Loading...
HomeMy WebLinkAbout967822160969 STATE OF WYOMING COUNTY OF LINCOLN COSPkg 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 June 8, 2007, executed and delivered by Dean A. Luchetta and Julie L. Luchetta to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loans, a division of First Tennessee Bank N.A. its successors and assigns and (b) that certain mortgage dated June 8, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 14, 2007, at Reception No. 930363 in Book 662 at Page 52 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 28 OF THE GREYS RIVER VILLAGE SECOND ADDITION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING, ACCORDING TO THE PLAT NUMBER 227 -B FILED JULY 22, 1994 AS DOCUMENT NUMBER 787017, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. with an address of 370 Woodenspur Drive, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: MetLife Home Loans, a division of MetLife Bank, N.A. Assignment dated: August 28, 2012 Assignment recorded: September 24, 2012 Assignment recording information: at Reception No. 967027 in Book 794 at Page 664 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. RECEIVED 11/6/2012 at 10:52 AM RECEIVING 967822 BOOK: 797 PAGE: 588 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Luchetta 12 -11176 Page 1 of 7 0058° 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 $260,270.89 "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 $2,204.70 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. DATED at Kemmerer, Lincoln County, State of Wyoming, this 6th day of November 2012. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming 00589 By: _„ar Aar' Wa Print "''me: John P. Stetzenbach Title: Deputy Sheriff Certificate of Sale Luchetta 12 -11176 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN 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. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. COUNTY OF LINCOLN JAMIE PAINTER NOTARY PUBLIC My Commission Expires STATE OF WYOMING Public Certificate of Sale Luchetta 12 -11176 Page 3 of 7 0059 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE CERTIFIED MAIL NO. NOI: 71969009843000605061 CERTIFIED MAIL NO. FSN: 71969009843000606358 MetLife Horne Loans, a division of MetLife Bank, N.A. 1555 W. Walnut Hill Lane Irving, TX 75038* CERTIFIED MAIL NO. NOt: 71969009843000605078 CERTIFIED MAIL NO. FSN: 71969009843000606365 CURRENT RESIDENT 370 Woodenspur Drive Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000605085 CERTIFIED MAIL NO. FSN: 71969009843000606372 Dean A. Luchetta 370 Woodenspur Drive Alpine, WY 83128* COSPkg EXHIBIT A SS ri 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 June 8, 2007 (the "Mortgage and recorded on June 14, 2007, at Reception No. 930363 in Book 662 at Page 52 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 Dean A. Luchetta and Julie L. Luchetta "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loans, a division of First Tennessee 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 28, 2012 Assignment recorded: September 24, 2012 Assignment recording information: at Reception No. 967027 in Book 794 at Page 664 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: Certificate of Sale Luchetta 12 -11176 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000605092 CERTIFIED MAIL NO. FSN: 71969009843000606389 Dean A. Luchetta PO Box 3243 Alpibe, WY 83128 -0243 CERTIFIED MAIL NO. NOI: 71969009843000605108 CERTIFIED MAIL NO. FSN: 71969009843000606396 Dean A. Luchetta PO Box 1110 Kapaau, HI 96755* CERTIFIED MAIL NO. NOI: 71969009843000605115 CERTIFIED MAIL NO. FSN: 71969009843000606402 Julie L. Luchetta 370 Woodenspur Drive Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000605122 CERTIFIED MAIL NO. FSN: 71969009843000606419 Julie L. Luchetta PO Box 3243 Alpine, WY 83128 -0243 CERTIFIED MAIL NO. NOI: 71969009843000605139 CERTIFIED MAIL NO. FSN: 71969009843000606426 Julie L. Luchetta PO Box 1110 Kapaau, HI 96755* CERTIFIED MAIL NO. NOI: 71969009843000605146 CERTIFIED MAIL NO. FSN: 71969009843000606433 First Horizon Home Loans, a division of First TNBank, N.A. 4000 Horizon Way Irving, TX 75063* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 27, 2012 and the date of the first publication of the notice of foreclosure sale was October 11, 2012. State of Wyoming County of Natrona This instrument was acknowledged before me on day of QUJ p 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. Title (and Rank) My commission expires: 57,1 COSPkg FURTHER AFFIANT SAYETH NAUGHT. 3y: Patricia ne MichitsSch Castle Stawi rski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 L ecluz/G0 (Signs r of notar I officer) 0019. Certificate of Sale Luchetta 12 -11176 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 oc- curred under the terms of a promissory note ("Note") and real estate mort- gage "Mortgage The Mortgage dated June 8, 2007, was executed and delivered by Dean A. Luchetta and Julie L. Luchetta "Mortgagor(s)") to Mortgage Electronic Registration Systems, Inc., as nominee for First Ho- rizon Home Loans, a division of First Tennessee Bank N.A. its successors and assigns, as security for the Note of the same date, and said Mortgage was recorded on June 14 2007, at Reception No. 930363 in Book 662 at Page 52 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 Home Loans, a division of MetLife Bank, N.A. Assignment dated: August 28, 2012 Assignment recorded: September 24, 2012 Assignment recording information: at Reception No. 967027 in Book 794 at Page 664 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 $257,570.35 which sum consists of the unpaid principal bal- ance of $248,725.66 plus interest accrued to the date of the first publication of this notice in the amount of $8,552.21, plus other costs in the amount of 292.48, 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 descfbed as follows, to -wit: LOT 28 OF THE. GREYS RIVER VILLAGE SECOND ADDITION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING, AC- CORDING TO THE PLAT NUMBER 227 -B FILED JULY 22, 1994 AS DOCUMENT NUMBER 787017, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. with an address of 370 Woodenspur Drive, Alpine, WY 83128. 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 (1.2- 11176) 1011B COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT day of Michael Jen Notary Sign 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 pu lication being on the 1 day of i t 20 1?-- and the last publication being on the �l yVt'./ 1 20 (i and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF 1 t STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this I day of A.D., 2012 Certificate of Sale Luchetta 12 -11176 Page 6 of 7 005" STATE OF WYOMING COUNTY OF NATRONA 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 $2,204.70 as compensation for services actually rendered in the foreclosure proceeding. State of Wyoming County of Natrona 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.N°T "TH N UGHT. =?a By: Patricia An Michitsch Castle Stawia 1, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB Cost 10 -11 -12 Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriff's Fee Deed FTP Update Recorded AOM Total $2,204.70 600.00 880.00 103.50 467.20 50.00 26.00 11.00 11.00 10.00 10.00 25.00 11.00 This instrument was acknowledged before me on l day of ,t/ 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. (Signature of not rial officer) n6 y t M Title (and Rank) My commission expires: S /S /5' Certificate of Sale Luchetta 12 -11176 Page 7of7 005"