HomeMy WebLinkAbout969200170296
CERTIFICATE OF SALE
STATE OF WYOMING
SS
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 March 30, 2010, executed and delivered by Mary
Theresa McNabb to Mortgage Electronic Registration Systems, Inc., as nominee
for MetLife Home Loans, a Division of MetLife Bank, N.A. its successors and
assigns and (b) that certain mortgage dated March 30, 2010 (the "Mortgage
securing said note, which Mortgage was executed and delivered by said
mortgagor(s), to said mortgagee, and was recorded on March 31, 2010, at
Reception No. 952734 in Book 744 at Page 743 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 9 OF SUNDANCE CONDOMINIUMS TOGETHER WITH
UNDIVIDED INTEREST IN COMMON ELEMENTS IN
ACCORDANCE WITH THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS RECORDED MARCH 12,
2008 IN BOOK 689PR ON PAGE 302 AND BY THE OFFICIAL
PLAT FILED ON MARCH 12, 2008 AS INSTRUMENT NO. 937526
OF THE LINCOLN COUNTY CLERK.
with an address of 256 Moser Avenue Unit 9, Thayne, WY 83127
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: October 31, 2012
Assignment recorded: December 13, 2012
Assignment recording information: at Reception No. 968503 in Book 800 at Page
574
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, 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.
COSPkg
RECEIVED 1/29/2013 at 10:11 AM
RECEIVING 969200
BOOK: 803 PAGE: 446
JEANNE WAGNER
LINCOLN COUNTY C— KEMMERER, WY
Certificate of Sale
McNabb 12 -13497
Page 1 of 7
00446
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 January 3, 2013 issue of said
newspaper and ending with the January 24, 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 29, 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
$124,629.57 "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 $1,983.60 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
McNabb 12 -13497
Page 2 of 7
0+044')
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 29, 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
29th day of January 2013.
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
COSPkg
SS
Witness my hand and official seal.
M. Shane Johnson
00445
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print
e: John P. Stetzenbach
Title: Deputy Sheriff
ACKNOWLEDGMENT
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 29th day of
January 2013.
Notary Public
Certificate of Sale
McNabb 12 -13497
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 The Castle Law Group,
LLC, who are the attorneys representing the Mortgagee in a procedure to
foreclose a certain real estate mortgage dated March 30, 2010 (the "Mortgage
and recorded on March 31, 2010, at Reception No. 952734 in Book 744 at Page
743 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 Mary Theresa
McNabb "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. 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: October 31, 2012
Assignment recorded: December 13, 2012
Assignment recording information: at Reception No. 968503 in Book 800 at Page
574
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: 71969009843000642295
CERTIFIED MAIL NO. FSN: 71969009843000643261
MetLife Hone Loans, a division
of MetLife Bank, N.A.
1555 W. Walnut Hill Lane
Irving, TX 75038*
CERTIFIED MAIL NO. NOI: 71969009843000642301
CERTIFIED MAIL NO. FSN: 71969009843000643278
CURRENT RESIDENT
256 Moser Avenue Unit 9
Thayne, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000642318
CERTIFIED MAIL NO. FSN: 71969009843000643285
Maly Theresa McNabb
256 Moser Avenue Unit 9
Thayne, WY 83127*
COSPkg
EXHIBIT A
SS
00449
Certificate of Sale
McNabb 12 -13497
Page 4 of 7
CERTIFIED MAIL NO. NOI: 71969009843000642325
CERTIFIED MAIL NO. FSN: 71969009843000643292
Maly Theresa McNabb
PO Box 186
Freedom, WY 83120 -0186
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was December 19, 2012 and the date of the first publication of the
notice of foreclosure sale was January 3, 2013.
State of Wyoming
County of Natrona
.2V day of
FURTHER AFFIANT SAYETH NAUGHT.
The Castle Law Group, L C.
My commission expires: 5,45:
COSPkg
y: `Patricia An Michit
The Castle La Group, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
2013 by Patricia Anne Michitsch as attorney of
Si na re f notar 1 fficer)
Title (and Rafik)
00450
Certificate of Sale
McNabb 12 -13497
Page 5of7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
1 IJ kc Al II
n'7jtlo1 ���i it r r. IS 11
°4,6�5',°apt tneiuF eagls'.a4i
I yu
�rivyCi 1t��fl
pp'�q 1n�i ia,
'Yol
it Ilitl l `i i. 1� i.l t`(1 J�h"IIIU'tillv1, O. °r�
111'
11'0f1,ivµl> to. .4)
COSPkg
EXHIBIT B
PUBLISHER'S AFFIDAVIT
by Micha5l Jensen` •li
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 f period of 1 consecutive issues /weeks;
the first publication being on the ,3
day of
day of
and the last publication
and that said advertise'
Michael Jens Publisher
Subscribed in my presence and sworn to
before me on this 4.4 day of
Notary Sign
KEMMERER, WYOMING
er.
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
20_ 3
eing on the ,24
,20
ent appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
ROSEMARY CAPELLEN NOTARY PUBLIC
COUNTY OF t'1 STATE OF
LINCOLN �ft�';!' WYOMING
MY COMMISSION EXPIRES 5/5/16
A.D., 20 f
n
Certificate of Sale
McNabb 12 -13497
Page 6 of 7
1J 451
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 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 $1,983.60 as compensation
for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Record AOM
PUB COST FSN 1 -3 -13
TITLE UPDATE
Sale Attendance Fee
Record Cert. of Sale
Record Assign of Cert. of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
Total $1,983.60
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 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 "SA NAUGHT.
ie-
B: Patricia An'Michitsc
The Castle Lavr Group, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
2 i' day of i t L 2013 by Patricia Anne Michitsch as attorney of
The Castle Law roup, L
NKUN
y R
OIA
STATE OF WYOMING
My Corti COUNTY OF NATRONA
missy® Ma 15, 2014
My commission expires 57 c y
COSPkg
EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
650.00
632.00
46.00
11.00
501.60
25.00
50.00
26.00
11.00
11.00
10.00
10.00
4
(Si �tya officer)
Title (and Rank)
0045
Certificate of Sale
McNabb 12 -13497
Page 7 of 7