Loading...
HomeMy WebLinkAbout9692011 /U1L/ 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 December 15, 2004, executed and delivered by David W. Higgins aka David Wayne Higgins and Lisa B. Higgins aka Lissa Boccio Higgins to Mortgage Electronic Registration Systems, Inc., as nominee for Oceans Funding Company, Inc., its successors and assigns and (b) that certain mortgage dated December 15, 2004 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 17, 2004, at Reception No. 905342 in Book 575 at Page 245 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 36, FOREST MEADOW SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN THE OFFICE OF THE COUNTY CLERK, LINCOLN COUNTY, WYOMING with an address of 503 Three Rivers 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: Central Mortgage Company Assignment dated: November 5, 2012 Assignment recorded: December 10, 2012 Assignment recording information: at Reception No. 968448 in Book 800 at Page 422 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, Central Mortgage Company "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 1/29/2013 at 10:14 AM RECEIVING 969201 BOOK: 803 PAGE: 453 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Higgins 12 -13433 Page 1 of 7 !045 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 $213,954.67 "Bid Sum which was bid and offered by Central Mortgage Company "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 $2,105.70 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 Higgins 12 -13433 Page 2 of 7 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 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 29t day of January 2013. My Commission Expires: COSPkg Witness my hand and official seal. VHITNEY HYSELL- NOTARY PUBLIC ;ounty of State of incoln Wyoming My Commission Expires 1 t 0 1 SS ACKNOWLEDGMENT M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: )f Print me: John P. Stetzenbach Title: Deputy Sheriff Certificate of Sale Higgins 12 -13433 Page 3of7 1 0 4 5 5 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 December 15, 2004 (the "Mortgage and recorded on December 17, 2004, at Reception No. 905342 in Book 575 at Page 245 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 David W. Higgins aka David Wayne Higgins and Lisa B. Higgins aka Lissa Boccio Higgins "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Oceans Funding Company, Inc., its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Central Mortgage Company Assignment dated: November 5, 2012 Assignment recorded: December 10, 2012 Assignment recording information: at Reception No. 968448 in Book 800 at Page 422 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: 71969009843000641328 CERTIFIED MAIL NO. FSN: 71969009843000643490 Central Mortgage Company 801 John Barrow Road, Suite 1 Little Rock, AR 72205* CERTIFIED MAIL NO. NOI: 71969009843000641335 CERTIFIED MAIL NO. FSN: 71969009843000643506 CURRENT RESIDENT 503 Three Rivers Drive Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000643582 CERTIFIED MAIL NO. FSN: 71969009843000643513 David W. Higgins aka David Wayne Higgins 503 Three Rivers Drive Alpine, WY 83128* q: \docs_cas2K \wy \Mailing.doc EXHIBIT A SS 004 Higgins 12 -13433 Page 4 of 8 CERTIFIED MAIL NO. NCI: 71969009843000641342 CERTIFIED MAIL NO. FSN: 71969009843000643520 David W. Higgins aka David Wayne Higgins P.O. Box 3277 Alpine, WY 83128 -0277 CERTIFIED MAIL NO. NOI: 71969009843000641359 CERTIFIED MAIL NO. FSN: 71969009843000643537 Lisa B. Higgins aka Lisa Boccio Higgins 503 Three Rivers Drive Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000641366 CERTIFIED MAIL NO. FSN: 71969009843000643544 Lisa B. Higgins aka Lisa Boccio Higgins P.O. Box 3277 Alpine, WY 83128 -0277 CERTIFIED MAIL NO. NOI: 71969009843000641373 CERTIFIED MAIL NO. FSN: 71969009843000643551 David W. Higgins aka David Wayne Higgins P.O. Box 7854 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 71969009843000641380 CERTIFIED MAIL NO. FSN: 71969009843000643568 Lisa B. Higgins aka Lisa Boccio Higgins P.O. Box 7854 Jackson, WY 83002 CERTIFIED MAIL NO. NCI: 71969009843000641397 CERTIFIED MAIL NO. FSN: 71969009843000643575 Bank of Star Valley 384 Washington Street P. 0. Box 8007 Afton, WY 83110 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 17, 2012 and the date of the first publication of the notice of foreclosure sale was January 3, 2013. State of Wyoming County of Natrona This instrument was acknowledged before me on T day of 2013 by Patricia Anne Michitsch as attorney of The Castle Law roup, L A PURUC DIAHANN FRANKLIN STATE OF WYOMING COUNTY OF NATRONA Commission Ex 15 2014 My commission expires:3 q: \docs_cas2K \wy \Mailing.doc FURTHER AFFIANT SAYETH NAUGHT. i ch y: Patricia nne Mic The Castle aw Group, LLC 330 So. alsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 ,1 /L 44'/U 114 Lt 1 (Sign tune of n ar'a) officer) Title (an Rank) 004V' Higgins 12 -13433 Page 5 of 8 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming tylnuli 11.,au\ Ir,1� Tin' l'■ q: \docs_cas2K \wy \Mailing.doc 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 day of 20 and the last publication •eing on the 24- da of 20 (3 and that said advertisem• nt appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5118 Subscribed in my presence and sworn to Z day of A,D., 20.. (.3 befor7e on this by Michael Jensen`.ublis I ,(11(.(, (110A, Sign u(re OO4S KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN n, Publisher Higgins 12 -13433 Page 6 of 8 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 $2,105.70 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 1 -3 -13 Title Update Sale Attendance Fee Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Record AOM Fee Total $2,105.70 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 AFFIAIT SAYE AUGHT. nT' State of Wyoming County of Natrona T day of The Castle Law DtA FR COUNT OF NATRONA WYOMING Commission iris M 15, 2014 q: \docs_cas2K \wy \Mailing.doc EXHIBIT C AFFIDAVIT OF ATTORNEY SS Patricia Anne/IVlichitsch The Castle Law,roup, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Sign tur not r1 f�er) officer) Title (and Rank) My commission expires: 5 /,(7/Y 600.00 780.00 103.50 471.20 25.00 50.00 26.00 11.00 11.00 10.00 10.00 8.00 This instrument was acknowledged before me on c/rue 2013 by Patricia Anne Michitsch as attorney of roup, LL 0O4 Higgins 12 -13433 Page 7 of 8