HomeMy WebLinkAbout965187STATE 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 December 4, 2006, executed and delivered by Erin
Wielenga Ragain to Mortgage Electronic Registration Systems, Inc., as nominee
for First Horizon Home Loan Corporation its successors and assigns and (b) that
certain mortgage dated December 4, 2006 (the "Mortgage securing said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on December 13, 2006, at Reception No. 925289
in Book 643 at Page 253 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, GREYS RIVER VILLAGE ADDITION TO THE TOWN OF
ALPINE, WITHIN THE NW1 /4SW1/4 OF SECTION 28 AND
NE1 /4SE1/4 OF SECTION 29, TOWNSHIP 37 NORTH, RANGE
118 WEST, ACCORDING TO THAT PLAT FILED IN THE OFFICE
OF COUNTY CLERK, LINCOLN COUNTY, WYOMING.
with an address of 444 Greys River Loop, Alpine, WY 83128
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: MetLife Home Loans, a division of MetLife Bank, N.A.
Assignment dated: March 21, 2012
Assignment recorded: April 27, 2012
Assignment recording information: at Reception No. 964317 in Book 785 at Page
336
RECEIVED 6/19/2012 at 10:49 AM
RECEIVING 965187
BOOK: 788 PAGE: 30
JEANNE WAGNER
LINCOLN COUNTY CLEF "7/1MERER, WY
00030
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, MetLife Home Loans, a division
of MetLife Bank, N.A. "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
Certificate of Sale
Ragain 12 -04536
Page 1 of 7
having general circulation in Lincoln County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the May 24, 2012 issue of said
newspaper and ending with the June 14, 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 19, 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
$172,078.94 "Bid Sum which was bid and offered by MetLife Home Loans, a
division of MetLife Bank, N.A. "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 $2,030.70 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 June 19, 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
19th day of .T 2012.
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M. Shane .TnhnGpn
Sheriff in and for Lincoln County, State
of Wyoming
By 77 i
Print Name: Mitchell Hale
Title: Deptty y Sherif f
Certificate of Sale
Ragain 12 -04536
Page 2 of 7
00031
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 19th day of
June 2012.
My Commission Expires:
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ACKNOWLEDGMENT
SS
Witness my hand and official seal.
CCW 1 6,61 f20
Notary Public
SAVANNA L. KRALL NOTARY PUBLIC
F
STATE O
COUNTY OF SATEO
LINCOLN <1
My Commission Expires
Certificate of Sale
Regain 12 -04536
Page 3 of 7
00032
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 December 4, 2006 (the "Mortgage and
recorded on December 13, 2006, at Reception No. 925289 in Book 643 at Page
253 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 Erin Wielenga
Ragain "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic
Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation
its successors and assigns is the named mortgagee, which Mortgage was
assigned for value as follows:
Assignee: MetLife Home Loans, a division of MetLife Bank, N.A.
Assignment dated: March 21, 2012
Assignment recorded: April 27, 2012
Assignment recording information: at Reception No. 964317 in Book 785 at Page
336
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: 71969009843000511973
CERTIFIED MAIL NO. FSN: 71969009843000520982
MetLife Horne Loans, a div
of MetLife Bank, N.A.
4000 Horizon Way Suite 100
Irving, TX 75063*
CERTIFIED MAIL NO. NOI: 71969009843000511980
CERTIFIED MAIL NO. FSN: 71969009843000520999
CURRENT RESIDENT
444 Greys River Loop
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000511997
CERTIFIED MAIL NO. FSN: 71969009843000521019
Erin Wielenga Ragain
444 Greys River Loop
Alpine, WY 83128*
Q: \docs_cas2K \wy \Mailing.doc
EXHIBIT A
SS
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00033
CERTIFIED MAIL NO. NOI: 71969009843000512000
CERTIFIED MAIL NO. FSN: 71969009843000521026
Erin Wielenga Ragain
PO Box 1391
Jackson, WY 83001 -1391*
CERTIFIED MAIL NO. NOI: 71969009843000512017
CERTIFIED MAIL NO. FSN: 71969009843000521033
RBS Citizens, N.A.
10561 Telegraph Road
Glen Allen, VA 23059*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was May 3, 2012 and the date of the first publication of the notice
of foreclosure sale was May 24, 2012.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
y day of 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski,
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Q: \docs_cas2K \wy \Mailing.doc
FURTHER AFFIANT SAYETH NAUGHT.
l C u KEENER
STATE 0 Y OWNING
COUNTY OF R('F;ONP
CofnmiS:;ion IE J r, 19 2015
is x -zio c ar
ar
My commission expires:
1-3
.Y: P atricia A Michitsch
Castle Stawia( ski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature notarial officer)
Title (and Ra
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00034
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
Q: \docs_cas2K \wy \Mailing.doc
EXHIBIT B
PUBLISHER'S AFFIDAVIT
day of \_f
Subscribed in my presence and sworn to
before me on this (4 day of
u�
KEMMERER, WYOMING
Michael Jense isher
Jensen, Pu.
Notary SigyQure
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
2
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 24
A.D. 20 12
,20 12,
and the last publication being on the 14
day of 0.10.. 20 12
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
ROSEMARY CAPELLEN NOTARY PUBLIC
COUNIYOF `1�' STATE OF
UNCOLN WYOMING
MY COMMISSION EXPIRES 5/5/10
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00035
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 $2,030.70 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Recorded AOM
PUB COST FSN 5 -24 -12
Conduct Sale Fee
Record Cert of Sale
Record Sheriff's Deed
Sheriff's Fee Sale
Sheriffs Fee Deed
FTP Update
Total $2,030.70
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 AFFI at SAYNAUGHT.
jeL Ce_;;
BY: Patricia Awe Michitsch
Castle Stawiar'ski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
State of Wyoming
County of Natrona
y day of
Castle Stawiarski,
,p T p ,':RY f�i. EUC �y
'N'A� CY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
pn'Smis:uioH Expires Jan 19 2015
My commission expires:
/_j 9 /J
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
600.00
763.00
57.50
11.00
467.20
50.00
26.00
11.00
10.00
10.00
25.00
This instrument was acknowledged before me on
2012 by Patricia Anne Michitsch as attorney of
(Signature Gi b
of notarial officer)
Title (and
00036
Ragain 12 -04536
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