HomeMy WebLinkAbout965380STATE 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 January 29, 2010, executed and delivered by Tony
Lorenzo and Crissy Lorenzo to The Bank of Star Valley and (b) that certain
mortgage dated January 29, 2010 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on February 3, 2010, at Reception No. 951963 in Book 741 at
Page 696 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:
283
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LOT 101 OF STAR VALLEY RANCH PLAT 18, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
FILED ON MAY 3, 1979 AS INSTRUMENT NO. 523540 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK.
with an address of 587 Hardman Road, Star Valley Ranch, WY
83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Academy Mortgage Corporation
Assignment dated: June 23, 2011
Assignment recorded: July 11, 2011
Assignment recording information: at Reception No. 960008 in Book 769 at Page
210
Assignee: Mortgage Electronic Registration Systems, Inc.
Assignment dated: September 16, 2011
Assignment recorded: September 22, 2011
Assignment recording information: at Reception No. 961103 in Book 773 at Page
211
Assignee: Bank of America, N.A., as successor by merger to BAC Home Loans
Servicing, LP
Assignment dated: March 12, 2012
Assignment recorded: March 19, 2012
Assignment recording information: at Reception No. 963721 in Book 783 at Page
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.
RECEIVED 7/3/2012 at 10:39 AM
RECEIVING 965380
BOOK: 788 PAGE: 798
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Lorenzo 12 -03656
Page 1 of 7
00798
4. That the power of sale contained in the Mortgage having
been made operative by reason of such default, Bank of America, N.A., as
successor by merger to BAC 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.
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 June 7, 2012 issue of said
newspaper and ending with the June 28, 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 July 3, 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
$170,000.00 "Bid Sum which was bid and offered by Bank of America, N.A.,
as successor by merger to BAC 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 $2,280.30 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.
00799
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 July 3, 2012, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
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Certificate of Sale
Lorenzo 12 -03656
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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Witness my hand and official seal.
SAVANNA L MALL NOTARY PUBLIC
COUNTY OF f� i'`, STATE OF
LINCOLN WYOMING
MyCommi nl ®fl 12-7 (I5
SS
DATED at Kemmerer, Lincoln County, State of Wyoming, this
3rd day of July 2012.
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
ACKNOWLEDGMENT
By: 7 ":27/.
Print Name: Mitchell A Hale
Title: Deputy Sheriff
The foregoing instrument was subscribed in my presence and
acknowledged before me by Mitchell A Hale
Deputy Sheriff of Lincoln County, State of Wyoming, this 3rd day of
July 2012.
Notary Public
Certificate of Sale
Lorenzo 12 -03656
Page 3 of 7
00800
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
00801
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 January 29, 2010 (the "Mortgage and
recorded on February 3, 2010, at Reception No. 951963 in Book 741 at Page
696 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 Tony Lorenzo and
Crissy Lorenzo "Mortgagor(s) the named mortgagor(s), and The Bank of Star
Valley is the named mortgagee, which Mortgage was assigned for value as
follows:
Assignee: Academy Mortgage Corporation
Assignment dated: June 23, 2011
Assignment recorded: July 11, 2011
Assignment recording information: at Reception No. 960008 in Book 769 at Page
210
Assignee: Mortgage Electronic Registration Systems, Inc.
Assignment dated: September 16, 2011
Assignment recorded: September 22, 2011
Assignment recording information: at Reception No. 961103 in Book 773 at Page
211
Assignee: Bank of America, N.A., as successor by merger to BAC Home Loans
Servicing, LP
Assignment dated: March 12, 2012
Assignment recorded: March 19, 2012
Assignment recording information: at Reception No. 963721 in Book 783 at Page
283
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:
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Certificate of Sale
Lorenzo 12 -03656
Page 4 of 7
CERTIFIED MAIL NO. NOI: 71969009843000526809
CERTIFIED MAIL NO. FSN: 71969009843000529701
Bank of America, N.A.
400 National Way, SV 35,
P.O. Box 10232
Simi Valley, CA 93065 -6298*
CERTIFIED MAIL NO. NOI: 71969009843000526816
CERTIFIED MAIL NO. FSN: 71969009843000529718
CURRENT RESIDENT
587 Hardman Road
Star Valley Ranch, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000526823
CERTIFIED MAIL NO. FSN: 71969009843000529725
Tony Lorenzo
587 Hardman Road
Star Valley Ranch, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000526830
CERTIFIED MAIL NO. FSN: 71969009843000529732
Tony Lorenzo
HC 62 P.O. Box 7224
Thayne, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000526847
CERTIFIED MAIL NO. FSN: 71969009843000529749
Crissy Lorenzo
587 Hardman Road
Star Valley Ranch, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000526854
CERTIFIED MAIL NO. FSN: 71969009843000529756
Crissy Lorenzo
HC 62 P.O. Box 7224
Thayne, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000526861
CERTIFIED MAIL NO. FSN: 71969009843000529763
Star Valley Ranch
Homeowner's Association
HC 62, P.O. Box 7008
Star Valey Ranch, WY 83120*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was May 23, 2012 and the date of the first publication of the notice
of foreclosure sale was June 7, 2012.
State of Wyoming
County of Natrona
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FURTHER AFFIANT SAYETH NAUGHT.
This instrument was acknowledged before me on
Z day of 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, 1LC.
NQ 'AR PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
Commission Ex•ires Jan 19 2015
My commission expires:
/9 is
may: Patricia A e Micts6h
Castle Stawi- ski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
lee
Title (and
Certificate of Sale
Lorenzo 12 -03656
Page 5 of 7
0080`?
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
PUBLISHER'S AFFIDAVIT
EXHIBIT B
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
ROSEMARY CAPELLEN NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN t WYOMING
MY COMMISSION EXPIRES 5/5/16
Jensen, Pub
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
day of k,4Q, 20 12.
and the last publication being on the 28
day of
20 t.2
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael Jensen,
Subscribed in my presence and sworn to
before me on this ,S day of
A.D., 20 1,2,
°sh
10.4 I Ai i..' ii.
Notary Sign ure
i
Lorenzo 12 -03656
Page 6 of 7
00803
STATE OF WYOMING
COUNTY OF NATRONA
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
PUB COST FSN 6 -7 -12
FTPDD
Conduct Sale Fee
Record Cert. of Sale
Record Assign of Cert. of Sale
Record Sheriffs Deed
Sheriff's Fee Sale
Sheriff's Fee Deed
State of Wyoming
County of Natrona
NnA Y PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
My Commission Ex Tres Jan 19, ri5
My commission expires:
i_/
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
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 $2,280.30 as compensation for services
actually rendered in the foreclosure proceeding.
Total $2,280.30
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 AFF ,NT NAUGHT.
By: Patricia 'nne Michch
Castle St iarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
day of ,,,.s 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
c� K
(Signature bf notarial officer)
Title (and Rik)
700.00
802.00
80.50
554.80
25.00
50.00
26.00
11.00
11.00
10.00
10.00
00804
Certificate of Sale
Lorenzo 12 -03656
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