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HomeMy WebLinkAbout965267STATE 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 November 7, 2005, executed and delivered by Sunnie D. Seghetti aka Sunnie Seghetti to Mortgage Electronic Registration Systems, Inc., as nominee for People's Choice Home Loan, Inc., its successors and assigns and (b) that certain mortgage dated November 7, 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. 913594 in Book 604 at Page 380 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 31 OF THE GRANDVIEW ENTERPRISES, 2ND ADDITION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING, AS DESCRIBED ON PLAT INSTRUMENT NO. 876408 OF THE RECORDS OF LINCOLN COUNTY CLERK. with an address of 637 Mountain Drive, Alpine, WY 83128 Together with all improvements thereon situate and N w w all fixtures and appurtenances thereto. csi z o a W The mortgage was assigned for value as follows: w U z Assignee: The Bank of New York Mellon Trust Company, National Association z FKA The Bank of New York Trust Company, N.A. as successor to JPMorgan co Chase Bank, N.A. as Trustee o z Assignment dated: April 23, 2010 w o 0 Assignment recorded: May 3, 2010 z Assignment recording information: at Reception No. 953224 in Book 746 at Page re 599 Assignee: The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A. successor to JPMorgan Chase Bank N.A. for RAMP 2006 -RS4 Assignment dated: May 2, 2012 Assignment recorded: May 9, 2012 Assignment recording information: at Reception No. 964469 in Book 785 at Page 802 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. COSPkg Certificate of Sale Sunnie D. Seghetti aka Sunnie Seghetti 12 -03376 Page 1 of 7 00281 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A. successor to JPMorgan Chase Bank N.A. for RAMP 2006 -RS4 "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 May 31, 2012 issue of said newspaper and ending with the June 21, 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 26, 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 $48,750.00 "Bid Sum which was bid and offered by The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A. successor to JPMorgan Chase Bank N.A. for RAMP 2006 -RS4 "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 $2,085.80 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 June 26, 2012, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Sunnie D. Seghetti aka Sunnie Seghetti 12 -03376 Page 2 of 7 00282 DATED at Kemmerer, Lincoln County, State of Wyoming, this 26thday of June 2012. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: ,liff Bo Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 26th day of June 2012. Noary Public /t.ti,(2 Certificate of Sale Sunnie D. Seghetti aka Sunnie Seghetti 12 -03376 Page 3 of 7 00283 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 November 7, 2005 (the "Mortgage and recorded on November 10, 2005, at Reception No. 913594 in Book 604 at Page 380 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 Sunnie D. Seghetti aka Sunnie Seghetti "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for People's Choice Home Loan, Inc., its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, N.A. as Trustee Assignment dated: April 23, 2010 Assignment recorded: May 3, 2010 Assignment recording information: at Reception No. 953224 in Book 746 at Page 599 Assignee: The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A. successor to JPMorgan Chase Bank N.A. for RAMP 2006 -RS4 Assignment dated: May 2, 2012 Assignment recorded: May 9, 2012 Assignment recording information: at Reception No. 964469 in Book 785 at Page 802 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: COSPkg Certificate of Sale Sunnie D. Seghetti aka Sunnie Seghetti 12 -03376 Page 4 of 7 00284 CERTIFIED MAIL NO. NOI:70112970000393548058 CERTIFIED MAIL NO. FSN:70112970000393546542 The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A. successor to JPMorgan Chase Bank N.A. for RAMP 2006 -RS4 1100 Virginia Drive Fort Washington, PA 19034* CERTIFIED MAIL NO. NOI: 71969009843000520432 CERTIFIED MAIL NO. FSN: 71969009843000524621 CURRENT RESIDENT 637 Mountain Drive Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000520449 CERTIFIED MAIL NO. FSN: 71969009843000524638 Sunnie D. Seghetti aka Sunnie Seghetti 637 Mountain Drive Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000520456 CERTIFIED MAIL NO. FSN: 71969009843000524645 Sunnie D. Seghetti aka Sunnie Seghetti P.O. Box 2052 Jackson, WY 83001 -2052* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 16, 2012 and the date of the first publication of the notice of foreclosure sale was May 31, 2012. State of Wyoming County of Natrona This instrument was acknowledged before me on T day of 2012 by P. icia Ann- ichitsch as attorney of Castle Stawiarsk LLC. KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Ex Tres Jan 19, 2015 My commission expires: COSPkg ,064r FURTHER AFFIANT SAYETH NAUGHT. Er NOTARY PUELUC _'y: Patricia An Michitscn Castle Stawia i, LLC 330 So. Wash Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and Ra Certificate of Sale Sunnie D. Seghetti aka Sunnie Seghetti 12 -03376 Page 5 of 7 0028 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming EXHIBIT B PUBLISHER'S AFFIDAVIT 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 period of consecutive issues /weeks; the first publication being on the 1 `r day of 1 C 20 12- and the last publication being on the 2 i day of I UPI-- 20 12 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jensen, fisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF LINCOLN f: WYOMIN MY COMMISSION EXPIRES 5/5118 Subscribed in my presence and sworn to before me on this 2.1 day of A.D., 20 12. Michael 5nsen, Publisher. n ary Signature Sunnie D. Seghetti aka Sunnie Seghetti 12 -03376 Page6of7 00286 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 $2,085.80 as compensation for services actually rendered in the foreclosure proceeding. a J of COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 5 -31 -12 Record AOM Conduct Sale Fee Record Cert of Sale Record Sheriff's Deed Sheriff's Fee Sale Sheriff's Fee Deed FTP Update Total $2,085.80 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 AFFIAN F -SAYET NAUGHT. B'y: Patricia Avfe Michitse1 Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona This instrument was acknowledged before me on 2012 by Pa ,icia Anne Michitsch as attorney of Castle Stawiarski, LLC. NO1ARY PUBLIC KELLEY L DRELIDHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Expires Jan 19, 2015 My commission expires: //y /S- EXHIBIT C AFFIDAVIT OF ATTORNEY SS Title (and Ra 600.00 745.00 46.00 554.80 8.00 50.00 26.00 11.00 10.00 10.00 25.00 Certificate of Sale Sunnie D. Seghetti aka Sunnie Seghetti 12 -03376 Page 7 of 7 00287