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HomeMy WebLinkAbout965269STATE 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 June 14, 2006, executed and delivered by Charlet Starr to Mortgage Electronic Registration Systems, Inc., as nominee for Mountain States Mortgage Centers Inc. its successors and assigns and (b) that certain mortgage dated June 14, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 20, 2006, at Reception No. 919492 in Book 623 at Page 796 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 43 OF RIVER VIEW MEADOWS ADDITION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE. OFFICIAL PLAT FILED ON JULY 2, 1993 AS INSTRUMENT NO. 767416 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 363 Riverview Drive, Alpine, WY 83128 -0000 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: December 2, 2011 Assignment recorded: December 12, 2011 Assignment recording information: at Reception No. 962305 in Book 777 at Page 731 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, Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP "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 6/26/2012 at 10:20 AM RECEIVING 965269 BOOK: 788 PAGE: 295 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Starr aka Charlet L. Starr 12 -04123 Page 1 of 7 00295 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 $348,773.68 "Bid Sum which was bid and offered by Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP "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 $3,088.60 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 June 26, 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 26th of June 2012. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Title: P/4 if Boyd Deputy ShPrtff Certificate of Sale Starr aka Charlet L. Starr 12 -04123 Page 2 of 7 00296 STATE OF WYOMING COUNTY OF LINCOLN 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. My Commission Expires: COS Pkg ACKNOWLEDGMENT SS Witness my hand and official seal. SAVANNA L. KRALL NOTARY PUBLIC COUNTY OF STATE OF LINCOLN 'ci/ ;I WYOMING LINCOLN �(��A:'`� >7 My Commission Expires Nota Public 04)297 Certificate of Sale Starr aka Charlet L. Starr 12 -04123 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE CERTIFIED MAIL NO. NOI: 71969009843000543615 CERTIFIED MAIL NO. FSN: 71969009843000552181 CERTIFIED MAIL NO. FSN2: 71969009843000524867 CURRENT RESIDENT 363 Riverview Drive Alpine, WY 83128 -0000* SS 00298 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 June 14, 2006 (the "Mortgage and recorded on June 20, 2006, at Reception No. 919492 in Book 623 at Page 796 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 Charlet Starr "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Mountain States Mortgage Centers Inc. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: December 2, 2011 Assignment recorded: December 12, 2011 Assignment recording information: at Reception No. 962305 in Book 777 at Page 731 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: 70112970000393526216 CERTIFIED MAIL NO. FSN:70112970000393533498 CERTIFIED MAIL NO. FSN2:70112970000393546566 Bank of America, N.A., successor by merger to BAC Horne Loans Servicing, LP fka Countrywide Home Loans Servicing LP 400 National Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* Certificate of Sale Starr aka Charlet L. Starr 12 -04123 Page 4of7 CERTIFIED MAIL NO. NOI: 71969009843000543622 CERTIFIED MAIL NO. FSN: 71969009843000552198 CERTIFIED MAIL NO. FSN2: 71969009843000524874 Charlet Starr aka Charlet L. Starr 363 Riverview Drive Alpine, WY 83128 -0000* CERTIFIED MAIL NO. NOI: 71969009843000543639 CERTIFIED MAIL NO. FSN: 71969009843000552211 CERTIFIED MAIL NO. FSN2: 71969009843000524881 Charlet Starr aka Charlet L. Starr P.O. Box 554 Jackson, WY 83001 -0554* State of Wyoming County of Natrona ti NOTA UBUC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex ires Jan 19 2015 My commission expires: /-/9.(c COSPkg 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 9, 2012 and the date of the first publication of the notice of foreclosure sale was April 26, 2012. Re- publication began on May 31, 2012. FURTHER AFFIANT SAYETH NAUGHT. FSy: Patricia A e Michits'ch Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LC. Signat of notarial officer) 10299 Certificate of Sale Starr aka Charlet L. Starr 12 -04123 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming PUBLISHER'S AFFIDAVIT EXHIBIT B by(NTi ROSEMARY CAPELLEN NOTARY PUBUC COUNTY OF '1�� STATE OF UNCOLN WYOMING MY COMMISSION IXPIRES 5/5/16 e blisher I, Michael Jensen, do hereby, upon my oath, depose and say that 1 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 31 day of L1m ,t day of W tX� V Michael Jense otary Signa KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ,20 12, and the last publication being on the 2,1 20 12, and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Subscribed in my presence and sworn to before me on this 2.1 day of VW. A.D., 20 k s ae nsen, Publi h t 0 00'300 Starr aka Charlet L. Starr 12 -04123 Page 6 of 7 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 $3,088.60 as compensation for services actually rendered in the foreclosure proceeding. 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 AFFIAAI'T"SAYE AUGHT State of Wyoming County of Natrona I day of Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee HOPP Transfer Fee PUB COST FSN 4 -26 -12 FTPDD x 2 PUB COST FSN 5 -31 -12 Record Cert. of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriff's Fee Deed Conduct Sale Fee Record Assign of Cert. of Sale Total $3,088.60 Castle Stawiarski, LC. NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex Tres Jan 19 2015 My commission expires: COSPkg i EXHIBIT C AFFIDAVIT OF ATTORNEY SS 600.00 1,038.00 69.00 150.00 481.80 150.00 481.80 26.00 11.00 10.00 10.00 50.00 11.00 i�Patricia Anne lchitsch Castle Stawiarski, LC 330 So. Walsh rive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2012 by Patricia Anne Michitsch as attorney of (Signature of notarial officer) Title and n 00301 Certificate of Sale Starr aka Charlet L. Starr 12 -04123 Page 7 of 7