HomeMy WebLinkAbout963929STATE 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 February 20, 2008, executed and delivered by
John W. Hutchison and Cheryl A. Hutchison to Mortgage Electronic Registration
Systems, Inc., as nominee for Taylor, Bean Whitaker Mortgage Corp. and (b)
that certain mortgage dated February 20, 2008 (the "Mortgage securing said
note, which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on February 25, 2008, at Reception No. 937174
in Book 687 at Page 822 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 39 OF RIVER RANCHES FISHING AND EQUESTRIAN
ESTATES AT FREEDOM, LINCOLN COUNTY, WYOMING AS
DESCRIBED ON THE OFFICIAL PLAT FILED ON NOVEMBER
16,1994 AS INSTRUMENT NO. 793710 OF THE RECORDS OF
THE LINCOLN COUNTY CLERK
with an address of 105281 Hwy 89, Etna, WY 83118
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
CERTIFICATE OF SALE `0 10
Assignee: Ocwen Loan Servicing, LLC
Assignment dated: May 10, 2010
Assignment recorded: May 24, 2010
Assignment recording information: at Reception No. 953623 in Book 747 at Page
668
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, Ocwen Loan Servicing, LLC
"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
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RECEIVED 4/3/2012 at 10:13 AM
RECEIVING 963929
BOOK: 784 PAGE: 95
JEANNE WAGNER
LINCOLN COUNTY CLER IMERER, WY
Certificate of Sale
Hutchison 10- 09364R
Page 1 of 8
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; once a week
for three (3) consecutive weeks, commencing, with the March 15, 2012 issue of
said newspaper and ending with the March 29, 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 April 3, 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
336,988.83 "Bid Sum which was bid and offered by
Ocwen Loan Servicing, LLC "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 $3,381.15 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 April 3, 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
3rd day of April 2012.
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By:
Print Name:
Title:
M. Shane Johnson
Sheriff in and
of Wyoming
for Lincoln County, State
Cliff Boyd
Deputy Sheriff
Certificate of Sale
Hutchison 10- 09364R
Page 2 of 8
00096
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my presence and
acknowledged before me by Cliff Boyd
Deputy Sheriff of Lincoln County, State of Wyoming, this day of
April 2012.
My Commission Expires:
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ACKNOWLEDGMENT
SS
Witness my hand and official seal.
Notary Public
SAVANNA L. KRALL NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN \lA;a WYOMING
My Commissio Expires
Certificate of Sale
Hutchison 10- 09364R
Page 3 of 8
00097
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 February 20, 2008 (the "Mortgage and
recorded on February 25, 2008, at Reception No. 937174 in Book 687 at Page
822 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 John W. Hutchison
and Cheryl A. Hutchison "Mortgagor(s) the named mortgagor(s), and
Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean
Whitaker Mortgage Corp. is the named mortgagee, which Mortgage was
assigned for value as follows:
Assignee: Ocwen Loan Servicing, LLC
Assignment dated: May 10, 2010
Assignment recorded: May 24, 2010
Assignment recording information: at Reception No. 953623 in Book 747 at Page
668
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. NO1: 71969009843000893253
CERTIFIED MAIL NO. FSN: 71969009843000505316
CERTIFIED MAIL NO. NOPP: 71969009843000522016
Ocwen Loan Servicing, LLC
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409*
CERTIFIED MAIL NO. NOI: 71969009843000893260
CERTIFIED MAIL NO. FSN: 71969009843000505323
CERTIFIED MAIL NO. NOPP: 71969009843000522023
CURRENT RESIDENT
105281 Hwy 89
Etna, WY 83118*
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Certificate of Sale
Hutchison 10- 09364R
Page 4 of 8
00098
CERTIFIED MAIL NO. NOI: 71969009843000893277
CERTIFIED MAIL NO. FSN: 71969009843000505330
CERTIFIED MAIL NO. NOPP: 71969009843000522030
John W. Hutchison
105281 Hwy 89
Etna, WY 83118*
CERTIFIED MAIL NO. NOI: 71969009843000893284
CERTIFIED MAIL NO. FSN: 71969009843000505347
CERTIFIED MAIL NO. NOPP: 71969009843000522047
Cheryl A. Hutchison
105281 Hwy 89
Etna, WY 83118*
CERTIFIED MAIL NO. NOI: 71969009843000893291
CERTIFIED MAIL NO. FSN: 71969009843000505354
CERTIFIED MAIL NO. NOPP: 71969009843000522054
The Bank of Star Valley
102 Greys River Road
P.O. Box 3409
Alpine, WY 83128*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was January 30, 2012 and the date of the first publication of the
notice of foreclosure sale was March 15, 2012.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
2 day of Y1'7 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
;I E tit 't +fY�
tA'N7
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FURTHER AFFIANT SAYETH NAUGHT.
