HomeMy WebLinkAbout964436STATE OF WYOMING
COUNTY OF LINCOLN
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 November 15, 2006, executed and delivered by
Jeramy Cooper and Shasti Cooper to Mortgage Electronic Registration Systems,
Inc., as nominee for Taylor, Bean Whitaker Mortgage Corp., its successors and
assigns and (b) that certain mortgage dated November 15, 2006 (the
"Mortgage securing said note, which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on November 16, 2006,
at Reception No. 924482 in Book 640 at Page 427 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 1, BLOCK 2, ALPINE ESTATES SUBDIVISION, ACCORDING
TO THAT PLAT FILED MARCH 3, 1983 AS INSTRUMENT NO.
592764 IN THE OFFICE OF COUNTY CLERK, LINCOLN
COUNTY, WYOMING
with an address of 750 Terrace Drive, Alpine, WY 83128
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
_72J
Assignee: Ocwen Loan Servicing, LLC
Assignment dated: December 20, 2011
Assignment recorded: January 18, 2012
Assignment recording information: at Reception No. 962802 in Book 779 at Page
453
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 5/8/2012 at 11:07 AM
RECEIVING 964436
BOOK: 785 PAGE: 721
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Cooper 12 -00885
Page 1 of 7
having general circulation in Lincoln County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the April 12, 2012 issue of said
newspaper and ending with the May 3, 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 May 8, 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
245, 730.97 "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 $2,427.20 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 May 8, 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
8th day of May 2012.
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name: Mitch Hale
Title: Deputy Sheriff
Certificate of Sale
Cooper 12 -00885
Page 2 of 7
0072E
STATE OF WYOMING
COUNTY OF LINCOLN
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by Mitch Hale
Deputy Sheriff of Lincoln County, State of Wyoming, this 8th day of
May 2012.
My Commission Expires:
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ACKNOWLEDGMENT
Witness my hand and official seal.
.SAVANNA L. MALL NOTARY Plii l iC
COUNTY liF
STAIE OF
LINCOLN f Y ;i moms G
fi t
My Ccilunissi�:n LxpirL _.LL,..
I4 -o -4 s`v..�rJw 0- 4.,..::..i� -y. 4.
1 OL.
Notary Public
Certificate of Sale
Cooper 12 -00885
Page3of7
00723
STATE OF WYOMING
COUNTY OF NATRONA
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
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 November 15, 2006 (the "Mortgage and
recorded on November 16, 2006, at Reception No. 924482 in Book 640 at Page
427 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 Jeramy Cooper and
Shasti Cooper "Mortgagor(s) the named mortgagor(s), and Mortgage
Electronic Registration Systems, Inc., as nominee for Taylor, Bean Whitaker
Mortgage Corp., its successors and assigns is the named mortgagee, which
Mortgage was assigned for value as follows:
Assignee: Ocwen Loan Servicing, LLC
Assignment dated: December 20, 2011
Assignment recorded: January 18, 2012
Assignment recording information: at Reception No. 962802 in Book 779 at Page
453
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:
CERTIFIED MAIL NO. FSN:
Ocwen Loan Servicing, LLC
1661 Worthington Road, Suite
West Palm Beach, FL 33409*
CERTIFIED MAIL NO. NOI:
CERTIFIED MAIL NO. FSN:
CURRENT RESIDENT
750 Terrace Drive
Alpine, WY 83128*
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71969009843000536792
71969009843000540362
100
71969009843000536808
71969009843000540379
CERTIFIED MAIL NO. NOI: 71969009843000536822
CERTIFIED MAIL NO. FSN: 71969009843000540386
Jeramy D. Cooper
750 Terrace Drive
Alpine, WY 83128*
EXHIBIT A
SS
Certificate of Sale
Cooper 12 -00885
Page 4 of 7
00724
CERTIFIED MAIL NO. NOI: 71969009843000536839
CERTIFIED MAIL NO. FSN: 71969009843000540393
Jeramy D. Cooper
1124 E. Parkview Ct.
Gilbert, AZ 85295*
CERTIFIED MAIL NO. NOI: 71969009843000536846
CERTIFIED MAIL NO. FSN: 71969009843000540409
Jeramy D. Cooper
PO Box 4678
Jackson, WY 83001*
CERTIFIED MAIL NO. NOI: 71969009843000536853
CERTIFIED MAIL NO. FSN: 71969009843000540416
Shasti S. Cooper
750 Terrace Diive
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000536860
CERTIFIED MAIL NO. FSN: 71969009843000540423
Shasti S. Cooper
1124 E. Parkview Ct.
Gilbert, AZ 85295*
CERTIFIED MAIL NO. NOI: 71969009843000536877
CERTIFIED MAIL NO. FSN: 71969009843000540430
Shasti S. Cooper
PO Box 4678
Jackson, WY 83001*
CERTIFIED MAIL NO. NOI:70101870000102328044
CERTIFIED MAIL NO. FSN: 71969009843000540447
Mortgage Electronic
Registration Systems, Inc.
