HomeMy WebLinkAbout964667STATE 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 October 28, 2005, executed and delivered by
Jeanie M. Malone to Mortgage Electronic Registration Systems, Inc., as nominee
for Fremont Investment Loan its successors and assigns and (b) that certain
mortgage dated October 28, 2005 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on November 10, 2005, at Reception No. 913621 in Book 604
at Page 484 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 OF BEAR HOLLOW TWIN HOMES SUBDIVISION,
LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE
OFFICIAL PLAT NO. 393 FILED JUNE 20, 2000 AS INSTRUMENT
NO. 866535 OF THE RECORDS OF THE LINCOLN COUNTY
CLERK.
with an address of 320 Bear Hollow Circle, Thayne, WY 83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: HSBC Bank USA, National Association, asTrustee under the Pooling
and Servicing Agreement dated as of December 1, 2005, Fremont Home Loan
Trust 2005 -E
Assignment dated: September 22, 2010
Assignment recorded: September 28, 2010
Assignment recording information: at Reception No. 955737 in Book 754 at Page
543
Assignee: HSBC Bank USA, National Association, as Trustee for Fremont Home
Loan Trust 2005 -E, Mortgage- Backed Certificates, Series 2005 -E
Assignment dated: February 6, 2012
Assignment recorded: February 16, 2012
Assignment recording information: at Reception No. 963253 in Book 781 at Page
337
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, HSBC Bank USA, National
RECEIVED 5/22/2012 at 10:59 AM
RECEIVING 964667
BOOK: 786 PAGE: 493
JEANNE WAGNER
LINCOLN COUNTY C' KEMMERER, WY
Certificate of Sale
Malone 12 -00732
Page 1 of 7
00493
Association, as Trustee for Fremont Home Loan Trust 2005 -E, Mortgage- Backed
Certificates, Series 2005 -E "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 April 26, 2012 issue of said
newspaper and ending with the May 17, 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 22, 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
165,887.36 "Bid Sum which was bid and offered
by HSBC Bank USA, National Association, as Trustee for Fremont Home
Loan Trust 2005 -E, Mortgage- Backed Certificates, Series 2005 -E
"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 $2,319.80 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 May 22, 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
Malone 12 -00732
Page 2 of 7
00494
DATED at Kemmerer, Lincoln County, State of Wyoming, this
22nd day of May 2012.
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By: 772',....//,e
Title: Deputy Sheriff
ACKNOWLEDGMENT
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by Mitchell Hale
Deputy Sheriff of Lincoln County, State of Wyoming, this 22n day of
May 2012.
Witness my hand and official seal.
Print Name: Mitchell Hale
Notary Public
SAVANNA L KRALL NOTARY PUBLIC
COUNTY OF /t(�': WYOMING F
LINCOLN
M
Certificate of Sale
Malone 12 -00732
Page 3 of 7
00495
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
00496
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 28, 2005 (the "Mortgage and
recorded on November 10, 2005, at Reception No. 913621 in Book 604 at Page
484 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 Jeanie M. Malone
"Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration
Systems, Inc., as nominee for Fremont Investment Loan its successors and
assigns is the named mortgagee, which Mortgage was assigned for value as
follows:
Assignee: HSBC Bank USA, National Association, asTrustee under the Pooling
and Servicing Agreement dated as of December 1, 2005, Fremont Home Loan
Trust 2005 -E
Assignment dated: September 22, 2010
Assignment recorded: September 28, 2010
Assignment recording information: at Reception No. 955737 in Book 754 at Page
543
Assignee: HSBC Bank USA, National Association, as Trustee for Fremont Home
Loan Trust 2005 -E, Mortgage- Backed Certificates, Series 2005 -E
Assignment dated: February 6, 2012
Assignment recorded: February 16, 2012
Assignment recording information: at Reception No. 963253 in Book 781 at Page
337
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:70112970000393535141
CERTIFIED MAIL NO. FSN:70112970000393533481
HSBC Bank USA, Natl Asso,as Trustee for Fremont Home Loan Trust 2005 -E,
Mortgage Backed Certificates, Series 2005 -E
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409*
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Certificate of Sale
Malone 12 -00732
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CERTIFIED MAIL NO. NOI: 71969009843000544889
CERTIFIED MAIL NO. FSN: 71969009843000552105
CURRENT RESIDENT
320 Bear Hollow Circle
Thayne, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000544896
CERTIFIED MAIL NO. FSN: 71969009843000552112
Jeanie M. Malone
320 Bear Hollow Circle
Thayne, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000544902
CERTIFIED MAIL NO. FSN: 71969009843000552129
Jeanie M. Malone
PO Box 14044
Jackson, WY 83002*
CERTIFIED MAIL NO. NOI: 71969009843000544919
CERTIFIED MAIL NO. FSN: 71969009843000552136
Jeanie M. Malone
PO Box 5159
Etna, WY 83118*
CERTIFIED MAIL NO. NOI: 71969009843000544926
CERTIFIED MAIL NO. FSN: 71969009843000552143
HSBC Bank USA, National Association
c/o Litton Loan Servicing
4828 Loop Central Drive
Houston, WY 77081*
CERTIFIED MAIL NO. NOI: 71969009843000544933
CERTIFIED MAIL NO. FSN: 71969009843000552150
Mortgage Electronic Registration
Systems, Inc.
