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HomeMy WebLinkAbout968062127969 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 October 22, 2008, executed and delivered by Gary R. Erickson and Kristy M. Erickson to Mortgage Electronic Registration Systems, Inc., as nominee for Nationwide Mortgage Concepts its successors and assigns and (b) that certain mortgage dated October 22, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 14, 2008, at Reception No. 943649 in Book 709 at Page 115 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 ONE HUNDRED FOUR (104) IN STAR VALLEY RANCH PLAT FIVE (5) AS PLATTED AND RECORDED IN THE OFFICIAL RECORDS OF LINCOLN COUNTY, WYOMING. with an address of 79 Tumbleweed Lane, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 0048 :1 Assignee: JPMorgan Chase Bank, National Association Assignment dated: March 15, 2012 Assignment recorded: April 9, 2012 Assignment recording information: at Reception No. 964023 in Book 784 at Page 343 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, JPMorgan Chase Bank, National Association "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 RECEIVED 11/20/2012 at 10:59 AM RECEIVING 968062 BOOK: 798 PAGE: 484 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Erickson 11- 07718RR Page 1 of 7 four (4) consecutive weeks, commencing with the October 25, 2012 issue of said newspaper and ending with the November 15, 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 20, 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 $161,485.85 "Bid Sum which was bid and offered by JPMorgan Chase Bank, National Association "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 $2,976.60 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 20, 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 20th day of November 2012. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Name: Troy Jansen Title: Deputy Sheriff Certificate of Sale Erickson 11- 07718RR Page 2 of 7 004S' STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Troy Jansen Deputy Sheriff of Lincoln County, State of Wyoming, this 20th day of November 2012. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. IM E PAINTER NOTARY PUBLIC t F COUNTY OF STATE O S1P TE iO F to LINCOLN: My Commission E o 'Pe' blic 0048(' Certificate of Sale Erickson 11- 07718RR Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS O O 4 8 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 22, 2008 (the "Mortgage and recorded on November 14, 2008, at Reception No. 943649 in Book 709 at Page 115 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 Gary R. Erickson and Kristy M. Erickson "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Nationwide Mortgage Concepts its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: JPMorgan Chase Bank, National Association Assignment dated: March 15, 2012 Assignment recorded: April 9, 2012 Assignment recording information: at Reception No. 964023 in Book 784 at Page 343 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: 71969009843000610836 CERTIFIED MAIL NO. FSN: 71969009843000616234 JPMorgan Chase Bank, National Association 10790 Rancho Bernardo Road San Diego, CA 92127* CERTIFIED MAIL NO. NOI: 71969009843000610843 CERTIFIED MAIL NO. FSN: 71969009843000616241 CURRENT RESIDENT 79 Tumbleweed Lane Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000610850 CERTIFIED MAIL NO. FSN: 71969009843000616258 Gary R. Erickson 79 Tumbleweed Lane Thayne, WY 83127* COSPkg Certificate of Sale Erickson 11- 07718RR Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000610867 CERTIFIED MAIL NO. FSN: 71969009843000616265 Gary R. Erickson PO Box 1413 Thayne, WY 83127 -1413 CERTIFIED MAIL NO. NOI: 71969009843000610874 CERTIFIED MAIL NO. FSN: 71969009843000616272 Kristy M. Erickson 79 Tumbleweed Lane Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000610881 CERTIFIED MAIL NO. FSN: 71969009843000616289 Kristy M. Erickson PO Box 1413 Thayne, WY 83127 -1413 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 9, 2012 and the date of the first publication of the notice of foreclosure sale was October 25, 2012. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 16 day of flifern 4 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC JESSICA DUTY STATE OF WYOMING COUNTY OF NATRONA fission Ex irss Ju 1S, 2014 Patricia An re Michits Castle Stawia ki, LLC 330 So. W sh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 43 e of notarial officer) .4 pi A Title (and Rk) My commission expires wLk-t-t 11, a' 004 Certificate of Sale Erickson 11- 07718RR 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 October 22, 2008, was executed and delivered by Gary R. Erickson and Kristy M. Erickson "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc.; as nominee for Nationwide Mortgage Concepts its successors and assigns, as security for the Note of the same date, and said Mortgage was recorded on November 14, 2008, at Reception No. 943649 in Book 709 at Page 115 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: JPMorgan Chase Bank, National Association Assignment dated: March 15, 2012 Assignment recorded: April 9 „2012 Assignment recording information: at Reception No. 964023 in Book 784 at Page 343 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 $156,472.87 which sum consists of the unpaid principal bal- ance of $132,393.40 plus interest accrued to the date of the first publication of this notice in the amount of $16,838.46, plus other costs in the amount of $7,241.01, 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 JPMorgan Chase Bank, National Association, 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 20, 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 ONE HUNDRED FOUR (104) IN STAR VALLEY RANCH PLAT FIVE (5) AS PLATTED AND RECORDED IN THE OFFICIAL RECORDS OF LINCOLN COUNTY, WYOMING. with an address of 79 Tumbleweed Lane, Thayne, WY 83127. Together with all improvements thereon situate and all fixtures and appurtenances thereto. JPMorgan Chase Bank, National Association By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5,379` PUBLISH:`Oct.'7 "Noy 1..8, 15 2412(11- 07718) 1012E COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT 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 25 day of and the last publication being �on the 15 day of tak ��l, 2012_; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jen KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 20_1,2-_, ublisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me this 15 day of ktd XA.D., 2012_, ael Jensen, Publi Notary Sig 0048Q l..erulluate 01 sale Erickson 11- 07718RR 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 $2,976.60 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Statutory Notice Fee PUB COST FSN 10 -25 -12 Demand Letter Fee SCRA x 9 Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriff's Deed Sheriff's Fee Sale Sheriffs Fee Deed FTP Update Previous Invoice Total $2,976.60 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 AFFIAN SA T NAUGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on z day of nou p \a. 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC JESSICA DUTY STATE OF WYOMING COUNTY OF NATPONA Commission JJ 1y 2012014 My commission expires COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS 650.00 69.00 452.60 50.00 90.00 50.00 26.00 11.00 11.00 10.00 10.00 250.00 1,297.00 By: a ricia Ann ichitsc Castle Stawiars LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Ais.110. I V Title (and R 20i re of notarial officer Certificate of Sale Erickson 11- 07718RR Page 7 of 7 OO4