HomeMy WebLinkAbout964551STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
M. Shane Jbhnenn 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 October 4, 2007, executed and delivered by
Brandon S Sanchez and Cindy A Sanchez to Mortgage Electronic Registration
Systems, Inc., as nominee for lndymac Bank, F.S.B., a Federally Chartered
Savings Bank its successors and assigns and (b) that certain mortgage dated
October 4, 2007 (the "Mortgage securing said note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on October 17, 2007, at Reception No. 934138 in Book 675 at Page
847 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 3 OF BARCO ACRES SUBDIVISION, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON
AUGUST 14, 2003 AS INSTRUMENT NO. 892465 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK.
with an address of 15 Straight and Narrow, Grover, WY 83122
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: OneWest Bank, FSB
Assignment dated: March 9, 2012
Assignment recorded: March 22, 2012
Assignment recording information: at Reception No. 963774 in Book 783 at Page
556
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, OneWest Bank, FSB
"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 5/15/2012 at 10:28 AM
RECEIVING 964551
BOOK: 786 PAGE: 205
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Sanchez 12 -02944
Page 1 of 7
00205
having general circulation in Lincoln County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the April 19, 2012 issue of said
newspaper and ending with the May 10, 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 15, 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
$307,886.95 "Bid Sum which was bid and offered by OneWest Bank, FSB
"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 $2,283.70 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 May 15, 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
15th day of May 2012.
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
Print Name: Troy Jansen
Title: Deputy Sheriff
Certificate of Sale
Sanchez 12 -02944
Page 2 of 7
00206
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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SAVANNA L. KRALL NOTARY PUBLIC
COUNTY OF
LINCOLN
ACKNOWLEDGMENT
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by Troy Jansen
Deputy Sheriff of Lincoln County, State of Wyoming, this 15th day of
May 2012.
Witness my hand and official seal.
My Commission Expires
Notary Public
Certificate of Sale
Sanchez 12 -02944
Page 3 of 7
00207
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 October 4, 2007 (the "Mortgage and
recorded on October 17, 2007, at Reception No. 934138 in Book 675 at Page
847 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 Brandon S Sanchez
and Cindy A Sanchez "Mortgagor(s) the named mortgagor(s), and Mortgage
Electronic Registration Systems, Inc., as nominee for lndymac Bank, F.S.B., a
Federally Chartered Savings Bank its successors and assigns is the named
mortgagee, which Mortgage was assigned for value as follows:
Assignee: OneWest Bank, FSB
Assignment dated: March 9, 2012
Assignment recorded: March 22, 2012
Assignment recording information: at Reception No. 963774 in Book 783 at Page
556
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
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: 71969009843000538048
CERTIFIED MAIL NO. FSN: 71969009843000547385
OneWest Bank, FSB
888 East Walnut Street
Pasadena, CA 91101*
CERTIFIED MAIL NO. NOI: 71969009843000538055
CERTIFIED MAIL NO. FSN: 71969009843000547408
CURRENT RESIDENT
15 Straight and Narrow
Grover, WY 83122*
CERTIFIED MAIL NO. NOI: 71969009843000538062
CERTIFIED MAIL NO. FSN: 71969009843000547415
Brandon S Sanchez
15 Straight and Narrow
Grover, WY 83122*
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EXHIBIT A
SS
Certificate of Sale
Sanchez 12 -02944
Page 4 of 7
00208
CERTIFIED MAIL NO. NOI: 71969009843000538079
CERTIFIED MAIL NO. FSN: 71969009843000547422
Brandon S Sanchez
PO Box 24
Grover, WY 83122 -0024*
CERTIFIED MAIL NO. NOI: 71969009843000538086
CERTIFIED MAIL NO. FSN: 71969009843000547439
Brandon S Sanchez
P.O. Box 1442
Thayne, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000538093
CERTIFIED MAIL NO. FSN: 71969009843000547446
Cindy A Sanchez
15 Straight and Narrow
Grover, WY 83122*
CERTIFIED MAIL NO. NOI: 71969009843000538109
CERTIFIED MAIL NO. FSN: 71969009843000547453
Cindy A Sanchez
PO Box 24
Grover, WY 83122 -0024*
CERTIFIED MAIL NO. NOI: 71969009843000538116
CERTIFIED MAIL NO. FSN: 71969009843000547460
Cindy A Sanchez
P.O. Bo 1442
Thayne, WY 83127*
CERTIFIED MAIL NO. NO1: 71969009843000538123
CERTIFIED MAIL NO. FSN: 71969009843000547477
Lincoln County Treasurer
P.O. Box 630
Kemmerer, WY 83101*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was March 30, 2012 and the date of the first publication of the
notice of foreclosure sale was April 19, 2012.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
/l} day of X27 0 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC. U
al
VR_ Any f °01111'
My commission expires:
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FURTHER AFFIANT SAYETH NAUGHT.
