Loading...
HomeMy WebLinkAbout965040STATE 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 October 16, 2002, executed and delivered by Chris W. Hancock and Martice M. Hancock to Mortgage Electronic Registration Systems, Inc., as nominee for Major Mortgage its successors and assigns and (b) that certain mortgage dated October 16, 2002 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 22, 2002, at Reception No. 884961 in Book 502PR at Page 433 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: COSPkg LOT 96 OF PRATER CANYON ESTATES UNIT NUMBER 4, AS PLATTED AND RECORDED IN THE OFFICIAL RECORDS OF LINCOLN COUNTY, WYOMING. with an address of 209 Piute Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: RECEIVED 6/12/2012 at 10:12 AM RECEIVING 965040 BOOK: 787 PAGE: 663 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Assignee: CitiMortgage, Inc. Assignment dated: January 26, 2012 Assignment recorded: February 13, 2012 Assignment recording information: at Reception No. 963218 in Book 781 at Page 210 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, CitiMortgage, Inc. "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 Certificate of Sale Hancock 12 -01214 Page 1 of 7 00663 four (4) consecutive weeks, commencing with the May 17, 2012 issue of said newspaper and ending with the June 7, 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 June 12, 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 $96,465.87 "Bid Sum which was bid and offered by CitiMortgage, Inc. "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 $2,886.05 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 June 12, 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 12thday of June 2012. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Mitchell Hale Title: Deputy Sheriff Certificate of Sale Hancock 12 -01214 Page 2 of 7 00664 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg 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 12th day of June 2012. Witness my hand and official seal. OUSCUYVVvt 1 4./L0) Notary Public SAVANNA L. KRALL NOTARY PUBLIC COUNTY OF STATE OF LINCOLN 11 WYOMI xp ree Commission My Certificate of Sale Hancock 12 -01214 Page 3 of 7 00665 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 October 16, 2002 (the "Mortgage and recorded on October 22, 2002, at Reception No. 884961 in Book 502PR at Page 433 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 Chris W. Hancock and Martice M. Hancock "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Major Mortgage its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: CitiMortgage, Inc. Assignment dated: January 26, 2012 Assignment recorded: February 13, 2012 Assignment recording information: at Reception No. 963218 in Book 781 at Page 210 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: 71969009843000509062 CERTIFIED MAIL NO. FSN: 71969009843000512390 CERTIFIED MAIL NO. FSN2: 71969009843000536952 CERTIFIED MAIL NO. FSN3: 71969009843000516275 CitiMortgage, Inc. 1000 Technology Drive, MS 314 0 Fallon, MO 63368 -2240* CERTIFIED MAIL NO. NOI: 71969009843000509079 CERTIFIED MAIL NO. FSN: 71969009843000512413 CERTIFIED MAIL NO. FSN2: 71969009843000536969 CERTIFIED MAIL NO. FSN3: 71969009843000516282 CURRENT RESIDENT 209 Piute Drive Thayne, WY 83127* COSPkg Certificate of Sale Hancock 12 -01214 Page 4of7 00666 CERTIFIED MAIL NO. NOI: 71969009843000509086 CERTIFIED MAIL NO. FSN: 71969009843000512420 CERTIFIED MAIL NO. FSN2: 71969009843000536976 CERTIFIED MAIL NO. FSN3: 71969009843000516299 Chris W Hancock 209 Piute Drive Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000509093 CERTIFIED MAIL NO. FSN: 71969009843000512437 CERTIFIED MAIL NO. FSN2: 71969009843000536983 CERTIFIED MAIL NO. FSN3: 71969009843000516305 Chris W Hancock PO Box 165 Freedom, WY 83120* CERTIFIED MAIL NO. NOI: 71969009843000509109 CERTIFIED MAIL NO. FSN: 71969009843000512444 CERTIFIED MAIL NO. FSN2: 71969009843000536990 CERTIFIED MAIL NO. FSN3: 71969009843000516312 Martice M Hancock 209 Piute Drive Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000509116 CERTIFIED MAIL NO. FSN: 71969009843000512451 CERTIFIED MAIL NO. FSN2: 71969009843000537003 CERTIFIED MAIL NO. FSN3: 71969009843000516329 Martice M Hancock PO Box 165 Freedom, WY 83120* CERTIFIED MAIL NO. NOr: 71969009843000509123 CERTIFIED MAIL NO. FSN: 71969009843000512468 CERTIFIED MAIL NO. FSN2: 71969009843000537010 CERTIFIED MAIL NO. FSN3: 71969009843000516336 National City Mortgage 6750 Miller Road Brecksville, OH 44141* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 16, 2012 and the date of the first publication of the notice of foreclosure sale was March 1, 2012. Republishing began again on April 5, 2012 and again on May 17, 2012. State of Wyoming County of Natrona day of Castle Stawiarski, COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 2012 by Patricia Anne Michitsch as attorney of LC. ACS.v w.rt �s? psw. NO ArtY nU13Lk NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex mes Jan 19 2015 My commission expires: i 9 By: Patricia A 'e Michi sc Castle Stawir ki, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 -7 (Signature of notarial officer) Title (and Raf'fk) Certificate of Sale Hancock 12 -01214 Page 5 of 7 u0667 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming PUBLISHER'S AFFIDAVIT EXHIBIT B 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 period of 4 consecutive issues /weeks; the first publication being on the l day of (,CA 20 12. and the last publication being on the day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELL N NOTARY PUBLIC COUNTY OF STATE OF LINCOLN R WYOMING MY COMMISSION EXPIRES 5/5/16 Publisher Subscribed in my presence and sworn to before me on this t day of A.D., 20 (ALL 20 12 Michael Je KEMMERER, WYOMING Hancock 12 -01214 Page 6 of 7 00668 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 $2,886.05 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee AOM Recording Fee PUB COST FSN 3 -1 -12 FTP Update x 2 PUB COST FSN2 4 -5 -12 PUB COST FSN3 5 -17 -12 Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Total $2,886.05 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 AFFIA SAYET NAUGHT. State of Wyoming County of Natrona 9 day of Cast e Stawiarski, 'tLC. NCThR'r" PUBLJC NANCY KEENER STATE OF WYONNO COUNTY OF NATRONA Commission 19, 2015 This instrument was acknowledged before me on 2012 by Patricia Anne Michitsch as attorney of My commission expires: COSPkg 7 "/c EXHIBIT C AFFIDAVIT OF ATTORNEY SS By: atricia Anne 1 ichitsc Castle Stawiarsk', LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and Ran 700.00 516.00 161.00 11.00 452.60 150.00 339.45 438.00 50.00 26.00 11.00 11.00 10.00 10.00 Certificate of Sale Hancock 12 -01214 Page 7 of 7 00669