiael3ensen'; Publish
otary Signat
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
,20 6?
Publisher
A.D., 20
,/.t 101Lu1.
Certificate of Sale
Welker 11 -14267
Page 6 of 7
00726
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 $2,562.29 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 AFFIANT.SAYETH NAUGHT.
By: Patricia Anne Michitsch
Castle Stawiarski,'LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
State of Wyoming
County of Natrona
/(J. day of
Castle Stawia i. LLC.
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Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Record AOM
PUB COST FSN 12 -8 -11
PUB COST AMENDED FSN 12 -29 -11
Conduct Sale Fee
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriffs Deed
Sheriff's Fee Sale
Sheriff's Fee Deed
FTP Update
Total $2,562.29
NO1 ARY PUBLic
ELLEY t. DRELICi iARZ
STATE OF WYOiil'iIN
COUNTY y OF NATRONA
My Commission Expires Jar: 19, 2015
This instrument was acknowledged before me on
2012 by Patricia ichitsch as attorney of
My commission expires:
/y/
EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
Title and Ra k)
650.00
667.00
117.39
14.00
416.10
554.80
50.00
26.00
11.00
11.00
10.00
10.00
25.00
Certificate of Sale
Welker 11 -14267
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