1901 E. Voorhees Street, Suite C
Danville, IL 61834*
CERTIFIED MAIL NO. NOI: 71969009843000544940
CERTIFIED MAIL NO. FSN: 71969009843000552167
Fremont Investment and Loan
2727 E Imperial Highway
Brea, CA 92821*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was April 10, 2012 and the date of the first publication of the notice
of foreclosure sale was April 26, 2012.
State of Wyoming
County of Natrona
FURTHER AFFIANT SAYETH NAUGHT.
By: Patricia A e Michitsch
Castle Stawi rski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
I t -11-11 This instrument was acknowledged before me on
day of 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
�Ira�
i ^131y a
My commission expires: _0_1 r J
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(Signa f notarial icer)
Lc it; ibC
Title (and Rank),
00497
Certificate of Sale
Malone 12 -00732
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALE NOTICE
cipal and in
'WHERE
curred S, default in the payment
,of prin
d
are es tat mo gage
e
e Mo
Note, which Mort a
was tg age d o
WHEREAS,tlte most a e was assi ned forvalue as follows:
the
er 8 2010
r n t o rm ati on a tRe
Reception No. 955737 in Book
e
PUBLISHER'S AFFIDAVIT
balance of $138,500.00 plus interest accrued to the date of the first pub-
lication of this notice in the amount of $23,225.16, 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 HSBC Bank USA, National Association, as
Trustee for Fremont Home Loan Trust 2005 -E, Mortgage Backed Certifi-
cates, Series 2005 -E, 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, Wyo-
ming to the highest bidder for cash at 10:00 o'clock in the forenoon on
May, 22, 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 1 OF BEAR. HOLLOW TWIN HOMES SUBDIVISION,'LIN-
COLN COUNTY, WYOMING AS DESCRIBED ON THE OF
PLAT NO. 393 FILED JUNE 20, 2000 AS INSTRUMENT NO. 866535
OF THE RECORDS OF THE LINCOLN COUNTY CLERK.
with an address of 320 Bear Hollow Circle, Thayne, WY 83127.
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
HSBC Bank USA, National Association, as
Trustee for Fremont Home Loan Trust 2005 -E,
Mortgage Backed Certificates, Series 2005 -E
By: Castle Stawiarski, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307) 333 5379
PUBLISH: April 26, Mav 3, 10, 17, 2012 (12- 00732) 0426A
EXHIBIT B
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
ROSEMARY CAPELLEN NOTARY PUBLIC
COUNTY OF f' ;1 STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES 515/16
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
r
period of �i consecutive issues /weeks;
the first publication being on the 71r)
fu ,20
day of
and the last publication being on the I
day of Cl
20_;
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
L in akr
by Miehael3nsen, Publi.h
Notary Sign
Publisher
Subscribed in my presence and sworn to
before me on this 1 day of
A.D., 20 `2
00498
I IVG.G VI 011G
Malone 12 -00732
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
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 $2,319.80 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 900.00
Title Commitment 633.00
Statutory Notice Fee 92.00
Record AOM 8.00
PUB COST FSN 4 -26 -12 554.80
FTPDD 25.00
Conduct Sale Fee 50.00
Record Cert of Sale 26.00
Record Sheriff's Deed 11.00
Sheriffs Fee Sale 10.00
Sheriffs Fee Deed 10.00
Total $2,319.80
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 AFFI T SAYET,1i^NAUGHT.
State of Wyoming
County of Natrona
n il-) dayof
Castle Stawiarski, LLC.
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i
My commission expires C} ii
Patricia An, Michitsc
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
)et 2012 by Patricia Anne Michitsch as attorney of
(Signa u e f notarial officer)
b fie Rk bk'C
Title (and Rank
Certificate of Sale
Malone 12 -00732
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