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HomeMy WebLinkAbout965587STATE 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 March 18, 2009, executed and delivered by Fernando Ramos Tzompa and Claudia V Rivera Chavez to Mortgage Electronic Registration Systems, Inc., as nominee for PHH Mortgage Corporation d /b /a PHH Mortgage Services its successors and assigns and (b) that certain mortgage dated March 18, 2009 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 13, 2009, at Reception No. 946514 in Book 720 at Page 448 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 ALL OF THE FOLLOWING DESCRIBED REAL PROPERTY, TO- WIT: LOT 207 OF NORDIC RANCHES, DIVISION NO. 13, LINCOLN COUNTY, WYOMING, AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 185 Spur Loop, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: PHH Mortgage Corporation Assignment dated: May 16, 2012 Assignment recorded: June 4, 2012 Assignment recording information: at Reception No. 964916 in Book 787 at Page 288 3. That no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof. RECEIVED 7/17/2012 at 11:07 AM RECEIVING 965587 BOOK: 789 PAGE: 581 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY uu581 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, PHH Mortgage Corporation "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. Certificate of Sale Ramos Tzompa 12 -05983 Page 1 of 7 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 21, 2012 issue of said newspaper and ending with the July 12, 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 17, 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 $280,875.39 "Bid Sum which was bid and offered by PHH Mortgage Corporation "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 $2,265.20 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 July 17, 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 17th day of July 2012. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: 7 f7� Print Name: Mitchell A Hale Title: Deputy Sheriff 00582 Certificate of Sale Ramos Tzompa 12 -05983 Page 2 of 7 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 A Hale Deputy Sheriff of Lincoln County, State of Wyoming, this 17th day of July 2012. Witness my hand and official seal. Notary Public SAVA NAL, RALL- NOTARY PUBLIC COUNTY a STATE OF LIN Ot N �1 WYOMING Certificate of Sale Ramos Tzompa 12 -05983 Page3of7 00583 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 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 March 18, 2009 (the "Mortgage and recorded on April 13, 2009, at Reception No. 946514 in Book 720 at Page 448 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 Fernando Ramos Tzompa and Claudia V Rivera Chavez "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for PHH Mortgage Corporation d /b /a PHH Mortgage Services its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: PHH Mortgage Corporation Assignment dated: May 16, 2012 Assignment recorded: June 4, 2012 Assignment recording information: at Reception No. 964916 in Book 787 at Page 288 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: 71969009843000535627 CERTIFIED MAIL NO. FSN: 71969009843000539243 PHH Mortgage Corporation 4001 Leadenhall Road Mt Laurel, NJ 08054* CERTIFIED MAIL NO. NO1: 71969009843000535634 CERTIFIED MAIL NO. FSN: 71969009843000539250 CURRENT RESIDENT 185 Spur Loop Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000535641 CERTIFIED MAIL NO. FSN: 71969009843000539267 Fernando Ramos Tzompa 185 Spur Loop Etna, WY 83118* COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 00584 Certificate of Sale Ramos Tzompa 12 -05983 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000535658 CERTIFIED MAIL NO. FSN: 71969009843000539274 Fernando Ramos Tzompa PO Box 11266 Jackson, WY 83002* CERTIFIED MAIL NO. NOI: 71969009843000535665 CERTIFIED MAIL NO. FSN: 71969009843000539281 Claudia V Rivera Chavez 185 Spur Loop Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000535672 CERTIFIED MAIL NO. FSN: 71969009843000539298 Claudia V Rivera Chavez PO Box 11266 Jackson, WY 83002* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 8, 2012 and the date of the first publication of the notice of foreclosure sale was June 21, 2012. State of Wyoming County of Natrona 1 Dr h day of COSPkg Castle Stawiarski, LLC. FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC CRYSTAL L BARNES 1 STATE OF WYOMING COUNTY OF NATRO lr, �H 07.71'ih11551011 ERpli'fS .1w My commission expires: y: atricia A e Michit c Castle Stawi rski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2012 by Patricia Anne Michitsch as attorney of (Si e of notari officer) c a Rth l G Title (and Ra Certificate of Sale Ramos Tzompa 12 -05983 Page 5 of 7 00585 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming �S at I aso OS f4x ,,y and a i al est t orCgag( he Note, h16 Y Mo gagt t o Isar l s 9 r t gagee 3 X09 e p1 on cunt) ,for Lincolr C',Coun ,'Statf has. oc c1 18 s -Tzomp and Clapdi<. El ectronic giatratror orpor'a �`r d/b /a °PHF: REPT 983) PUBLISHER'S AFFIDAVIT a&ee eput} orSca 60 0 ierer EXHIBIT B 21 day of KEMMERER, WYOMING Subscribed in my presence and sworn to el Jensen, Publisher Notary Signatu STATE OF WYOMING )ss. COUNTY OF LINCOLN by ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY i STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES one Michael before me on this 12 day of Publisher A.D., 20 1 2 41 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 21 day of JOIL and the last publication being on the (2 ,20 17 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) 00586 Ramos Tzompa 12 -05983 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Recorded AOM PUB COST FSN 6 -21 -12 Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriff's Fee Sale Sheriffs Fee Deed FTP Update State of Wyoming County of Natrona a day of My commission expires: COSPkg 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 $2,265.20 as compensation for services actually rendered in the foreclosure proceeding. 650.00 925.00 69.00 11.00 467.20 50.00 26.00 11.00 11.00 10.00 10.00 25.00 Total $2,265.20 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 SAYE TF NAUGHT., B Patricia Ann ichitsch Castle Stawiars LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. F3i3:iR8�F3£jt3'.' t. F_4TF•�E.SS;i.F.::aE.3t3� -t�:'. NOTARY PUBLIC kca d eA(Lcra,) CRYSTAL L BARNES STATE of lgAT O (Signature of notarial o cer) COUNTY IbATi'v !TY OF 't 201:3 1 �1 Fly Commission Expires Jan 19, 4 Title (and Rank Certificate of Sale Ramos Tzompa 12 -05983 Page 7 of 7 00587