HomeMy WebLinkAbout963178124570
STATE OF WYOMING
COUNTY OF LINCOLN
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CERTIFICATE OF SALE
SS
00087
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 December 31, 2008, executed and delivered by
Raymond Travis Floyd 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 December 31, 2008 (the
"Mortgage securing said note, which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on January 6, 2009, at
Reception No. 944512 in Book 712 at Page 447 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:
UNIT 202 OF BUILDING 200, STATELINE CONDOMINIUMS,
PHASE II, BUILDING 200, AS SHOWN ON THE OFFICIAL PLAT
THEREOF FILED ON OCTOBER 24, 2007, AS DOCUMENT NO.
934331, AS PLAT NO. 934331, IN THE OFFICE OF THE CLERK
OF LINCOLN COUNTY, WYOMING, ALSO BEING A PART OF
LOT 2, 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 934333, IN BOOK 676, AT PAGE 631
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 16 James Way, Freedom, WY 83120
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: MetLife Home Loans a division of MetLife Bank NA
Assignment dated: November 18, 2011
Assignment recorded: December 16, 2011
Assignment recording information: at Reception No. 962385 in Book 778 at Page
95
All in the records of the County Clerk and ex- officio Register of Deeds in and for
Lincoln County, Wyoming.
RECEIVED 2/9/2012 at 9:21 AM
RECEIVING 963178
BOOK: 781 PAGE: 87
JEANNE WAGNER
LINCOLN COUNTY CLERK AERER, WY
Certificate of Sale
Floyd 10 -26124
Page 1 of 7
00088
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 NA "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 January 12, 2012 issue of said
newspaper and ending with the February 2, 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 February 7, 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
$178,04517 "Bid Sum which was bid and offered by MetLife Home Loans a
division of MetLife Bank NA "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 $2,220.70 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 February 7, 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
Floyd 10 -26124
Page 2 of 7
DATED at Kemmerer, Lincoln County, State of Wyoming, this
7th day of February 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 7th day of
February 2012.
My Commission Expires:
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ACKNOWLEDGMENT
SS
Print Name:
Witness my hand and official seal.
9 VA NA L, KRAL NOTARY PUBLIC
COUN OF
L INCOLN
M COmmissl®' Exp tos
M_ Shan Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By: /4t(4
Title: Deputy Sheriff
Notary Public
STATE OF
WYOMING
/71 Its
Cory Stoof
Certificate of Sale
Floyd 10 -26124
Page 3 of 7
00089
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 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 December 31, 2008 (the "Mortgage and
recorded on January 6, 2009, at Reception No. 944512 in Book 712 at Page 447
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 Raymond Travis Floyd
"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 NA
Assignment dated: November 18, 2011
Assignment recorded: December 16, 2011
Assignment recording information: at Reception No. 962385 in Book 778 at Page
95
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: 71969009843000872395
CERTIFIED MAIL NO. FSN: 71969009843000875754
MetLife Horne Loans a division
of MetLife Bank NA
4000 Horizon Way Suite 100
Irving, TX 75063*
CERTIFIED MAIL NO. NOI: 71969009843000872401
CERTIFIED MAII. NO. FSN: 71969009843000875761
CURRENT RESIDENT
16 .lames Way
Freedom, WY 83120*
CERTIFIED MAIL NO. NOI: 71969009843000872449
CERTIFIED MAIL NO. FSN: 71969009843000875778
Raymond Travis Floyd
16 James Way
Freedom, WY 83120*
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
Certificate of Sale
Floyd 10 -26124
Page 4 of 7
OOO
CERTIFIED D MAIL. NO. NO1: 71969009843000872425
CERTIFIED MAIL NO. FSN: 71969009843000875785
Raymond Travis Floyd
181 Sanderson Rd
Etna. WY 83118-9720*
CERTIFIED MAIL NO. NOI: 71969009843000872432
CERTIFIED MAIL NO. FSN: 71969009843000875792
Raymond Travis Floyd
16 James Way
Freedom, WY 83120 -8800*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was December 28, 2011 and the date of the first publication of the
notice of foreclosure sale was January 12, 2012.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
day of 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
My commission expires:
/'7 j r�
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FURTHER AFFIANT SAYETH NAUGHT.
