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HomeMy WebLinkAbout967820143628 STATE OF WYOMING COUNTY OF LINCOLN M. Shane Johnson COSPkg CERTIFICATE OF SALE SS 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 October 29, 2009, executed and delivered by Jason N Hooson to Mortgage Electronic Registration Systems, Inc., as nominee for MetLife Home Loans, a Division of MetLife Bank, N.A. and (b) that certain mortgage dated October 29, 2009 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 3, 2009, at Reception No. 950344 in Book 735 at Page 89 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: UNIT 403 OF BUILDING 400, STATELINE CONDOMINIUMS, PHASE III, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED ON AUGUST 13, 2008, AS DOCUMENT NO. 941246, AS PLAT NO. 941246, IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING, ALSO BEING A PART OF LOT 4, STATELINE ESTATES, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED ON NOVEMBER 17, 2005, AS DOCUMENT NO. 913797, AS PLAT NO. 293 -E, IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING, AND FURTHER DEFINED AND DESCRIBED IN THAT CERTAIN DECLARATION OF COVENANTS, COVENANTS, CONDITIONS AND RESTRICTIONS FOR STATELINE CONDOMINIUMS LOCATED IN FREEDOM, LINCOLN COUNTY, WYOMING, CREATED BY DOCUMENT NO. 941249, IN BOOK 702, AT PAGE 268 OR SET FORTH IN THE RELATED BYLAWS IN ANY INSTRUMENT CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY; AND IN ANY OTHER ALLIED INSTRUMENT REFERRED TO IN ANY OF THE INSTRUMENTS AFORESAID. with an address of 76 James Way Unit 403, Freedom, WY 83120 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 0057'; Assignee: MetLife Home Loans, a division of MetLife Bank, N.A. Assignment dated: April 24, 2012 Assignment recorded: May 4, 2012 Assignment recording information: at Reception No. 964399 in Book 785 at Page 589 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. RECEIVED 11/6/2012 at 10:41 AM RECEIVING 967820 BOOK: 797 PAGE: 574 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Hooson 12-06311R Page 1 of 7 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 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the October 11, 2012 issue of said newspaper and ending with the November 1, 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 November 6, 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 156,167.01 "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, 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 $3,267.60 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 November 6, 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 Hooson 12-06311R Page 2 of 7 0057 DATED at Kemmerer, Lincoln County, State of Wyoming, this 6th day of November 2012. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg JP.i44iE PA LATER NOTARY PUBLIC r ly Ctvrr i scion E fires COUNTY OF j x t ST KIT. OF LINCOLN P1yt)h4IC Sheriff in and for Lincoln County, State of Wyoming By: ACKNOWLEDGMENT SS Witness my hand and official seal M. Shane Johnson Print e: John P. Stetzenbach Title: Deputy Sheriff 005 The foregoing instrument was subscribed in my presence and acknowledged before me by John P. Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this 6th day of November 2012. Certificate of Sale Hooson 12-06311R Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 October 29, 2009 (the "Mortgage and recorded on November 3, 2009, at Reception No. 950344 in Book 735 at Page 89 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 Jason N Hooson "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. 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: April 24, 2012 Assignment recorded: May 4, 2012 Assignment recording information: at Reception No. 964399 in Book 785 at Page 589 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: 71969009843000605153 CERTIFIED MAIL NO. FSN: 71969009843000605627 MetLife Home Loans, a division of MetLife Bank, N.A. 1555 W. Walnut Hill Lane Irving, TX 75038* CERTIFIED MAIL NO. NOI: 71969009843000605160 CERTIFIED MAIL NO. FSN: 71969009843000605634 CURRENT RESIDENT 76 James Way Unit 403 Freedom, WY 83120* CERTIFIED MAIL NO. NOI: 71969009843000605177 CERTIFIED MAIL NO. FSN: 71969009843000605641 Jason N Hooson 76 James Way Unit 403 Freedom, WY 83120* COSPkg EXHIBIT A SS Certificate of Sale Hooson 12-06311R Page 4of7 CERTIFIED MAIL NO. NOI: 71969009843000605184 CERTIFIED MAIL NO. FSN: 71969009843000605658 Jason N Hooson 4430 N Holland Sylvania Rd Toledo, OH 43623 -4696 CERTIFIED MAIL NO. NOI: 71969009843000605191 CERTIFIED MAIL NO. FSN: 71969009843000605665 Angela C. Hooson 76 Janes Way Unit 403 Freedom, WY 83120* CERTIFIED MAIL NO. NOI: 71969009843000605207 CERTIFIED MAIL NO. FSN: 