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HomeMy WebLinkAbout968562STATE OF WYOMING LINCOLN COUNTY CERTIFICATE OF SALE RECEIVED 12/18/2012 at 10:38 AM RECEIVING 968562 BOOK: 800 PAGE: 790 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY v� kn (cif lawful age, being first duly sworn upon his ss. Lincoln County Sheri oath, states and certifies as follows: 90790 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 31, 2011, executed and delivered by Loran V Erickson and Amber J. Erickson to Mortgage Electronic Registration Systems, Inc., as nominee for Freedom Mortgage Corp. d/b /a Jefferson Home Mortgage and Loan (Mortgagee) and (b) that certain mortgage dated January 31, 2011 (the "Mortgage securing said Note which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 24, 2011 at Receiving 958239 Book 762 Page 897 in the records of the office of the County Clerk and ex- officio Register Deeds in and for Lincoln County, State of Wyoming, and which Mortgage covers that certain real property described below, as follows, to wit: LOTS 1, 2, 3 AND 4 OF BLOCK 13 OF THE AUBURN TOWNSITE, LINCOLN COUNTY, WYOMING LESS AND EXCEPT THE LAND DESCRIBED IN WARRANTY DEED RECORDED NOVEMBER 16, 1972 IN BOOK 102PR ON PAGE 205 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. LESS AND EXCEPT THE LAND DESCRIBED IN WARRANTY DEED RECORDED NOVEMBER 29, 1999 IN BOOK 438PR ON PAGE 788 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. LESS AND EXCEPT THE LAND DESCRIBED IN WARRANTY DEED RECORDED FEBRUARY 14, 2005 IN BOOK 578 ON PAGE 866 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 401 S 3rd West St, Auburn, WY, 83111 together with all improvements thereon situate and all fixtures and appurtenances thereto. 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 by the power of sale contained in the Mortgage, having been made operative by reason of such default, Freedom Mortgage Corp. d /b /a Jefferson Home Mortgage and Page 1 of 3 11-06225 WY/WY-F215 Certificate of Sale Loan "Mortgagee elected to foreclose the same. To 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 of Service attached hereto 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 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 November 21, 2012 issue of said newspaper and ending with the 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 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 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 December 18, 2012 at 10:00 a.m., at the front door of the Lincoln County Courthouse in the City of Kemmerer, 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 162,873.12 "Bid Sum which was bid and offered by Freedom Mortgage: Corp. d /b /a Jefferson Horne Mortgage and Loan "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 provided by law. 7. That the sum of $1,605.80 is to be paid to The Hopp Law Firm, 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 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 Page 2 of 3 11- 06225WY/WY -F215 Certificate of Sale 079 appurtenances thereto, at and upon expiration of three (3) months and thirty (30) days from and after December 18, 2012, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. Dated this day of r 20 Sheriff in and for Lincoln County, State of Wyoming By: Sworn, subscribed, 20 j9 by c___ State of Wy Witness my hand and official se My Commission.. Expires: Publ owledged before me this jam, day of as Sheriff /Deputy of Lincoln County, JAMIE PAINTER NOTARY PUBLIC COUNTY OF ;py Y: STATE OF LINCOLN �Lµ Wed NG My Commission Expires Page 3 of 3 11- O6225WY/WY -F215 Certificate of Sale 00792 STATE OF COLORADO DENVER COUNTY AFFIDAVIT OF ATTORNEY ss. Neal J. Valorz, Esq., of lawful age, being first duly sworn upon his oath, deposes and says: Attorney Fees $600.00 Title Guarantee $352.00 Postage $47.60 Photocopies $5.00 Publication Cost $467.20 Conduct Sale $75.00 Recording Fee Sale Docs $41.00 Recording AOM $8.00 Sheriff's Fee Sale $10.00 Total $1,605.80 0079 1. That he is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of The Hopp Law Firm, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That The Hopp Law Firm, LLC as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $1,605.80 as compensation for services actually rendered in the foreclosure proceeding. 