My commission expires:
9-i)
Ay: I atricia A ne MichitscT
Castle Sta rski, LLC
330 So. alsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
cz
(Signature ofi notarial officer)
2
Title (and Rar~k)
00099
Certificate of Sale
Hutchison 10- 09364R
Page 5 of 8
KEMMERER GAZETTE
\fI'Ill; \�I "I'OI I'
Pi:81.1c.vrnn
Kemmerer Gazelle
Kemmerer.
NOTICE OF POSTPONEMENT OF
FORECLOSURE SALE
WHEREAS, default in the payment of principal and interest has
occurred Under the terms of a promissory note (the "Note dated Febru-
ary 20, 2008, executed and delivered by John W. Hutchison and Cheryl
A. Hutchison "Mortgagor(s) to Mortgage Electronic Registration
Systems, Inc., as nominee for. Taylor, Bean Whitaker Mortgage Corp.
("Mortgagee"), and a real estate mortgage (the "Mortgage of the same
date securing the -Note, which Mortgage was executed and delivered
by Mortgagor(s), to Mortgagee, and which Mortgage, was recorded in
the records of the office of the County Clerk and ex- officio Register of
Deeds in and for Lincoln County, State of Wyoming, on February 25,
2008, at Reception No. 937174 in Book 687 at Page 822; WHEREAS,,
the Mortgage has been duly assigned for value by. Mortgagee as follows:
Assignee: Ocwen Loan Servicing, LLC
Assignment dated: May 10, 2010
Assignment recorded: May 24, 2010
Assignmentrecording information: at Reception No. 953623 in Book
747 at Page 668
All in the records of the County Clerk and ex- officio Register of Deeds
in and for Lincoln County, Wyoming; and
WHEREAS, written notice of intent to foreclose the Mortgage by
advertisement and sale, pursuant to the terms of the Mortgage, has been
served upon the record owner and party in possession of the mortgaged
premises at least ten (10) days prior to to first publication of the notice of sale;
The property covered by said Mortgage is described as follows:
LOT 39 OF RIVER RANCHES FISHING AND EQUESTRIAN
ESTATES AT FREEDOM, LINCOLN COUNTY, WYOMING AS
DESCRIBED ON THE OFFICIAL PLAT FILED ON NOVEMBER
16,1994 AS INSTRUMENT NO. 793710 OF THE RECORDS OF THE
LINCOLN COUNTY CLERK
with an address of 105281 Hwy 89, Etna, WY 83118.
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 biid;
NOTICE IS HEREBY GIVEN, pursuant to Wyoming Statutes
Section 34 -4 -109 (2003) that the foreclosure sale of the, above Mort-
gage, scheduled for March 13, 2012 at the front door of the Lincoln
County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln
County, State of Wyoming, has been postponed to 10:00 o'clock in
the forenoon on April 3, 2012 at the front door of the Lincoln County
Courthouse located at 925 Sage Avenue; Kemmerer, WY, Lincoln
County, State of Wyoming.
