HomeMy WebLinkAbout964785STATE 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 July 31, 2008, executed and delivered by Timothy
Feil and Alfred G Hagen to Mortgage Electronic Registration Systems, Inc., as
nominee for GMAC Mortgage, LLC f /k/a GMAC Mortgage Corporation its
successors and assigns and (b) that certain mortgage dated July 31, 2008 (the
"Mortgage securing said note, which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on August 1, 2008, at
Reception No. 940950 in Book 701 at Page 292 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:
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LOT 43 OF PALIS PARK SUBDIVISION, LINCOLN COUNTY,
WYOMING, ACCORDING TO THE OFFICIAL PLAT THEREOF
FILED JUNE 18, 1991, AS RECEIVING NO. 734076, IN THE
OFFICE OF THE CLERK OF LINCOLN COUNTY, STATE OF
WYOMING, AS PLAT NO. 165 -A
with an address of 189 W Mill Cir, Alpine, WY 83128
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: GMAC Mortgage, LLC
Assignment dated: March 31, 2013
Assignment recorded: April 6, 2012
Assignment recording information: at Reception No. 964000 in Book 784 at Page
302
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, GMAC Mortgage, 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.
RECEIVED 5/29/2012 at 10:40 AM
RECEIVING 964785
BOOK: 786 PAGE: 809
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Feil 12 -03749
Page 1 of 7
00809
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 May 3, 2012 issue of said
newspaper and ending with the May 24, 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 29, 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
$241,074.89 "Bid Sum which was bid and offered by GMAC Mortgage, 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 $2,157.60 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 29, 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
29th day of May 2012.
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
Print Name:
Title:
By: 72, 4
Mitchell Hale
Deputy Sheriff
Certificate of Sale
Feil 12 -03749
Page 2 of 7
00810
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my presence and
acknowledged before me by Mitchell Hale
Deputy Sheriff of Lincoln County, State of Wyoming, this 29th day of
May 2012.
My Commission Expires:
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ACKNOWLEDGMENT
Witness my hand and official seal.
N(tary P b pAt
ct't�;: !fi'
=COL ri •.I,. OF
SS
00811
of Sale
Fell 12 -03749
Page 3of7
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 July 31, 2008 (the "Mortgage and recorded
on August 1, 2008, at Reception No. 940950 in Book 701 at Page 292 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 Timothy Feil and Alfred G Hagen
"Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration
Systems, Inc., as nominee for GMAC Mortgage, LLC f /k /a GMAC Mortgage
Corporation its successors and assigns is the named mortgagee, which
Mortgage was assigned for value as follows:
Assignee: GMAC Mortgage, LLC
Assignment dated: March 31, 2013
Assignment recorded: April 6, 2012
Assignment recording information: at Reception No. 964000 in Book 784 at Page
302
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: 71969009843000548542
CERTIFIED MAIL NO. FSN: 71969009843000505668
GMAC Mortgage, LLC
1100 Virginia Drive
Fort Washington, PA 19034*
CERTIFIED MAIL NO. NOI: 71969009843000548559
CERTIFIED MAIL NO. FSN: 71969009843000505675
CURRENT RESIDENT
189 W Mi11 Cir
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000548566
CERTIFIED MAIL NO. FSN: 71969009843000505699
Timothy Feil
189 W Mill Cir
Alpine, WY 83128*
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EXHIBIT A
SS
Certificate of Sale
Fell 12 -03749
Page 4 of 7
00812
CERTIFIED MAIL NO. NOl: 71969009843000548573
CERTIFIED MAIL NO. FSN: 71969009843000505705
Timothy Feil
PO Box 13723
Jackson Hole, WY 83002 -3723*
CERTIFIED MAIL NO. NOI: 71969009843000548580
CERTIFIED MAIL NO. FSN: 71969009843000505712
Alfred G Hagen
189 W Mill Cir
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000548597
CERTIFIED MAIL NO. FSN: 71969009843000505729
Alfred G Hagen
PO Box 13723
Jackson Hole, WY 83002 -3723*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was April 16, 2012 and the date of the first publication of the notice
of foreclosure sale was May 3, 2012.
State of Wyoming
County of Natrona
My commission expires:
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FURTHER AFFIANT SAYETH NAUGHT.
latricia Anne/Michitsch
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
,Q3 day of ALA, 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
(Sig ture of notarial officer)
Title (and Rank)
Certificate of Sale
Feil 12 -03749
Page 5 of 7
00813
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALE NOTICE
WHEREAS, default in the payment of principal and interest has
occurred under the terms of a promissory note (the "Note dated July
31, 2008, executed and delivered by Timothy Feil and Alfred G Hagen
"Mortgagor(s) to Mortgage Electronic Registration Systems, Inc;, as
nominee for GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation
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 August 1, 2008, at Reception No. 940950 in Book 701
at Page 292 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: GMAC Mortgage, LLC
Assignment dated: March 31, 2013
Assignment rccorded: April 6, 2012
Assignment recording information: at Reception. No. 964000 in Book
784 at Page 302
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 $236,286.72 which sum consists of the unpaid principal balance of
$227,958.91 plus interest accrued to the date of the first publication of this
notice in the amount of $7,639.36, 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 pro-
spective purchaser should research the status of title before submitting a bid;
NOW, THEREFORE GMAC Mortgage, 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 29, 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 uyit:
LOT 43 OF' PALISr PARK SUBDIVISION, LINCOLN COUNTY,
W AC CORDING TO THE OFFICIAL PLAT THEREOF
FIL ED.JUNE 18,1991, AS RECEIVING NO.734076, IN THE OFFICE
ouN
,CLERK. LINCOLN COUNTY, STATE OF WYOMING; AS
PLAT NO. 165 -'A.
witfran address of 189 W Mill Cir, Alpine, WY 83128,
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
GMAC Mortgage, LLC
By: Castle Stawiarski, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307) 3335379
PUBLISH: Mav 3, 10, 17, 24, 2012 (12- 03749) 0503
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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
circulation in said County and State; and
that the legal notice herein attached was
published in said newspaper for the full
period of Ai consecutive issues/weeks;
the first publication being on the
of (ul 20 17.
and the last publication being on the 24
day of `"(V 1 «A. 2042,_;
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
Signed)
Publisher
ROSEMARY CAPELLEN NOTARY PUBLIC
COUNTY OF
LINCOLN
STATE OF
WYOMINU
MY COMMISSION EXPIRES 5/5/18
Subscribed in my presence and sworn to
before me on this
by (tic
Notary Sign
Michael Jensen,
Jensen, Publis
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
day of
A.D., 20 12,
00814
ueruncate or aaie
Fell 12 -03749
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Record AOM
PUB COST FSN 5 -3 -12
Conduct Sale Fee
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriffs Deed
Sheriff's Fee Sale
Sheriff's Fee Deed
FTP Update
State of Wyoming
County of Natrona
Castle Stawiarski, LLC
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
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 $2,157.60 as compensation for services
actually rendered in the foreclosure proceeding.
Total $2,157.60
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 SAYEIH NAUGHT.
47,
Patricia Anrt.e'Michitsch
Castle Stawiars<i, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
day
of 2012 by P. ricia Anne 4 ichitsch as attorney of
J&_
gnatur'• of not iall o ficer)
SS
Title (and R. nk)
650.00
835.00
69.00
8.00
452.60
50.00
26.00
11.00
11.00
10.00
10.00
25.00
00815
Certificate of Sale
Feil 12 -03749
Page 7 of 7