Loading...
HomeMy WebLinkAbout965832STATE 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 May 4, 2007, executed and delivered by David E. Jager and Amy C. Riffle -Jager to Mortgage Electronic Registration Systems, Inc., as nominee for Bank of Jackson Hole its successors and assigns and (b) that certain mortgage dated May 4, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 10, 2007, at Reception No. 929203 in Book 657 at Page 441 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 59 OF STAR VALLEY RANCH PLAT 15, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON SEPTEMBER 27, 1978 AS INSTRUMENT NO. 514466 (ERRONOUSLY SHOWN ON THE MORTGAGE AS INSTRUMENT NO. 544466) OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 194 Alpenglow Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 0046 Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: March 2, 2012 Assignment recorded: March 12, 2012 Assignment recording information: at Reception No. 963603 in Book 782 at Page 709 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 7/31/2012 at 10:48 AM RECEIVING 965832 BOOK: 790 PAGE: 468 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Jager 12 -03072 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 July 5, 2012 issue of said newspaper and ending with the July 26, 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 31, 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 $247,568.70 "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 $2,324.90 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 31, 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 Jager 12 -03072 Page 2 of 7 00469 DATED at Kemmerer, Lincoln County, State of Wyoming, this 31st day of July 2012. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. Nota SAVA NA L, RALL NOTARY PUBLIC COUNTY OF STATE OF LINCOLN �1�- OMING My Commission Expires M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: 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 31st day of July 2012. Public uu470 Certificate of Sale Jager 12 -03072 Page 3 of 7 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 May 4, 2007 (the "Mortgage and recorded on May 10, 2007, at Reception No. 929203 in Book 657 at Page 441 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 David E. Jager and Amy C. Riffle Jager "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Bank of Jackson Hole 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: March 2, 2012 Assignment recorded: March 12, 2012 Assignment recording information: at Reception No. 963603 in Book 782 at Page 709 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:70112970000393536598 CERTIFIED MAIL NO. FSN:71120470000020005343 Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP 400 National Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000543929 CERTIFIED MAIL NO. FSN: 71969009843000548054 CURRENT RESIDENT 194 Alpenglow Drive Thayne, WY 83127* COSPkg Certificate of Sale Jager 12 -03072 Page 4 of 7 00471 CERTIFIED MAIL NO. NOI: 71969009843000543936 CERTIFIED MAIL NO. FSN: 71969009843000548061 David E. Jager 194 Alpenglow Drive Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000543943 CERTIFIED MAIL NO. FSN: 71969009843000548078 David E. Jager PO Box 3287 Alpine, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000543950 CERTIFIED MAIL NO. FSN: 71969009843000548085 Amy C. Riffle -Jager 194 Alpenglow Drive Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000543967 CERTIFIED MAIL NO. FSN: 71969009843000548092 Amy C. Riffle -Jager PO Box 3287 Alpine, WY 83128 -0287* CERTIFIED MAIL NO. NOI: 71969009843000543974 CERTIFIED MAIL NO. FSN: 71969009843000548108 1st Bank 79 Highway 89 PO Box 3110 Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000543981 CERTIFIED MAIL NO. FSN: 71969009843000548115 State of WY Dept of Workforce Services Unemployment Tax 100 West Midwest Ave. Casper, WY 82601* CERTIFIED MAIL NO. NOI: 71969009843000543998 CERTIFIED MAIL N0. FSN: 71969009843000548122 Star Valley Ranch Association HC 62, PO Box 7008 Star Valley Ranch, WY 83120* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 20, 2012 and the date of the first publication of the notice of foreclosure sale was July 5, 2012. State of Wyoming County of Natrona day of Castle Stawiarski, tLLC. 4t i r N 0TARY PUBLIC r .A NANCY KEENER `AI STATE OF WYOMING 3 C:Ot1NTY OF NATRONA ftkr C onwnissicn Ex ices .lan 19 2015 .:si alri:a::a.TAR FURTHER AFFIANT SAYETH NAUGHT. My commission expires: g COSPkg 62 icia ne Michi seh Castle Sta rski, LLC 330 So. alsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2012 by Patricia Anne Michitsch as attorney of (Signaturerial officer) Title (and Ra 00472 Certificate of Sale Jager 12 -03072 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming EXHIBIT B PUBLISHER'S AFFIDAVIT II wi to ±Jr ul'u C�) q y {iinS�innY ui )nsgliV iunl ji oY 1111:1 otwh��; `iil�ti 9hoa�e4 9O v nID! 1 ;6) .91 �yl`Co)ij 3 ul lug DoI1 Cyo)o Ii dnr�ti CuY� )pl i�a�Vi3�titi9 o5i !D\ j Vni ula� L� Yu o�yilul pgoY l� laic i 51cti l f 11rn) ioK�Cihaol�..(,u, io�'al �nl �1 al 1��rj �1tt 1+I Yq t[rO� Y'.i�'r1. aY �'r h1o1'ct. I t» iu aC u1 6'uY�ll,u_"i; ki 3,' \41 d!» 11 (0'6)14 u�u- mil i o )rr� tlal �i� 4 ?irilo 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 /t period of "T consecutive issues /weeks; the first publication being on the 5 day of 9J 20 12 and the last publication being on the Z day of 1�JA ,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 J se Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF i'' STATE OF LINCOLN I': WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this ?6 day of A.D., 20 Z Jensen, Publis Notary ign KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Jager 12 -03072 Page 6 of 7 00473 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 $2,324.90 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 AFFtAANT NAUGHT. c -Sy: Patricia ne Michitsc 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 6 day of 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LC. f' NOTARY PUBLIC 4 NANCY KEENER ip� 4 ,7 B'tATE of 1NYOMING COUNTY OF NATRONA MCzlzissian Expims Jan 19, 2015 Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee FTPDD x 2 PUB COST FSN 7 -5 -12 Conduct Sale Fee Record Cert. of Sale Record Assign of Cert. of Sale Record Sheriff's Deed Sheriffs Fee Sale Sheriffs Fee Deed Total $2,324.90 My commission expires: 9 COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS (Signature of rrotarial officer) Title (and R 600.00 857.00 103.50 150.00 496.40 50.00 26.00 11.00 11.00 10.00 10.00 00474 Certificate of Sale Jager 12 -03072 Page 7 of 7