PUBLISH: March 15,' 22, 29, 2012 (10- 09364R)
PUBLISHER'S AFFIDAVIT
Ocwen Loan Servicing, LLC
By Castle Stawiarski, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
307 333 5379
0315A
EXHIBIT B
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 consecutive issues /weeks;
the first publication being on the 1
day of \-1\ t i t 20 1 2
and the last publication being on the 1
day of
KEMMERER, WYOMING
20_12_;
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
by Mir
Michael: en, Publisher
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
..v R K.,.,p...s.,p• 44. •.e. .q•..1{
i i 0 `.ii.i,SiutY CAi-FI.I.1.r. N PUBLIC
County of St ro of
Lincoln k; Wyon
k !'nrnmis, inn '.7 2s 1'iiy r., 2012
o. e.,.m....,rv. .....R x•".g.r:nar.nn,0am -,e
Subscribed in my presence and sworn to
before me on this �_i day of
A.D., 20 '1 7
el Jensen, Publi
Notary 5
■-tel GOLC VI Oale
Hutchison 10- 09364R
Page 6 of 8
001.00
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 February
20, 2008, executed and delivered by John W. Hutchison "Mortgagor(s)
to Mortgage Electronic Registration Systems, Inc., as nominee for Tay-
lor, Bean Whitaker Mortgage Corp., 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 February 25, 2008, at Reception No
937174 in Book 687 at Page 822 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: Ocwen Loan Servicing, LLC
Assignment dated: May 10, 2010
Assignment recorded: May 24, 2010
Assignment recording information: at Reception No. 953623 in Book
747 at Page 668
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 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 $332,686.43 which sum consists of the unpaid principal
balance of $322,609.47 plus interest accrued to the date of the first pub
lication of this notice in the amount of $10,076.96, 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 Ocwen Loan Servicing, LLC, 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:
LOT 39 OF RIVER RANCHES FISHING AND EQUESTRIAN
ESTATES AT FREEDOM, LINCOLN COUNTY, WYOMING AS
DESCRIBED ON THE OFFICIAL PLAT FILED ON NOVEMBER
16,1994 AS INSTRUMENT NO 793710 OF THE RECORDS OF THE
LINCOLN COUNTY CLERK
with an address of 105281 Hwy 89, Etna, WY 83118.
Together with all improvements thereon situate and all fixtures and
appurtenances. thereto.
Ocwen Loan Servicing, LLC
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 (10- 09364R) 0216B
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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
c irculation in said County and State; and
that the legal notice herein attached was
published in said newspaper for the full
period of consecutive issues /weeks;
t he first publication being on the l (a
day of \I biz B fah 20 1 1
and the last publication being on the
day of t Y)t'J /L 20 14
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
A
Michael Je
RGSt MA Y CAPER IN
County of
Lincoln
TARY PUBLIC
i State of
Wyoming
My Commission f fires May 5, 2012
by°Mit11ael Jensen, Publish
Notary Sign ture
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
Publisher
Subscribed in my presence and sworn to
before me on this g day of
4 Ylf'A( A.D., 20 t 2
Certificate of Sale
Hutchison 10- 09364R
Page 7 of 8
00101
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 $3,381.15 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 AFF)AN T NAUGHT.
Patricia An Michitsch
Castle Stawiar i LLC
330 So. Wash Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
r) day of 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
HARY
N A
STA r WV C li Piss.
OF NAM
r,bis- s;ia)EF d "isaa:;
My commission expires:
y
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Attorney Fees (Foreclosure)
Statutory Notice Fee
PUB COST FSN 2 -16 -12
PUB COST NOPP 3 -15 -12
Conduct Sale Fee
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriffs Deed
Sheriff's Fee Sale
Sheriffs Fee Deed
FTPDD X 2
PREVIOUS FILE
EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
_Q ..C�� --vim
(Signature of notarial officer)
Title (and nik)
810.00
86.25
467.20
284.70
50.00
29,00
11.00
11.00
10.00
10.00
150.00
1,462.00
Total $3,381.15
Certificate of Sale
Hutchison 10- 09364R
Page 8 of 8
00102