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 The Hopp Law Firm, 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. Page 1 of 2 11-06225 WY/WY-F213 Affidavit of Atty. Bid Figures -Rev.2 FURTHER AFFI yI' AITH "GHT Neal J. V lorz., y THE HOPP LAW 400 E. 20th Street Cheyenne, WY 82001 Phone: 307-638-0400 STATE OF COLORADO ss. COUNTY OF DENVER Atty. Reg. #7 -4714 M, LLC 0 ®f 9 This instrument was acknowledged before me on the rP day of 20 1'L by Neal J. Valorz, as attorney of The Hopp Law Firm, LLC. My Commission Expires: ki o k s Notary Public 1 NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044030177 MY COMMISSION EXPIRES SEPTEMBER 1.6, 2016 Page 2 of 2 11- 06225WY /WY F213 Affidavit of Atty. Bid Figures -Rev.2 NOTICE OF INTENT TO FORECLOSE MORTGAGE BY ADVERTISEMENT 0070'5 NOTICE IS HEREBY GIVEN to Loran V Erickson and Amber J. Erickson as the record owner(s) or person(s) in possession of 401 S 3rd West St, Auburn, WY 83111 with a legal description of: LOTS 1, 2, 3 AND 4 OF BLOCK 13 OF THE AUBURN TOWNSITE, LINCOLN COUNTY, WYOMING LESS AND EXCEPT THE LAND DESCRIBED IN WARRANTY DEED RECORDED NOVEMBER 16, 1972 IN BOOK 102PR ON PAGE 205 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. LESS AND EXCEPT THE LAND DESCRIBED IN WARRANTY DEED RECORDED NOVEMBER 29, 1999 IN BOOK 438PR ON PAGE 788 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. LESS AND EXCEPT THE LAND DESCRIBED IN WARRANTY DEED RECORDED FEBRUARY 14, 2005 IN BOOK 578 ON PAGE 866 OF THE RECORDS OF THE LINCOLN COUNTY CLERK.. This property is secured by a real estate mortgage dated January 31, 2011 and recorded on February 24, 2011 at Receiving 958239 Book 762 Page 897 from Loran V Erickson and Amber J. Erickson to Mortgage Electronic Registration Systems, Inc., as nominee for Freedom Mortgage Corp. d/b /a Jefferson Home Mortgage and Loan for the amount $147,265.00. The Mortgage having been transferred and assigned and is now in possession of Freedom Mortgage Corp. d/b /a Jefferson Home Mortgage and Loan at Receiving 967106 Book 795 Page #82. This Notice is to inform you that the mortgage is being foreclosed by reason of default. The mortgage is currently in default for $146,500.29 with the amount to cure being $160,136.33. This Notice of Intent to Foreclose Mortgage by Advertisement having being mailed November 7, 2012, by certified mail with return receipt requested, in compliance with, Wyo. Stat. 34- 4- 103(iv). THE H 0 W RM, LLC Neal Valorz, -4714 Wyoming Address: 400 East 20` Street Cheyenne, WY 82001 Mailing Address: 333 W. Colfax Ave, Suite 400, Denver, CO 80504 Toll Free Phone No. 866 620 -8605 Page 1 of 1 11- 06225WY/WY -F212 NOI MAILING LIST Our Ref. No. 11 -06225 WY The Hopp Law Firm, LLC File No.: 11- 06225WY 333 W. Colfax Ave, Suite 400 Denver, CO 80204 Loran V Erickson 401 S 3RD WEST ST Auburn, WY 83111 Loran V. Erickson 401 S 3RD WEST ST Auburn, WY 83111 Loran V. Erickson 401 S 3RD WEST ST Auburn, WY 83111 -8822 9171 9690 0935 0020 1239 77 Loran V Erickson PO Box 402 Auburn, WY 83111 9171 9690 0935 0020 1239 53 Loran V. Erickson PO Box 402 Anhurn. WY 83111 9171 9690 0935 0020 1239 46 WYOMING MAILING LIST Freedom Mortgage Corp. d /b /a Jefferson Home Mortgage and Loan 907 Pleasant Valley Av Ste 3 Mount Laurel, NJ 08054 9171 9690 0935 0020 1239 39 Mortgage Electronic Registration Systems, Inc. P. O. Box 2026 Flint, MI 48501 -2026 9171 9690 0935 0020 1239 22 Occupant Lessee 401 S 3rd West St 401 S 3rd West St Auburn, WY 83111 Auburn, WY 83111 9171 9690 0935 0020 1239 91 9171 9690 0935 0020 1239 15 Amber J Erickson 401 S 3RD WEST ST Auburn, WY 83111 9171 9690 0935 0020 1239 84 9171 9690 0935 0020 1239 08 Amber J. Erickson 401 S 3RD WEST ST Auburn, WY 83111 9171 9690 0935 0020 1238 92 Amber J. Erickson 401 S 3RD WEST ST Auburn, WY 83111 -8822 9171 9690 0935 0020 1239 60 9171 9690 0935 0020 1238 85 Amber J Erickson PO Box 402 Auburn, WY 83111 9171 9690 0935 0020 1238 78 Amber J. Erickson PO Box 402 Auburn, WY 83111 9171 9690 0935 0020 1238 61! 