HomeMy WebLinkAbout965948SHERIFF'S CERTIFICATE OF PURCHASE AT
FORECLOSURE SALE
THIS CERTIFICATE made on the date below written by the Sheriff of
Lincoln County, State of Wyoming, to The Bank of New York Mellon, f /k /a The
Bank of New York, of c/o Vanderbilt Mortgage and Finance, Inc., P.O. Box 9800,
Maryville, TN 37802.
WITNESSETH:
6
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WHEREAS, a Mortgage was executed by Adrian Reyes, a single man, and
Reyna Alva, a single woman on January 16, 2002, to Oakwood Acceptance
Corporation, LLC, Mortgagee, for the following described real property:
Lot 21, Palis Park Subdivision, according to the official
plat thereof, being part of the N1 /2SE1 /4 and
SW1 /4NE1 /4 of Section 29, T37N, R118W, 6th P.M.,
Lincoln County, Wyoming,
which Mortgage was on January 22, 2002, duly recorded at Book 481 PR, Page 691, in
the Office of the County Clerk and Ex- Officio Registrar of Deeds of Lincoln County,
Wyoming. The Mortgage was assigned to the present holder The Bank of New York
Mellon, f /k /a The Bank of New York, of c/o Vanderbilt Mortgage and Finance, Inc.,
P.O. Box 9800, Maryville, TN 37802, on May 21, 2012, and such assignment was
recorded on June 12, 2012, at Book 787, Page 627 in Lincoln County. The current
record owner of the property is Reyna Alva, a single woman, and Adrian Reyes, a
single man, as joint tenants with rights of survivorship.
WHEREAS, a delinquency in payments occurred, pursuant to provisions of
said Mortgage and the said Mortgagee, did elect to accelerate and declare the power of
sale contained in said Mortgage to be operative; that pursuant to the provisions of
Wyoming Statutes, 1977, §34 -4 -101 through §34 -4 -113, I do hereby certify that the
property foreclosed is situated in Lincoln County, Wyoming, and more particularly
described above, and was duly advertised in the Kemmerer Gazette, a newspaper of
general circulation in Lincoln County, Wyoming for four (4) consecutive weeks, to wit:
July 5, 12, 19, 26, 2012, as is more fully shown by the Affidavit of Publication
attached hereto; and
THAT said property was sold in one parcel at public vendue in accordance with
the Notice of Foreclosure Sale at the date and time set forth, to wit: July 31, 2012, at
10:00 a.m. Said sale was made by me, and the above described property was sold to
The Bank of New York Mellon, f /k /a The Bank of New York, of c/o Vanderbilt
Mortgage and Finance, Inc., P.O. Box 9800, Maryville, TN 37802, in the sum of
$80,910.00 and
THAT by virtue of the sale and purchase, the payment of money as described
above by the Purchaser, and the authority vested in me thereby and by law, I hereby
give and grant this, my Certificate of Sale, to The Bank of New York Mellon, f /k /a
The Bank of New York, of c/o Vanderbilt Mortgage and Finance, Inc., P.O. Box
9800 Maryville, TN 37802, and do hereby certify that the Purchaser, or the
Purchaser's assignee, will be entitled to a Sheriffs Deed at the expiration of 3 months
and thirty (30) days from the date of this sale, unless the same shall have been
redeemed prior to that date as provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand this 31st day of
July 2012.
RECEIVED 8/6/2012 at 11:07 AM
RECEIVING 965948
BOOK: 790 PAGE: 792
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
STATE OF WYOMING
COUNTY OF LINCOLN
(Seal)
The foregoing instrument
Mitchell A. Hale
Lincoln County this 31st day of
My Commission expires: 4074(y1Mr't L i027 I3
SAVANNA L. KRALL NOTARY PUBLIC
COUNTY OF
LINCOLN
Commleelon Explrea
STATE OF
WYOMING
By:
SHERIFF OF LINCOLN COUNTY
STATE OF WYOMING
a,"
Sherif
was acknowledged
as Deputy Sheriff
July ,2012.
KA
Signature of Notarial Officer
Notary Public
Title and Rank
/Lt,
0
before me by
of
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
Defer hgy
4e04
Reyna a,
LLC; to sec e t
therexvi whirl
L t 2.a.,PalisS
reco o ner0:
Reyes,, a single
note is in defa
the f ails
interest
the do
institut
Mellorn
F in ance
Note.
W
advertisemen
m Possession
taus nott�re;
ROSEMARY CAPELLEN NOTARY PUBLIC
COUNTY OF 1' STATE OF
LINCOLN h; WYOMING
MY COMMISSION EXPIRES 5/5/18
Micha sen, Publisher
en, Publisher.
