HomeMy WebLinkAbout963627STATE OF WYOMING
COUNTY OF LINCOLN
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CERTIFICATE OF SALE
SS
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 May 30, 2007, executed and delivered by Josh
Walsh and Jena Walsh to Mortgage Electronic Registration Systems, Inc., as
nominee for American Brokers Conduit its successors or assigns 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 May 30, 2007, at Reception No. 929834 in Book 659PR at
Page 792 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:
LOTS 1,2,3,4 AND 5 OF BLOCK 1 OF THE TOWN OF LABARGE
(ERRONEOUSLY RECORDED AS LABARBE), FORMERLY THE
TOWN OF TULSA, LINCOLN COUNTY, WYOMING AS
DESCRIBED ON THE OFFICIAL PLAT THEREOF.
with an address of 114 Blake Street, La Barge, WY 83123
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Bank of America, N.A., successor by merger to BAC Home Loans
Servicing, LP fka Countrywide Home Loans Servicing LP
Assignment dated: October 6, 2011
Assignment recorded: October 21, 2011
Assignment recording information: at Reception No. 961527 in Book 774PR at
Page 828
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, Bank of America, N.A.,
successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home
Loans Servicing LP "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.
RECEIVED 3/13/2012 at 10:27 AM
RECEIVING 963627
BOOK: 782 PAGE: 796
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Walsh 12 -00847
Page 1 of 7
00796
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 February 16, 2012 issue of
said newspaper and ending with the March 8, 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 March 13, 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
100,967.45 "Bid Sum which was bid and offered by Bank of
America, N.A., successor by merger to BAC Home Loans Servicing, LP fka
Countrywide Home Loans Servicing LP "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 $1,897.80 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 March 13, 2012, 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
13th day of March 2012.
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Sheriff in and for Lincoln County, State
of Wyoming
By:
y:
Print Name:
Title:
M. Shane Johnson
Cory Stoof
Deputy Sheriff
Certificate of Sale
Walsh 12 -00847
Page 2 of 7
00797
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 13th day of
March 2012.
My Commission Expires:
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ACKNOWLEDGMENT
SS
Witness my hand and official seal.
SAVANNA L. KRALL NOTARY PUBLIC STATE OF
COUNTY OF c` ":t) WYOMING
LINCOLN u
My Commission Expires
kVtkI
Notary Public
Certificate of Sale
Walsh 12 -00847
Page 3 of 7
00798
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 May 30, 2007 (the "Mortgage and recorded
on May 30, 2007, at Reception No. 929834 in Book 659PR at Page 792 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 Josh Walsh and Jena Walsh
"Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration
Systems, Inc., as nominee for American Brokers Conduit its successors or
assigns is the named mortgagee, which Mortgage was assigned for value as
follows:
Assignee: Bank of America, N.A., successor by merger to BAC Home Loans
Servicing, LP fka Countrywide Home Loans Servicing LP
Assignment dated: October 6, 2011
Assignment recorded: October 21, 2011
Assignment recording information: at Reception No. 961527 in Book 774PR at
Page 828
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:70102780000105816291
CERTIFIED MAIL NO. FSN:7010278000105743337
Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka
Countrywide Home Loans Servicing LP
400 National Way, SV 35, P.O. Box 10232
Simi Valley, CA 93065 -6298*
CERTIFIED MAIL NO. NOI: 71969009843000893383
CERTIFIED MAIL NO. FSN: 71969009843000505262
CURRENT RESIDENT
114 Blake Street
La Barge, WY 83123*
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Certificate of Sale
Walsh 12 -00847
Page 4 of 7
to U7 9.9
CERTIFIED MAIL NO. NO1: 71969009843000893390
CERTIFIED MAIL NO. FSN: 71969009843000505279
Josh Walsh
114 Blake Street
La Barge, WY 83123*
CERTIFIED MAIL NO. NOI: 71969009843000893406
CERTIFIED MAIL N0. FSN: 71969009843000505286
Josh Walsh
PO BOX 239
La Barge, WY 83123 -0239*
CERTIFIED MAIL N0. NOI: 71969009843000893413
CERTIFIED MAIL NO. FSN: 71969009843000505293
Jena Walsh
114 Blake Street
LaBarge, WY 83123*
CERTIFIED MAIL NO. NOI: 71969009843000893420
CERTIFIED MAIL NO. FSN: 71969009843000505309
Jena Walsh
PO Box 239
LaBarge, WY 83127*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was January 31, 2012 and the date of the first publication of the
notice of foreclosure sale was February 16, 2012.