r'ItC
By: Patricia Anne Michitsch"
Castle Stawi LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
Title (and Rk)
Certificate of Sale
Floyd 10 -26124
Page 5 of 7
00091
A LE NOTICE
rent of principal and interest has
ssory note (the "Note") dated De-
ecutetly anti xclelivered,by Raymond Travis Floyd
ecbronic;Registration Systems, Inc., as
ns, a Division of'MetLife Bank, N.A.
nd g a a estat e'mortgage (the "Mortgage")
e sec priiig 4 date, `which�Mortgage was executed and
a ss to salt Mortgagee, and=which Mortgage
atReoeptionNo..944512 in Book 712
#ffice of the County Clerk and ex- officio
r Lincoln Cou ty,'`State: °of Wyoming;: and
tgage. wad assigned for' value as, follows:
o
ome Loan mber s 18, a =201 `divisi on of MetLife Bank NA
December 16, 2011
nt recording information: at Reception No. 962385 in Book
'78 at� Pagel9S
All in,therecords 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 .$167,642.11 which sum consists of the unpaid principal
balance of $158,702.79 plus interest accrued to the date of the first pub-
libation of this notice inithe *tnbunt of '$13,943.56, plus attorneys' fees,
costs. expended, and 'acc inginter'estand late charges after the date of
trst.pu'bli`cation ofttliis4iotiee °of- sale,'
15 SC
)Nz
YOl
CAE 631', 0
THE
SP
an adds
Together with a
appurtenances,theret
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
WHERE Th e pr being foreclosed upon may be subject to
tier, liens 0, en6 umbances wi g be extinguished at the sale.
prospective .purchaser should; research the status o title before
n g a bid`,
iREFORE,MetLife Home Loans a division of Me e
;e Mortgagee, will leave tlie,ortgage foreclosed as. by la
is g the mortg2ged proper be,sold, atpublic ve nue
uty.Sheriff°i to
n an f or Lincoln County,' Wyoming to
;00 o'clock` in the forenoon on February
J c C�ounty..,Courthouseklocated at
V;Y L County, for application on
cured,by'; Mortgage, said mortgaged
INE CONDOMINIUMS,
THE O1�F,1CIAL PLAT
1007;`. AS DOCUMENT NO.
)FFI OF THE CLERK OF
Q B EING A PART OF LOT
)N ,;THE OFFICIAL PLAT'
005; AS DOCUMENTNO.
011110E OF THE CLERK OF
WYOMING FURTHER' DEFINED 'AND
CERTAIN DECLARATION OF COVENATTS,
TIONS ANDRS RICTIONS FOR STATELINE
S,T OCATED IN FREEDOM, LINCOLN COUNTY,
7STEI„D BY D 934333, IN BOOK 676, AT
T FORTH IN 'kATED: BYLAW IN ANY
EA TING Pig E1S'TATE O R I NTE REST INSURED
AND IN ANY T HER ALLIED' INSTRUMENT
ANY OFTHEINSTRUME A F 831 ORESAID.
of :16 James Way,, F reedom, WY 20.
improvements thereon situate and all fixtures and
't ome Loans a division of MetLife,Bank NA
By: Castle Stawiarski, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307) 3335379
PUBLISH: Jan. 12, 19, 26, Feb. 2, 2012 (10-26124) 0112
EXHIBIT B
PUBLISHER'S AFFIDAVIT
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
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 T consecutive issues /weeks;
the first publication being on the Z
day of t� ((.4'�,((1 20 2
and the last publication being on the
day of hij,(,l( ii, ,201;
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
is...,c.we p 6....
r o;it iv" /,iY GAP t L! r N NOT Aid Pt1431.3i.;
County of L f 51 :0to Gf
t.rrr rin VJyoen ^t{
b'y ('nernnis i.rr..r.;s May 5, 2')1
.n .w fl .-..r 9,P, x.. 0 n..Q. 4e.4
Subscribed in my presence and sworn to
before me on this
Michael Je Publisher
day of
A.D., 20," l+
2
by Michael Jer en, Publisher.(
lL I C�
Notary Signature
Page 6 of 7
00092
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 $2,220.70 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.
i
„By: Patricia Anne Michitsch
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
day of_�_�. u 2012 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 1 -12 -12
Conduct Sale Fee
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriff's Fee Deed
Total $2,220.70
My commission expires:
EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
(Signature of notarial officer)
Title (and Rdnl�
650.00
678.00
55.90
14.00
150.00
554.80
50.00
26.00
11.00
11.00
10.00
10.00
Certificate of Sale
Floyd 10 -26124
Page 7 of 7
00093