0079C AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF COLORADO ss. DENVER COUNTY Neal J. Valorz, Esq., of lawful age, being first duly sworn upon his oath, deposes and says: 1. That he is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of The Hopp Law Firm, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain estate mortgage dated January 31, 2011 and recorded on February 24, 2011 at Receiving 958239 Book 762 Page 897 from Loran V Erickson and Amber J. Erickson to Mortgage Electronic Registration Systems, Inc., as nominee for Freedom Mortgage Corp. d /b /a Jefferson Home Mortgage and Loan for the amount $147,265.00. The Mortgage having been transferred and assigned and is now in possession of Freedom Mortgage Corp. d/b /a Jefferson Home Mortgage and Loan at Receiving 967106 Book 795 Page #82; 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(s) and the person(s) in possession by certified mail, return receipt requested, mailed to the last known address of other record owner and the person(s) in possession at least ten (10) days before commencement of the first publication of the noticed 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 set forth on the attached Mailing List. 3. That the date of mailing of the Notice of Intent to Foreclose the Mortgage was November 7, 2012 and the date of the first publication of the Notice of Foreclosure Sale is November 21, 2012. FURTHE v F T Ss`ITH NAUGHT. Neal J. Valorz, #7,' F 14 The Hopp Law Firm, LLC Wyoming Office: 400 E. 20th Street, Cheyenne, WY 82001 Colorado Office: 333 West Colfax Avenue, #400, Denver, CO 80204 STATE OF COLORADO ss. COUNTY OF DENVER This instrument was acknowledged before me on the b day of Valorz, as attorney of The Hopp Law Firm, LLC. My Commission Expires: 91 I\ulZ9`l �e Notary Public 2012 by Neal J. I- O NOTARY PUBLIC STATE OF COLORADO MY COMMISSION ON XP RES SEPTEMBER 16, 2016 00707 FORECLOSURE SALE NOTICE (For Publication) )0798 WHEREAS NOTICE IS HEREBY GIVEN that default in the payment under the terms of a secured and perfected Note has occurred. The Note is secured by a Mortgage dated January 31, 2011 and recorded on February 24, 2011 at Receiving 958239 Book 762 Page 897 from Loran V Erickson and Amber J. Erickson to Mortgage Electronic Registration Systems, Inc., as nominee for Freedom Mortgage Corp. d /b /a Jefferson Home Mortgage and Loan for the amount of $147,265.00. The Mortgage having been transferred and assigned is now in possession of Freedom Mortgage Corp. d/b /a Jefferson Home Mortgage and Loan at Receiving 967106 Book 795 Page #82. WHEREAS the Mortgage contains a power of sale, which by reason of default has occurred, the Mortgagee has declared to become operative, and no suit or proceeding has been instituted to recover the debt secured by the Mortgage, or any part thereof, nor has any suit or proceeding instituted and the same discontinued and; WHEREAS written Notice of Intent to Foreclose by Sale and Advertisement has been served upon the record owner and party in possession of the mortgaged premises at least ten (10) days prior to commencement of the publication, and the amount due upon the Mortgagee at the date of first publication of this notice of sale being the total sum of $160,136.33 which sum consists of the unpaid balance of $146,500.29, plus interest accrued to the date of this first publication of this notice in the amount of $13,636.04, plus outstanding charges, plus attorney fees, costs expected and accruing interest and late charges after the date of first publication of this notice. WHEREAS this property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective purchaser should research the status of title before submitting a bid. NOW, THEREFORE Freedom Mortgage Corp. d/b /a Jefferson Home Mortgage and Loan as Mortgagee, will have the Mortgage foreclosed as by law provided by having 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 AM on December 18, 2012 at the front door of the Lincoln County Court house located at 925 Sage Avenue, Kemmerer, WY 83101. For application on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to wit: LOTS 1, 2, 3 AND 4 OF BLOCK 13 OF THE AUBURN TOWNSITE, LINCOLN COUNTY, WYOMING LESS AND EXCEPT THE LAND DESCRIBED IN WARRANTY DEED RECORDED NOVEMBER 16, 1972 IN BOOK 102PR ON PAGE 205 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. 