x' Aar C N k a r•. C... R 4» ">a
sig. mI;10
:gm 0ri 1 7 f trd'.
thm
/8y: Patricia Anne Michitsch
Castle Stawiarki, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
Title (and Ralik)
00209
Certificate of Sale
Sanchez 12 -02944
Page 5 of 7
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 October 4,
2007, executed and delivered by Brandon S Sanchez and Cindy A Sanchez
"Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as
nominee for Indymac.Bank, F.S.B., a Federally Chartered Savings Bank
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 October 17, 2007, at Reception No. 934138 in Book 675
at Page 847 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: OneWest Bank, FSB
Assignment dated: March 9, 2012
Assignment recorded: March 22, 2012
Assignment recording information: at Reception No. 963774 in Book
783 at Page 556
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 $302,058.52 which sum consists of the unpaid principal
balance of $283,229.14 plus interest accrued to the date of the first pub-
lication of this notice in the amount of $18,749.38, plus additional fees
and costs in the amount of $80.00, 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 OneWest Bank, FSB, 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 15, 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 3 OF'BARCO ACRES SUBDIVISION, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON
AUGUST 14, 2003 AS INSTRUMENT NO. 892465 OF THE RECORDS
OF THE LINCOLN COUNTY CLERK.
with an address of 15 Straight and Narrow, Grover, WY 83122.
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
OneWest Bank, FSB
By: Castle Stawiarski, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307) 333 5379
PUBLISH: April 19, 26, May 3, 10, 2012 (12- 02944) 0419A
L.vO
EXHIBIT B
PUBLISHER'S AFFIDAVIT
by M efiael Jer sen, Publishe
COUNTY OF
LINCOLN
otary Signatu
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 n
period of 1 consecutive issues/weeks;
the first publication being on the 19
day of �,D�t 20 12
and the last publication being on the 10
day of (1 �((A 20 2
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael en, Publisher
ROSEMARY CAPELLEN NOTARY PUBLIC
MY COMMISSION EXPIRES 5/5/16
Subscribed in my presence and sworn to
before me on this (C) day of
1'lrtk A.D.,20 ,2,
STATE OF
WYOMING
uernricare or sale
Sanchez 12 -02944
Page 6 of 7
2 1
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
00211
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 $2,283.70 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Record AOM
PUB COST FSN 4 -19 -12
Conduct Sale Fee
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
FTP Update
600.00
959.00
103.50
11.00
467.20
50.00
26.00
11.00
11.00
10.00
10.00
25.00
Total $2,283.70
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 -I NAUGHT.
ZZ
By: Patricia Ann Michitsch
Castle Stawiarski",
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
/6 day of 7 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC
NO MO' aLEtt.
AN:. Y >E E N k t�
STAM OF WYOMING
i :01.1NTYOFIMAT OW
nr C OMIlti5 marl F r, aie n s Jan 015
F �."r�
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My commission expires:
—1)
(Signature off notarial officer)
Title (and I ant
Certificate of Sale
Sanchez 12 -02944
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