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
and the last publication being on the Z_
day of
by Midi
Nota y Signature
KEMMERER, WYOMING
A.D., 20 17.
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
5
20 42
,20 tZ.
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 ;Zto day of
00794
STATE OF WYOMING
ss.
COUNTY OF LARAMIE
I, John C. Patton, being first duly sworn upon my oath, depose and state as follow:
1. That I am an Attorney at Law and I have been admitted to practice in the State of Wyoming.
I am a member of the firm of Patton Davison, Attorneys At Law and I am a resident of the State of
Wyoming.
2. That this Affidavit is pursuant to and in compliance with §34 -4 -112, Wyoming Statutes,
1977, and will be filed with the Sheriff below named at the time of sale.
3. That the Sheriff has scheduled a Mortgage to be foreclosed in Lincoln County, Wyoming,
on July 31, 2012, at 10:00 a.m.
4. That there is no agreement, express or implied, between himself and my client, The Bank of
New York Mellon, f /k /a The Bank of New York, of c/o Vanderbilt Mortgage and Finance, Inc., P.O.
Box 9800, Maryville, TN 37802, nor between myself and any other person for any sharing or division
of the $1,000.00 fee which was charged for this foreclosure except with partners of Patton Davison
or other attorneys as we may hire to participate in the foreclosure action, or other parties entitled to a
fee through foreclosure network agreements.
5. That the mortgage referred to was given by Adrian Reyes, a single man, and Reyna Alva, a
single woman, to Oakwood Acceptance Corporation, LLC, Mortgagee, for the following described
real property:
Lot 21, Palis Park Subdivision, according to the official plat thereof, being part
of the N1 /2SE1 /4 and SW1 /4NE1 /4 of Section 29, T37N, R118W, 6th P.M.,
Lincoln County, Wyoming,
which mortgage was recorded on January 22, 2002, at Book 481 PR, Page 691, in the Office of the
County Clerk and Ex- Officio Registrar of Deeds of Lincoln County, Wyoming. The Mortgage was
assigned to the present holder The Bank of New York Mellon, f /k /a The Bank of New York, of c/o
Vanderbilt Mortgage and Finance, Inc., P.O. Box 9800, Maryville, TN 37802, on May 21, 2012 and
such assignment was recorded on June 12, 2012 at Book 787, Page 627 in Lincoln County. The
current record owner of the property is Reyna Alva, a single woman, and Adrian Reyes, a single man,
as joint tenants with rights of survivorship.
FURTHER AFFIANT SAYETH NAUGHT. DATED June 18, 2012.
STATE OF WYOMING
COUNTY OF LARAMIE
The foregoing instrument was signed and sworn to before me by JOHN C. PATTON on June
18, 2012.
AMELA SPORTS NOTARY PUBUC
County of
Laramie
State of
Wyoming
My Commission Expires September 22, 2015
My Commission expires:
ATTORNEY'S FEE AFFIDAVIT
Jo '/'Patton
of Patton Davison
Signature of Notarial Officer
Notary Public
Title and Rank
NOTICE OF INTENT TO FORECLOSE MORTGAGE
TO:
Record Owners and Parties in Possession:
Adrian Reyes
1855 Rockhurst Ave.
Orlando, FL 32826
Reyna Alva
1855 Rockhurst Ave.
Orlando, FL 32826
Adrian Reyes
18542 3rd Ave.
Orlando, FL 32820
Reyna Alva
18542 3rd Ave.
Orlando, FL 32820
Adrian Reyes
179 West Mill Circle
Alpine, WY 83128
Reyna Alva
179 West Mill Circle
Alpine, WY 83128
TAKE NOTICE that pursuant to applicable Wyoming Statutes, and in
particular Wyoming Statutes §34 -4 -103, you are hereby notified that The Bank of New
York Mellon, f /k /a The Bank of New York, of c/o Vanderbilt Mortgage and Finance,
Inc., P.O. Box 9800, Maryville, TN 37802, Mortgagee, intends to foreclose by
advertisement and sale that certain mortgage given and executed by Adrian Reyes, a
single man, and Reyna Alva, a single woman to secure a Mortgage Note given and
executed by Adrian Reyes, a single man, and Reyna Alva, a single woman to Oakwood
Acceptance Corporation, LLC. The mortgage was executed on January 16, 2002, and
was recorded on January 22, 2002, at Book 481 PR, Page 691, in the Office of the
County Clerk and Ex- Officio Registrar of Deeds of Lincoln County, Wyoming. The
Mortgage was assigned to the present holder The Bank of New York Mellon, f /k /a The
Bank of New York, whose address is c/o Vanderbilt Mortgage and Finance, Inc., P.O.