11-06225 WY/WY-F214 Publication Fcl. Sale LESS AND EXCEPT THE LAND DESCRIBED IN WARRANTY DEED RECORDED NOVEMBER 29, 1999 IN BOOK 438PR ON PAGE 788 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. LESS AND EXCEPT THE LAND DESCRIBED IN WARRANTY DEED RECORDED FEBRUARY 14, 2005 IN BOOK 578 ON PAGE 866 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. With an address of 401 S 3rd West St, Auburn, WY 83111 Together with all improvements thereon situated and all fixtures and appurtenances, thereto. Freedom Mor gage Corp. d/b /a Jefferson Home Mortgage and Loan THE HOPP SAW FIRM, LLC Neal J. Valor2, Esq. Wyoming Ad tress: 400 East 20"' Street Cheyenne, WY 82001 Mailing Addrss: 333 W. Colfax Ave, Suite 400, Denver, CO 80504 Toll Free No. 866- 620 -8605 Dates of Publication: November 21 2012 November 29, 2012 December 6, 2012 December 13.. 2012 11- 06225WY/WY -F214 Publication Fcl. Sale KEMMERER GAZETTE FORECLOSURE SALE NOTICE W HEREAS NOTICE IS HEREBY GIVEN that default in the payment undr, the terms of a secured and perfected Nbte has occurred. The Note is seeured by a Mortgage dated January 31, 2011 and recorded on Febru- ary 24, 2011 at Receiving 958239 Book 762 Page 897 from Loran V Erickson and Amber J. Erickson to Mortgage Electronic Registration Systems, Inc. as nominee for Freedom Mortgage Corp. d/b /a Jefferson Houle Mortgage and Loanfor the amount of $147,265.00. The Mortgage having, been transferred and assigned is now in possession of Freedom Mortgage Corp. d/b /a Jefferson Home Mortgage and Loan at Receiving %96' 106 Book 795, Page #82. 'REAS the Mortgage contains a power of sale, which by reason of de hasioccurred, the Mortgagee has declared to become operative, and no suit or proceeding has been instituted to recover the debt secured by the Mortgage, or any part thereof, nor has any suit or proceeding instituted and the same discontinued and; ,WHErREAS written NoticeofIntenttto Foreclose by Sale andAdver- tiserent has been served upon', the record owner and party in possession of the mortgaged premises at least ten(10) days prior to commencement of the publication, and the amount due upon the Mortgagee at the date of firstlpublication of this notice of sale being the total sum of $160,136.33 which, sum consists of the unpard,balance of $146,500.29, plus interest accrued to the date of this first publication of this notice in the amount of $13,636.04,,plus outstanding, charges, plus attorney fees costs expected and, accruing interest and late charges after the date of first publication of this notice. WHEREAS this property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective purchaser, should research the status of title before submitting .a bid. NOW, THEREFORE, Freedom Mortgage Corp. d/b /a Jefferson Home Mortgage and Loan as Mortgagee„ will have the Mortgage foreclosed as by law•proyided by having the mortgagd property to be sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyo- ming to the highest bidder for cash at 10:00 AM on December 18, 2012 at the front door of the Lincoln County Court house located at 925'Sage Avenue, Kemmerer, WY. 83101. For application on the above described amounts secured by the Mortgage, said mortgaged property being de- scribed as follows, to wit: LOTS 1, 2, 3 AND 4 OF BLOCK 13 OF THE AUBURN TOWNSITE, LINCOLN COUNTY, WYOMING LESS AND EXCEPT THE LAND DESCRIBED IN WARRANTY DEED RECORDED NOVEMBER 16,1972 IN BOOK 102PR ON PAGE 205 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. LESS AND EXCEPT THE LAND •DESCRIBED IN WARRANTY DEED RECORDED NOVEMBER 29, 1999 IN BOOK 438PR ON PAGE 788 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. LESS AND EXCEPT THE LAND DESCRIBED IN WARRANTY DEED RECORDED FEBRUARY 14,2005 IN BOOK 578 ON PAGE 866 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. With an address of 401 S 3rd West St, Auburn, WY 83111 Together with all improvements thereon situated and all fixtures and appurtenances, thereto. Freedom Mortgage Corp. d/b /a Jefferson Home Mortgage and Loan THE HOPP LAW FIRM, LLC Neal J. Valorz, Esq. Wyoming Address: 400 East 20th Street Cheyenne, WY 82001 Mailing Address: 333, W. Co1fak Ave, Suite 400, Denver, CO 80504 Toll Free No. 866 -620 -8605 PUBLISH: Nov. 21 29 Dec. 6 13 2012 1121B AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 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 21 day of 20 (2, and the last publication being on the day of 1 U- ini)-0) 20 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 STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this 43 day of -0P -ei 'VD'tU by Mich Jensen, Publis Michael Je sen Publisher 4 1 Q'ld4 6 Notary Signa A.D., 20 1,7, 00800