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HomeMy WebLinkAbout966338STATE 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 12, 2005, executed and delivered by James H. Blittersdorf to Mortgage Electronic Registration Systems, Inc., as nominee for America's Wholesale Lender its successors and assigns and (b) that certain mortgage dated January 12, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 18, 2005, at Reception No. 905953 in Book 577 at Page 362 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 23 OF STAR VALLEY RANCH PLAT 3, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLATE THEREOF. ALSO LOT 7 OF THE HOWARD WOODS LIMITED SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF with an address of 426 Mahogany Way, Thayne, WY 83127 -0000 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Bank of New York as Trustee for the Benefit of the Certificateholders of CWABS 2005 -01, Inc. Assignment dated: May 25, 2007 Assignment recorded: June 6, 2007 Assignment recording information: at Reception No. 930099 in Book 661 at Page 29 Assignee: The Bank of New York Mellon FKA The Bank of New York as trustee for the Certificateholders of the CWABS, Inc., Asset Backed Certificates, Series 2005 -1 Assignment dated: October 11, 2011 Assignment recorded: October 24, 2011 Assignment recording information: at Reception No. 961553 in Book 775 at Page 4 Assignee: The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset Backed Certificates, Series 2005 -1 Assignment dated: December 27, 2011 Assignment recorded: January 9, 2012 RECEIVED 8/21/2012 at 12:33 PM RECEIVING 966338 BOOK: 792 PAGE: 104 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Blittersdorf 11-15181R Page 1 of 7 00104 Assignment recording information: at Reception No. 962651 in Book 779 at Page 135 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, The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset Backed Certificates, Series 2005 -1 "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 July 26, 2012 issue of said newspaper and ending with the August 16, 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 August 21, 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 $126,000.00 "Bid Sum which was bid and offered by The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset Backed Certificates, Series 2005 -1 "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 $3,499.54 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. COSPkg Certificate of Sale Blittersdorf 11-15181R Page 2 of 7 001.05 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 August 21, 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 21st day of August 2012. STATE OF WYOMING COUNTY OF LINCOLN 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 21st day of August 2012. My Commission Expires: COSPkg Witness my hand and official seal. ACKNOWLEDGMENT SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: 27,. I'71t Print Name: Mitchell A. Hale Title: Deputy Sheriff Notary Public SA A L. 7 LL OTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING My Commission 11 001.03 Certificate of Sale Blittersdorf 11- 15181R 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 January 12, 2005 (the "Mortgage and recorded on January 18, 2005, at Reception No. 905953 in Book 577 at Page 362 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 James H. Blittersdorf "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for America's Wholesale Lender its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Bank of New York as Trustee for the Benefit of the Certificateholders of CWABS 2005 -01, Inc. Assignment dated: May 25, 2007 Assignment recorded: June 6, 2007 Assignment recording information: at Reception No. 930099 in Book 661 at Page 29 00107 Assignee: The Bank of New York Mellon FKA The Bank of New York as trustee for the Certificateholders of the CWABS, Inc., Asset Backed Certificates, Series 2005 -1 Assignment dated: October 11, 2011 Assignment recorded: October 24, 2011 Assignment recording information: at Reception No. 961553 in Book 775 at Page 4 Assignee: The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset Backed Certificates, Series 2005 -1 Assignment dated: December 27, 2011 Assignment recorded: January 9, 2012 Assignment recording information: at Reception No. 962651 in Book 779 at Page 135 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 COSPkg Certificate of Sale Blittersdorf 11- 15181R Page 4 of 7 00108 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. N0I:70112970000393547853 CERTIFIED MAIL NO. FSN:70110470000154724845 The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc. Asset Backed Certificates, Series 2005 -1 400 National Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000556424 CERTIFIED MAIL NO. FSN: 71969009843000559432 CURRENT RESIDENT 426 Mahogany Way Thayne, WY 83127 -0000* CERTIFIED MAIL NO. NOI: 71969009843000556431 CERTIFIED MAIL NO. FSN: 71969009843000559449 James H. Blittersdorf 426 Mahogany Way Thayne, WY 83127 -0000* CERTIFIED MAIL NO. NOI: 71969009843000556448 CERTIFIED MAIL NO. FSN: 71969009843000559456 James H. Blittersdorf PO Box 3447 Alpine, WY 83128 -0447* CERTIFIED MAIL NO. NOI: 71969009843000556455 CERTIFIED MAIL NO. FSN: 71969009843000559463 America's Wholesale Lender 4500 Park Granada Calabases, CA 91302* CERTIFIED MAIL NO. NOI: 71969009843000556462 CERTIFIED MAIL NO. FSN: 71969009843000559470 WY State Government Emp Dept Unemployment Tax Division 100 West Midwest Avenue Casper, WY 82601* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 11, 2012 and the date of the first publication of the notice of foreclosure sale was July 26, 2012. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. ty: Patricia nne Michitsc Castle St. iarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on /6 day of Ot,;} 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LL NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex Tres Jan 19 2015 My commission expires: COSPkg 4 -/s- "7'1 s (Signature f notarial officer) Title (and Ra Certificate of Sale Blittersdorf 11-15181R Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has occurred under the terms of a promissory note "Note and real estate mortgage ("Mortgage"). The Mortgage dated January 12, 2005, was executed and delivered by James H. Blittersdorf "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as ,nominee for Ameriica's Wholesale Lender its successors and assigns, as security for the Note of the same date, and said Mortgage was recorded on January 18, 2005, at Reception No. 905953 in Book 577 at Page 362 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 WHEREAS, the mortgage was assigned for value as follows: Assignee: Bank of New York as Trustee for the Benefit of the Certifi- cateholders of CWABS 2005 -01, Inc. Assignment dated: May 25, 2007 Assignment recorded: June 6, 2007 Assignment recording information: at Reception No. 930099 in Book 661 at Page 29 Assignee: The Bank of New York Mellon FKAThe Bank of New York as trustee for the Certificateholders of the CWABS; Inc., Asset Backed Certificates, Series 2005 -1 Assignment dated: October 11, 2011 Assignment recorded: October 24, 2011 Assignment recording information: at Reception No. 961553 in Book 775 at Page 4 Assignee: The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset- Backed Certificates, Series 2005 -1 Assignment dated: December 27, 2011 Assignment recorded: January 9, 2012 Assignment recording information: at Reception No. 962651 in Book 779 at Page 135 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares to have become operative, and no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suitor proceeding been instituted and the same discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the party in, possession of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale being the total sum of $196,775.31 which sum consists of the unpaid principal bal- ance of $160,782.56 plus interest accrued to the date of the first publication of this notice in the amount of $30,698.14, plus other costs in the amount of $2,232.04, plus attorneys' fees, costs expended, and accruing interest and late charges after the date of first publication of this notice of sale; WHEREAS, The property being foreclosed upon may subject to other liens and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research the status of title before submitting a bid; NOW, THEREFORE The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders of the CWABS, 'Inc., Asset- Backed Certificates, Series 2005-1, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash at 10 :00 o'clock in the forenoon on August 21, 2012 at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for application on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to- wit; LOT 23 OF STAR VALLEY RANCH PLAT 3, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLATE THEREOF. ALSO LOT 7 OF THE HOWARD WOODS LIMITED SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFI- CIAL PLAT THEREOF with an address of 426 Mahogany Way, Thayne, WY 83127-0000. Together with all improvements thereon situate and all fixtures and appurtenances thereto. The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc Asset Backed Certificates, Series 2005 -1 By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 PUBLISH: July 26, August 2, 9, 16, 2012 (11-15181R) 07260 EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 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 Z1. day of 20 and the last publication being on the 1 LO day of 1� 20 and that said adve ement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF i''+ STATE OF LINCOLN WYMING MY COMMISSION EXPIRES MS Michael Jen Publisher ail Subscribed in my presence and sworn to before me on this 1 Lo. day of 4 A.D., 20 t Z 00109 Certificate of Sale Blittersdorf 11-15181R Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Statutory Notice Fee FTPDD x 2 PUB COST FSN 7 -26 -12 Conduct Sale Fee Record Cert. of Sale Record Sheriff's Deed Sheriff's Fee Sale Sheriff's Fee Deed Previous Invoice State of Wyoming County of Natrona NCTA <Y PUBLIC i t NANCY KEENER Ny i °:a STATE OF WYOMING ice' y COUNTY OF NATRONA Cocnenission Ex Tres Jan 19 2015 My commission expires: 9 -!i 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 $3,499.54 as compensation for services actually rendered in the foreclosure proceeding. Total $3,499.54 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 IT SAYET NAUGHT. Title (and Ra y: Patricia Ann- ichitsch Castle Stawiars LLC 330 So. Wals Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on t day of 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. (Signature of notarial officer) 600.00 69.00 250.00 613.20 50.00 26.00 11.00 10.00 10.00 1,860.34 00110 Certificate of Sale Blittersdorf 11- 15181R Page 7 of 7