Box 9800, Maryville, TN 37802, on May 21, 2012, and such assignment was recorded
on June 12, 2012, at Book 787, Page 627 in Lincoln County. The current record owner
of the property is Reyna Alva, a single woman, and Adrian Reyes, a single man, as
joint tenants with rights of survivorship. There is due and owing as of the date of first
publication the sum of $113,657.94 sum will continue to accrue interest, late charges,
and any other penalties as provided by the note and mortgage, all to the date of sale,
and additionally there shall be added to the indebtedness all costs and attorney's fees
associated with the foreclosure.
THIS NOTICE is sent to you as the record owner and or the person in
possession of the mortgaged premises described as follows:
Lot 21, Palis Park Subdivision, according to the official
plat thereof, being part of the N1 /2SE1/4 and
SW1 /4NE1 /4 of Section 29, T37N, R118W, 6th P.M.,
Lincoln County, Wyoming,
T0 9
by certified mail, with return receipt requested, mailed to your last known address ten
(10) days before the commencement of the publication of the Notice of Sale.
In compliance with the Fair Debt Collection Practices Act, 15 USCS §1692, we
provide you with the following notice and information.
(1) The amount of the debt as of the first date of publication is $113,657.94
(2) The name of the creditor to whom the debt is owed is The Bank of New
York Mellon, f /k /a The Bank of New York;
(3) Unless you, the consumer, within thirty days after receipt of this notice,
dispute the validity of the debt, or any portion thereof, we will assume the debt to be
valid;
(4) If you, the consumer, notify us in writing within the thirty -day period that
the debt, or any portion thereof, is disputed, we will obtain verification of the debt or a
copy of the judgment against you, if applicable, and a copy of such verification or
judgment will be mailed to you by our firm; and
(5) Upon your written request within the thirty -day period, we will provide you,
the consumer, with the name and address of the original creditor, if different from the
current creditor.
Your attention is called to the Servicemember Civil Relief Act of 2003 and
amendments thereto which contain inhibitions against the sale of the land under a
mortgage if the vestee is entitled to the benefits of the Act.
THE DATE of first publication of The Notice of Foreclosure Sale, and the
subsequent publication dates are July 5, 12, 19, 26, 2012. Sale of the premises will be
conducted by the Sheriff of Lincoln County, Wyoming on July 31, 2012, at 10:00
a.m., at the front steps of the Lincoln County Courthouse, Kemmerer, Wyoming.
Dated June 18, 2012
By:
The Bank of New York Mellon, f /k /a The
Bank of New York
Jo n C. Patton of Patton Davison
P.O. Box 945
Cheyenne, Wyoming 82003
(307) 635 -4111
Attorneys for Mortgagee
0 0 0
STATE OF WYOMING
ss.
COUNTY OF LARAMIE
I, John C. Patton, being first duly sworn upon my oath, depose and state as
follows:
1. That I am an Attorney at Law and I have been admitted to practice in the
State of Wyoming. I am a member of the firm of Patton Davison, Attorneys At Law,
and I am a resident of the State of Wyoming.
2. That I caused a Notice of Intent to Foreclose Mortgage and a Notice of
Foreclosure Sale to be sent to:
Record Owners and Parties in Possession:
Adrian Reyes
1855 Rockhurst Ave.
Orlando, FL 32826
Adrian Reyes
18542 3rd Ave.
Orlando, FL 32820
Adrian Reyes
179 West Mill Circle
Alpine, WY 83128
Junior Lienholders:
None of Record
AFFIDAVIT OF MAILING
by Certified Mail with Return Receipt Requested, on June 18, 2012, at least ten (10)
days before the commencement of publication of the Notice of Sale.
FURTHER AFFIANT SAYETH NAUGHT.
DATED June 18, 2012.
STATE OF WYOMING
COUNTY OF LARAMIE
John atton
of Patton Davison
Reyna Alva
1855 Rockhurst Ave.
Orlando, FL 32826
Reyna Alva
18542 3rd Ave.
Orlando, FL 32820
Reyna Alva
179 West Mill Circle
Alpine, WY 83128
The foregoing instrument was signed and sworn to before me by JOHN C.
PATTON on June 18, 2012.
(Sea)
My Commission expires:
CurJa-
Signature of Notarial 'Officer
Notary Public
Title and Rank
i 9 8