71969009843000605672 Angela C. Hooson 4430 N Holland Sylvania Rd Toledo, OH 43623 -4696 CERTIFIED MAIL NO. NOI: 71969009843000605214 CERTIFIED MAIL NO. FSN: 71969009843000605689 Stateline Condo Homeowners Association 989 Lincoln 120 'Mayne, WY 83127* 3. That the date the Mortgage was September 27, notice of foreclosure sale was Oct State of Wyoming County of Natrona COSPkg of mailing of the notice of intent to foreclose 2012 and the date of the first publication of the ober 11, 2012. FURTHER AFFIANT SAYETH NAUGHT. My commission expires: /s /L 'ey: Patricia Anne Michitsch 330 So. Walsh Drive, Ste. 202 Casper, WY 82609-0000 This instrument was acknowledged before me on day of /1 This t) 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. Olt 4f��., (Sign ��of ngt���fficer) Title (and Rank) 00578 Certificate of Sale Hooson 12-06311R Page 5 of 7 KEMMERER GAZETTE 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 October 29, 2009, was executed and delivered by Jason N Hooson "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for MetLife Home Loans, a Division of Met Life Bank, N.A., as security for the Note of the same date, and said Mortgage was recorded on November 3, 2009; at Reception No. 950344 in Book 735 at Page 89 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: MetLife Horne Loans, a division of MetLife Bank, N.A. Assignment dated: April 24, 2012 Assignment recorded: May 4, 2012 Assignment recording information: at Reception No. 964399 in Book 785 at Page 589 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 suit or 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 $151,625.37 which sum consists of the unpaid principal bal- ance of $143 plus interest accrued to the date of the first publication of this notice in the amount of $5,942.84, plus other costs in the amount of $2,386.21, 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 be 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 MetLife Home Loans, a division of MetLife Bank, N.A., 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 November 6, 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: UNIT 403 OF BUILDING 400, STATELINE CONDOMINIUMS, PHASE III, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED ON AUGUST 13, 2008, AS DOCUMENT NO. 941246, AS PLAT NO. 941246, IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING, ALSO BEING A PART OF LOT 4, STATELINE ES- TATES, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED ON NOVEMBER 17, 2005, AS DOCUMENT NO 913797 AS PLAT NO. 293 -E, IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING, AND FURTHER DEFINED AND DESCRIBED IN THAT CERTAIN DECLARATION OF COVENANTS, COVENANTS, CON- DITIONS AND RESTRICTIONS FOR STATELINE CONDOMINI- UMS LOCATED IN FREEDOM, LINCOLN COUNTYY, WYOMING, CREATED BY DOCUMENT NO. 941249, IN BOOK. 702, AT PAGE 268 OR SET FORTH IN THE RELATED BYLAWS IN ANY INSTRU- MENT CREATING THE ESTATE OR INTEREST INSURED BY THIS P.OLICY; AND IN ANY OTHER ALLIED INSTRUMENT REFERRED TO IN ANY OF THE INSTRUMENTS AFORESAID. with an address of 76 James Way Unit 403, Freedom, WY 83120. Together with all improvements thereon situate and all fixtures and appurtenances thereto. MetLife Home Loans, a division of MetLife Bank, N.A. 'By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper; WY 82609 -0000 .(307) 333 5379 PUBLISH: Oct. 11, 18, 25, Nov. 1, 2012 (12- 06311R) 1011 COSPkg 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 r day of 20 I and the last publication being on the (.Q40)20 1.2 day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael ]ens n, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC couNr W (',y STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/1e Subscribed in my presence and sworn to before me on this 1 day of 01)Q )A.D., 20 iZ by M I Jensen, Publisher r 005e`? Certificate of Sale Hooson 12-06311R Page 6 of 7 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 $3,267.60 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Statutory Notice Fee PUB Cost 10 -11 -12 FTP Update Conduct Sale Fee Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriff's Fee Deed Prior Invoice Total $3,267.60 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 AFFI NT SAY H NAUGHT By: Patricia Aftne Michitch Castle Staw LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona day of j Castle Stawiarski, EXHIBIT C AFFIDAVIT OF ATTORNEY SS This instrument was acknowledged before me on 1 otimitAeu 2012 by Patricia Anne Michitsch as attorney of LLC. i2s Z J'- (Sign�ty�r�f n r' I officer) Title (and Rank) My commission expires: ,Sly =/f COSPkg 600.00 80.50 554.80 125.00 50.00 26.00 11.00 10.00 10.00 1,800.30 005'' Certificate of Sale Hooson 12-06311R Page 7 of 7