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HomeMy WebLinkAbout969329CERTIFICATE OF SALE ON MORTGAGE FORECLOSURE O000�' C o(1 of lawful age, being first duly sworn upon his /her oath, according to law, deposes and says: 1. That he /she is now, and was at all times herein mentioned a duly appointed qualified and acting Deputy Sheriff of Lincoln County, Wyoming. 2. That the Mortgagee caused a notice of the following described mortgage foreclosure sale to be published once a week for four consecutive weeks, in the Star Valley Independent, a newspaper printed, published and of general circulation in the County of Lincoln, State of Wyoming, the said publication having been made on January 9, 2013, January 16, 2013, January 23, 2013 and January 30, 2013; that said Notice of Mortgage Foreclosure Sale was given in the manner and for the time required by law; that all acts had and done hereunder were in accordance with and conformity to the requirement of law in such case made and provided; and that Proof of Publication of said Notice of Mortgage Foreclosure Sale, together with a true copy of said Notice, is attached hereto, marked Exhibit "A and by this reference made a part hereof. 3. That on the 5th day of February, 2013, at the hour of 10:00 o'clock a.m. at the front door of the Courthouse of the County of Lincoln, State of Wyoming, in Kemmerer, Wyoming, the same being also the place of holding Court in said County, and at public venue, to the highest bidder for cash, he /she offered the sale the following described lands and premises as a whole, and then sold said lands and premises as a whole for the sum of $37,556.00 having bid fairly and in good faith therefore, and being the highest and best bidder, for all of said lands and premises; being particularly described as follows, to -wit: Lots 55 and 83 of Alpine Meadows Subdivision, Lincoln County, Wyoming, according to that plat filed August 23, 2005 in the Office of the Lincoln County Clerk as Plat No. 206 -A 4. That said lands and premises were sold pursuant to the order of the Court issued on January 2, 2013 by the Honorable Dennis L. Sanderson, District RECEIVED at 10:08 AM Page 1 of 3 RECEIVING 2/5/2013 969 BOOK: 804 PAGE: 6 JEANNE WAGNER 1 itirni N r.nI INN CI ERK. KEMMERER. WY 00007 Court Judge for the District Court of the Third Judicial District for and in the County of Lincoln, State of Wyoming, Civil Number CV- 2012- 53 -DC. A copy of the said Order being attached as Exhibit "B" hereto and incorporated as if fully set forth herein. 5. That the sale of the herein described lands and premises were sold based upon a Complaint filed by Wells Fargo Bank, NA which was filed in the District Court of the Third Judicial District for and in the County of Lincoln, State of Wyoming, Civil Number CV- 2012- 53 -DC. In said case, Wells Fargo Bank, NA alleged in part that Wright Properties, LLC, as a mortgagor to the Jackson State Bank Trust, as mortgagee, which mortgage deed was filed in the record of the office of the County Clerk and Ex- Officio Register of Deeds for Lincoln County, Wyoming in Book 619, Page 678, which mortgage was acquired by Wells Fargo Bank, NA. That the debt secured by said mortgage deed at the time of said sale, including principal, interest, advances, fees, costs, expenses of foreclosures was the actual sum of $140,088.22. 6. That in support of the sale John D. Bowers of Bowers Law Firm, PC, attorney at law an attorney admitted generally to practice in the State of Wyoming and representing Wells Fargo Bank, NA filed an affidavit duly made and executed which is attached hereto as Exhibit "C" and by this reference made a part hereof. 7. That said Wells Fargo Bank, NA bid the highest bid amount of $37,556.00 and as such is the purchaser of the herein described property. 8. That said Wells Fargo Bank, NA being the purchaser of all the above described lands and premises as aforesaid, said Wells Fargo Bank, NA its successors and assigns, will be entitled to a deed for said lands and premises on and after the 5th day of June, 2013, said date being after the expiration of three (3) months plus thirty (30) days from the date of sale, unless the same shall be redeemed prior to that date as provided by law. Page 2 of 3 IN WITNESS WHEREOF, he /she has hereunto signed his/her name this day of February, 2013. STATE OF WYOMING COUNTY OF LINCOLN By: ss. WITNESS my hand and official seal. My commission expires: C� JO Sheriff of Lincoln County, Wyoming Deputy Sheriff T,Jure foregoing instrument was acknowledged to before me by n'AJ\ S on the day of February, 2013. Page 3 of 3 N 6 TARY PUBLIC WHITNEY HYSELL NOTARY PUBLIC County of State of Lincoln t ';':•ia Wyoming My Commission Expires 1 t 0 0000` I SARAH HALE, Managing Editor of the Star Valley Independent, published weekly at Afton, Lincoln County, Wyoming, do solemnly swear that the notice, a copy of which is hereto attached, was published weekly in the regular and en ire issue of said newspaper, and not in any supplement thereof, for tc 3S consecutive issues, commencing with the issue date Nyk1 9 2013, and ending with issue dated c, L LL1 ?DC) 2013. r '2 C-1)(4-(-ii.'