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HomeMy WebLinkAbout96892815878: STATE OF WYOMING COUNTY OF LINCOLN 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 16, 2006, executed and delivered by Lisa Harter MacQueen to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. and (b) that certain mortgage dated February 16, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 15, 2006, at Reception No. 916697 in Book 614 at Page 447 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: The mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon FKA The Bank Of New York, as Trustee For The Certificate Holders CWABS, Inc., Asset Backed Certificates, Series 2006 -6 Assignment dated: November 23, 2009 Assignment recorded: December 2, 2009 Assignment recording information: at Reception No. 950853 in Book 737 at Page 319 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, The Bank of New York Mellon FKA The Bank Of New York, as Trustee For The Certificate Holders CWABS, Inc., Asset Backed Certificates, Series 2006 -6 "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. COSPkg CERTIFICATE OF SALE SS with an address of 503 Alta Drive, Thayne, WY 83127 -9028 STAR VALLEY RANCH PLAT FOURTEEN (14), LOT TWENTY FIVE (25) AS PLATTED AND RECORDED IN THE OFFICIAL RECORDS OF LINCOLN COUNTY, WYOMING. Together with all improvements thereon situate and all fixtures and appurtenances thereto. RECEIVED 1/8/2013 at 11:33 AM RECEIVING 968928 BOOK: 802 PAGE: 344 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 003V Certificate of Sale MacQueen 09- 18970R Page 1 of 7 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 December 13, 2012 issue of said newspaper and ending with the January 3, 2013 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 January 8, 2013 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 $76,500.00 "Bid Sum which was bid and offered by The Bank of New York Mellon FKA The Bank Of New York, as Trustee For The Certificate Holders CWABS, Inc., Asset Backed Certificates, Series 2006 -6 "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 $3,808.25 is to be paid to The Castle Law Group, 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. COSPkg Remainder of page intentionally left blank Certificate of Sale MacQueen 09- 1.8970R Page 2 of 7 0034 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 January 8, 2013, 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 8th day of January 2013. 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 8th day of January 2013. My Commission Expires: COSPkg Witness my hand and official seal. irL1-flE�i�nr ACKNOWLEDGMENT UT A!i! PUBLIC BLICC SThTr OF vY WING ./.PL(.; 5 SS By: M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Nile: John P. Stetzenbach Title: Deputy Sheriff tleiLL- Certificate of Sale MacQueen 09- 18970R Page 3 of 7 9)03 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 The Castle Law Group, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated February 16, 2006 (the "Mortgage and recorded on March 15, 2006, at Reception No. 916697 in Book 614 at Page 447 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 Lisa Harter MacQueen "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon FKA The Bank Of New York, as Trustee For The Certificate Holders CWABS, Inc., Asset Backed Certificates, Series 2006 -6 Assignment dated: November 23, 2009 Assignment recorded: December 2, 2009 Assignment recording information: at Reception No. 950853 in Book 737 at Page 319 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:70112970000393549116 CERTIFIED MAIL NO. FSN:70112970000393536833 CERTIFIED MAIL NO. FSN2:70102780000105815683 CERTIFIED MAIL NO. FSN3:70122210000098734514 The Bank of New York Mellon FICA The Bank Of New York, as Trustee For The Certificate Holders CWABS, Inc., Asset Backed Certificates, Series 2006 -6 400 National Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* COSPkg CERTIFIED MAIL NO. NOI: 71969009843000587589 CERTIFIED MAIL NO. FSN: 71969009843000594327 CERTIFIED MAIL NO. FSN2: 71969009843000616623 CERTIFIED MAIL NO. FSN3: 71969009843000636416 CURRENT RESIDENT 503 Alta Drive Thayne, WY 83127 -9028* CERTIFIED MAIL NO. NOI: 71969009843000587602 CERTIFIED MAIL NO. FSN: 71969009843000594334 CERTIFIED MAIL NO. FSN2: 71969009843000616630 CERTIFIED MAIL NO. FSN3: 71969009843000636423 Lisa Harter MacQueen 503 Alta Drive Thayne, WY 83127 -9028* Certificate of Sale MacQueen 09- 18970R Page 4of7 00347 CERTIFIED MAIL NO. NOI: 71969009843000587626 CERTIFIED MAIL NO. FSN: 71969009843000594341 CERTIFIED MAIL NO. FSN2: 71969009843000616647 CERTIFIED MAIL NO. FSN3: 71969009843000636430 Lisa Harter MacQueen 4407 Schulte Dr Cincinnati, OH 45205 -2039* CERTIFIED MAIL NO. NOI: 71969009843000587657 CERTIFIED MAIL NO. FSN: 71969009843000594358 CERTIFIED MAIL NO. FSN2: 71969009843000616654 CERTIFIED MAIL NO. FSN3: 71969009843000636447 Lisa Harter MacQueen PO Box 6656 Jackson, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000587664 CERTIFIED MAIL NO. FSN: 71969009843000594365 CERTIFIED MAIL NO. FSN2: 71969009843000616661 CERTIFIED MAIL NO. FSN3: 71969009843000636461 Star Valley Ranch Association HC62, PO Box 7008 Star Valley Ranch, WY 83127* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 5, 2012 and the date of the first publication of the notice of foreclosure sale was September 20, 2012. Re- publication began on October 25, 2012 and again on December 13, 2012. State of Wyoming County of Natrona Sfc(i/ day of The Castle Law roup, L My commission expires: 4?/-z045 COSPkg FURTHER AFFIANT SAYETH NAUGHT. y: atricia A e Mich h The Castle Ia wGroup, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2013 by Pa cia Ann- kchitsch as attorney of natur 4 f nota i.I o. i.er Title (and Ra Certificate of Sale MacQueen 09- 18970R Page 5 of 7 0034' KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming COSPkg PUBLISHER'S AFFIDAVIT EXHIBIT B 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 13 day of Q e t) 20 12 and the last publication being on the day of KEMMERER, WYOMING Michael Jense Pt blisher STATE OF WYOMING )ss. COUNTY OF LINCOLN 20 r3 and that said advertisemen 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 R. WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this 3 day of A.(ilaC 1-(. A.D., 20_� Jensen, P is 1 r. o ary Sig ure Certificate of Sale MacQueen 09- 18970R Page 6 of 7 0©349 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 The Castle Law Group, LLC who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That The Castle Law Group, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $3,808.25 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 9 -20 -12 PUB COST FSN2 10 -25 -12 FTPDD x 2 PUB COST FSN3 12 -13 -12 Conduct Sale Fee Record Cert. of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriff's Fee Deed PREVIOUS FILE 600.00 577.00 143.75 372.30 481.80 150.00 486.40 50.00 26.00 11.00 10.00 10.00 890.00 Total $3,808.25 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 Castle Law Group, 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 State of Wyoming County of Natrona day of The Castle La Group, LL COSPkg �'!Y 1 tsrA My commission expires: //li 0 %S' Title (and Ra NAUGHT. By: Patricia fie Michit The Castle L w Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2013 by Patricia Anne hitsch as attorney of Certificate of Sale MacQueen 09- 18970R Page 7 of 7