HomeMy WebLinkAbout967386STATE OF WYOMING
COUNTY OF LINCOLN
752
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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 February 3, 2010, executed and delivered by
Timothy Warren and Christine Warren to Mortgage Electronic Registration
Systems, Inc., as nominee for MetLife Home Loans, a Division of MetLife Bank,
N.A. its successors and assigns and (b) that certain mortgage dated February 3,
2010 (the "Mortgage securing said note, which Mortgage was executed and
delivered by said mortgagor(s), to said mortgagee, and was recorded on
February 26, 2010, at Reception No. 952335 in Book 743 at Page 123 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:
LOT 33 OF BRIDGER VIEW RANCHES, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON
JUNE 17, 1998 AS INSTRUMENT NO. 851191 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK.
with an address of 394 Caribou Loop, Thayne, WY 83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
00268
Assignee: MetLife Home Loans, a division of MetLife Bank, N.A.
Assignment dated: August 24, 2012
Assignment recorded: August 30, 2012
Assignment recording information: at Reception No. 966539 in Book 792 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.
4. That the power of sale contained in the Mortgage having
been made operative by reason of such default, MetLife Home Loans, a division
of MetLife Bank, N.A. "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
RECEIVED 10/16/2012 at 10:29 AM
RECEIVING 967386
BOOK: 796 PAGE: 268
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Warren 11- 09972R
Page 1 of 7
having general circulation in Lincoln County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the September 20, 2012 issue of
said newspaper and ending with the October 11, 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 October 16, 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
433, 242.76 "Bid Sum which was bid and offered by MetLife
Home Loans, a division of MetLife Bank, N.A. "Successful Bidder") and that
after soliciting and calling for other and higher bids therefore, an. d 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 $2,782.60 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 October 16, 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
16th day of October 2012.
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
Deputy Sheriff
00269
By:
Print Narr1'e: John Stetzenbach
Title:
Certificate of Sale
Warren 11- 09972R
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my presence and
acknowledged before me by John Stetzenbach
Deputy Sheriff of Lincoln County, State of Wyoming, this 16th day of
October 2012.
My Commission Expires:
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[COUNTY Of
LLNCOL! d
My Cartrt§ss!p. i
Witness my hand and official seal.
ACKNOWLEDGMENT
SS
ub1iic
Certificate of Sale
Warren 11- 09972R
Page 3 of 7
00270
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 February 3, 2010 (the "Mortgage and
recorded on February 26, 2010, at Reception No. 952335 in Book 743 at Page
123 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 Timothy Warren
and Christine Warren "Mortgagor(s) the named mortgagor(s), and Mortgage
Electronic Registration Systems, Inc., as nominee for MetLife Home Loans, a
Division of MetLife Bank, N.A. its successors and assigns is the named
mortgagee, which Mortgage was assigned for value as follows:
Assignee: MetLife Home Loans, a division of MetLife Bank, N.A.
Assignment dated: August 24, 2012
Assignment recorded: August 30, 2012
Assignment recording information: at Reception No. 966539 in Book 792 at Page
752
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. NO1: 71969009843000590558
CERTIFIED MAIL NO. FSN: 71969009843000594563
MetLife Home Loans,
a division of MetLife Bank, N.A.
1555 W. Walnut Hill Lane
Irving, TX 75038*
CERTIFIED MAIL NO. NOI: 71969009843000590565
CERTIFIED MAIL NO. FSN: 71969009843000594570
CURRENT RESIDENT
394 Caribou Loop
Thayne, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000590572
CERTIFIED MAIL NO. FSN: 71969009843000594587
Timothy Wa1Ten
394 Caribou Loop
Thayne, WY 83127*
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Certificate of Sale
Warren 11- 09972R
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CERTIFIED MAIL NO. NOI: 71969009843000590589
CERTIFIED MAIL NO. FSN: 71969009843000594594
Timothy Warren
5810 Terrace View Lne SE #N101
Auburn, WA 98092 -9644*
CERTIFIED MAIL NO. NOI: 71969009843000590596
CERTIFIED MAIL NO. FSN: 71969009843000594600
Christine Warren
394 Caribou Loop
Mayne, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000590602
CERTIFIED MAIL NO. FSN: 71969009843000594617
Christine Warren
5810 Terrace View Lne SE #N101
Auburn, WA 98092 -9644*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was September 7, 2012 and the date of the first publication of the
notice of foreclosure sale was September 20, 2012.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
1/ day of 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
`S ;h7 ixtki Lit:
NANCY KEENER
4.kkti� STATE OFF WYOMING
COUNTY OF NATR'ONA
f ommission Expires Jan Th7 2015
e e ti :r4a.: Ys ,T..e..��^airkra'rT:ie_w` 7,.. -4,c; ,,-.R ,4
My commission expires:
I i 6 a
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FURTHER AFFIANT SAYETH NAUGHT.
7
y: atricia A e Michit cP(
Castle Stawi ski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
Title (and Ran)
Certificate of Sale
Warren 11- 09972R
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00272
PUBLIS '`Sept 20,27
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
t.vo rny
EXHIBIT B
PUBLISHER'S AFFIDAVIT
day of
and the las
day of
Michael en, Publisher
KEMMERER, WYOMING
Subscribed in my presence and sworn to
before on this II, day of
Notary Sig
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 publi being on the '20
0 (7
ation being on the t. 1
,20 tZ
and that said advertisement 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 h WYOMING
MY COMMISSION EXPIRES 5/5/18
Warren 11- 09972R
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00273
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 $2,782.60 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
PUB COST FSN 9 -20 -12
FTP Update
Record AOM
Conduct Sale
Record Cert of Sale
Record Assn of Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Costs
Prior Invoice
Total $2,782.60
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 AFFT SA NAUGHT.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
day of 6 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
NANCY KEENER
STATE OF WYOIVING
COUNTY OF NATRONA
Gosesnsission Expires Jars 1`3, .2015
a'ru aaadaaT'n• ar- a,,, r. �.Tar"ssa&�.�}33rad'�:.
My commission expires:
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
y: Patricia e Michi �h
Castle Sta rski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
600.00
1,207.00
69.00
452.60
25.00
11.00
50.00
26.00
11.00
11.00
10.00
10.00
300.00
77 (4."
(Signature o officer)
Title (and R nk
Certificate of Sale
Warren 11- 09972R
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