1901 E. Voorhees Street, Suite C
Danville, IL 61834*
CERTIFIED MAIL NO. NOI: 71969009843000536884
CERTIFIED MAIL NO. FSN: 71969009843000540454
Taylor, Bean Whitaker
Mortgage Corp.
1417 North Magnolia Ave
Ocala, FL 34475*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was March 28, 2012 and the date of the first publication of the
notice of foreclosure sale was April 12, 2012.
State of Wyoming
County of Natrona
1 1 REi..i( ARZ
11.,; E (Vi WYOMING }u
COUP"VY OF NA -1 7 *E )NA
1Vy iaili13 o s ,1;3n 19, 2515
This instrument was acknowledged before me on
day of` ,t 2012 by Patricia Ann e'M chitsch as attorney of
Castle Stawiarski, LLC(
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FURTHER AFFIANT SAYETH NAUGHT.
My commission expires:
4
By: Patricia Anne 'Mic1 itsch
Castle Stawiarski, LLC
330 Sri. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Si c nature,o .nota pia
Title (and Rank)
Certificate of Sale
Cooper 12 -00885
Page 5 of 7
00725
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
U081-'kg
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 November
15, 2006, executed and delivered by Jeramy Cooper and Shasti Cooper
("Mortgagor(s)") to Mortgage Electronic Registration Systems, Inc., as
nominee for Taylor, Bean Whitaker Mortgage Corp., 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 which Mortgage was recorded on
November 16, 2006, at Reception No. 924482 in Book 640 at Page 427
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: December 20, 2011
Assignment recorded: January 18, 2012
Assignment recording information: at Reception No. 962802 in Book
779 at Page 453
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 $240,809.58 which sum consists of the unpaid principal
balance of $217,600.00 plus interest accrued to the date of the first pub-
lication of this notice in the amount of $23,209.58, 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 May 8, 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 1, BLOCK 2, ALPINE ESTATES SUBDIVISION, ACCORD-
ING TO THAT PLAT FILED MARCH 3,1983 AS INSTRUMENT NO.
592764 IN THE OFFICE OF COUNTY CLERK, LINCOLN COUNTY,
WYOMING
with an address of 750 Terrace Drive, Alpine, WY 83128.
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: April 12, 19, 26, Mav 3, 2012 (12- 00885) 0412F
EXHIBIT B
PUBLISHER'S AFFIDAVIT
ry1
KEMMERER, WYOMING
Michael J =fin, Publisher
ensen, Publis
Notary Signat
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
fly Michae
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 J7,
day of C 2 0 1 a
and the last publication being on the 3
day of \O.L ,20 12
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
ttC t 4: 't�:'t %AFi;LLFf4 fdUtAtaY ',19h1(;
CO my n i ;l el?oin of
i.tb(;go k 4"dyorr.;9q
iv r',,gimigsinn .,,p, tfipy r.,,,
D 4 40 n aP.#I ....,,hq '!.t.•e, ,c. W ,4" FW tln}'..iOw.g.
Subscribed in my presence and sworn to
before me on this ,3 day of
A.D., 20 12,
uertmcare or gale
Cooper 12 -00885
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 $2,427.20 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
PUB COST FSN 4 -12 -12
FTP Update
Conduct Sale Fee
Record Cert of Sale
Record Sheriffs Deed
Sheriff's Fee Sale
Sheriffs Fee Deed
Total $2,427.20
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 AF,FIANT SAYE-H NAUGHT..,
f
,y: Patricia Anne Michits
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
State of Wyoming
County of Natrona
-4 This instrument was acknowledged before me on
day of t 2012 by Patricia Anne,Michitsch as attorney of
Castle Stawiarski, LLC. 7
MY COitiili
7 r
e K k Rt R t 1R
L iii Sia
n/5
My commission expires:
1,4 ?AO/J.
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
`cc
(-Signatur of not
L1.9
Title (and Rank')
G t,
officer)
900.00
813.00
115.00
467.20
25.00
50.00
26.00
11.00
10.00
10.00
Certificate of Sale
Cooper 12 -00885
Page 7 of 7
00727