State of Wyoming
County of Natrona
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FURTHER AFFIANT SAYETH NAUGHT.
NOTARY PUBLIC
KELLEY L DRELICHARZ
STATE OF WYOEVIINi.'a
COUNTY OF NATRONA
Commission Ex ices Jan 19, 2015
1
My commission expires: V2_6/5-
By: Patricia Ann9/Michitsch
Castle Stawiarski LLC
330 So. Wals"i Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
day of p v, 2012 by Patricia Anne N).ichitsch as attorney of
Castle Stawiarski, LLC.
00600
/1/
Certificate of Sale
Walsh 12 -00847
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer coming
FORECLOSURE SALE NOTICE
WHEREAS, default in the payment of principal and interest has
occurred under the terms of a promissory note (the ".Note") dated
May 30,'2007, executed and delivered by Josh Walsh. and Jena Walsh.
"Mortgagor(s)") to Mortgage Electronic Registration Systems;' Inc., as
nominee for American Brokers its successors or 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 which Mortgage was recorded on May 30, 2007, at
Reception No 929834 in Book 659PR at Page 792 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 was assigned for' value as follows:
Assignee:' Bank of America, N.A.; successor by merger to BAC Home
Loans Servicing, LP fka Countrywide Home Loans Servicing LP
Assignment dated: October 6, 2011
Assignment recorded: October 21, 2011
Assignment recording ,information: at Reception No: 961527 in Book
7 at Page 828
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 suitor 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 $99;210.08 which sum consists of the unpaid principal bal-
ance of $93,364.30 plus interest accrued to the date of the first publica-
tion of this notice in the amount of $5,845.78, 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 Bank of America, N.A., successor by merger to
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servic-
ing LP 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 March
13, 2012 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:
LOTS ''1,2,3,4 AND 5 OF BLOCK 1 OF THE TOWN OF LABARGE•
(ERRONEOUSLY RECORDED AS LABARBE), FORMERLY THE
TOWN OF TULSA, LINCOLNCOUNTY, WYOMING AS DESCRIBED
ON THE OFFICIAL PLAT THEREOF.
with an address of 114 Blake Street, LaBarge WY 83123.
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
Bank of America, N.A., successor by merger to BAC Home Loans
Servicing, LP fka Countrywide Home Loans Servicing LP
By: Castle Stawiarski, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307) 333 5379
PUBLISH: Feb. 16 23, March 1, 8, 2012 (12- 00847) 0216
EXHIBIT B
PUBLISHER'S 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 ''l consecutive issues /weeks;
the first publication being on the it,
IA
day of
and the last publication being on the
day of L- `Y� J) 20
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
4 R
KEMMERER, WYOMING
20 (2
Michael Jensen, ublisher
4..4
+4.0 n
R O S I:MAiiY CAPELLfN NOTARY PUBLIC
County of C E,� State of
Lincoln Wyoming
My Commission !:xpires May 5, 2012
Subscribed in my presence and sworn to c
before me on this day of
-VY\ VI) A.D., 20 1.?..;
by Mitch•aejJensen, Publi
Notary Sifinature
00801
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
r O C k lt,
Walsh 12 -00847
Page 6 of 7
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 $1,897.80 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
PUB COST FSN 2 -16 -12
Conduct Sale Fee
Record Cert. of Sale
Record Assign of Cert. of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
Total $1,897.80
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 SAYET±i NGHT.
pY Patricia Anne Michitsch
/Castle Stawiarski/LLC
330 So. Walsh 'Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
State of Wyoming
County of Natrona
.X Thispstrument was acknowledged before me on
day of``7n«.ze-, 2012 by Patpi'cia Anne,Michitsch as attorney of
Castle Stawiarski, LLC.
x' v rrer.?tw3
VOTARY PUBLIC
1j u„s KEL DRE
STATE 0
:y�?` COUNTY N
R111r Commission ire...!
My commission expires:
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
NOTARY PUBLIC
KELLEY L DRELiCHARZ
STATE OF WYOMING
COUNTY OF NATRONA
Commission Expires Jan 19, 2015
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700.00
529.00
69.00
481.80
50.00
26.00
11.00
11.00
10.00
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Certificate of Sale
Walsh 12 -00847
Page 7 of 7
00802