. 1, Subscribed and sworn in before me this ‘1ky 2013. FORECLOSURE SALE NOTICE WHEREAS, default in the payment of pri and nterest" has occurred under a s iterms wof a ���a�axik�' k promissory note m N ote dated May 4, 2006 executed and delivered 'b r ht ^PrO' F etes, LLC C Mor too The Jack on St B,an tgagor &eTrust, sand a real ;estate mortgage the "Mortgag of the same'dat�e securing t';the Note, whichNMortga was execut ed dbd by said Mortgag or, t o eli aid ere Mo rtgagee, and w h i ch Mortg w as recorded on May 1 t as t document n ber 918271 in ^Book 619,Page e in the records of the office of the County' Cl and e officio Register' ?1P;., eed in and for Lincoln County, ;Stae of Wyomi ng, and' WH Fargo Bak, N.A acquired The Jackson State 'Bank Trust "and all !rights to the and Mortgage; Mortg e, &4ia� ra�w rm Wells Fargo, Bank, i N A wChas i tuted an cact r �e� c losure in y T 4.w4gy�t i i T P for 4°^ 'l�n' j^� k y the Th rd Ju�ctal Distr et in and o r th Count off L inco�ln, Hof Wyoming, where W eltkAr ar go Bank, N A is the' Plaintiff tai d Wright ^Properties LAC is the Defendant; and Not r Public day of WHEREAS, a Judgment and My commission expires August 31, 2013 Decree of Foreclosure `and .0' dr of it e a es as Judicial NHEREAS or c an lens been District an the prope may be encum ty of t e any prospective:pur- aser�should r t he t of title before submitt g a b NOW THEREFORE "the m g a ge d r erty shall b solid at public 'venue 'by the Sheriff or' Deputy Sheriff in and for Lincoln County, Wyoming to the highest b f or. c as h t ,;49,i09, So clock inTth on Februar 5, 2 t he front s teps 5of 'th Linc Crty��Courth l ouse oc at 925 S age A Kemmerer, .Lincoln Co Wyoming, for ;application, on the amounts secured by 'the 'Mortgag sai �mortg pro :erty being described as follows, to-wit Lots 55 and 8 of Alpine Meadows Subdivision, i.Pricstilir Count Wyoming according to that plat filed" ugus 3 2 in the O ffi ce ,ofvth n colnCountty Clerk as Plat 0lt 1 20 x+s t cation .and publica ion 15 an aattemppt Ito k collect a debt Any information obtained ;will A be used fo thatdpupotse r DATED January, 7, 20,1, y WELLS;:: FARGO, .Mortgagee By JOHN D. 'BOWERS 'o Att orney for;Mortgagee on 9., P.O. B,o 155 b Jan v JANA BRYAN County of Lincoln My Commission Ex 00009 H fAi y :)+:3Lt0 %i State of ,li Wyoming u3 F r. ttra August 31, 2013 IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT FOR AND IN THE COUNTY OF LINCOLN, STATE OF WYOMING WELLS FARGO BANK, N. A. Plaintiff, vs. WRIGHT PROPERTIES, LLC, a Wyoming) limited liability company, JASON WRIGHT, BRYAN BOSWELL, and DOES 1 -10, Defendants. 2. ,LL L1u 0 FILED BY Civil No. CV- 2o12 -53 -DL JAN 2 2013 J KENNETH D. ROBERTS CLERK OF DISTRICT COURT 3rd JUDICIAL DISTRICT LINCOLN COUNTY, STATE OF WYOMING ORDER FOR PARTIAL DEFAULT JUDGMENT AGAINST DEFENDANT WRIGHT PROPERTIES, LLC, SPECIFICALLY DECREE OF FORECLOSURE AND SALE OF REAL PROPERTY THIS MATTER having come before the Court by way of the Plaintiffs Motion for Partial Default Judgment Against the Defendant Wright Properties, LLC, Specifically Decree of Foreclosure and Order of Sale of Real Property, the Court having reviewed the file and good cause appearing; THE COURT NOW FINDS: 1. On or about April 16, 2012, the Plaintiff filed a Complaint against the above captioned Defendants. The Complaint and Summons were served on the Wright Properties, LLC on or about April 25, 2012. Wright Properties, LLC is not a minor or incompetent person. Wright Properties, LLC has failed to plead or otherwise defend in this 3. matter, 4. On or about May 31, 2012, the District Court Clerk in the Third Judicial District for and in the County of Lincoln, State of Wyoming, entered default against the Defendant, Wright Properties, LLC, in the above captioned matter. 5. The Plaintiff has requested that the Court enter a partial default judgment against Wright Properties, LLC. Specifically, the Plaintiff has requested that judgment be entered against Wright Properties, LLC on Count III of the Plaintiffs Complaint Order for Partial Default Judgment Wells Fargo vs. Wright Properties, et al Civil No. CV- 2012 -53 -DC Page 1 of 3 (Mortgage Foreclosure) and that the real property subject to a mortgage in favor of the Plaintiff be sold by the Lincoln County Sheriff at a public sale pursuant to W.S. 1- i8 -iox et seq. IT IS HEREBY ORDRERED that the mortgage lien of the Plaintiff is hereby foreclosed an.d that any and all interest that Wright Properties, LLC has in the property described as Lots 55 and 83 of Alpine Meadows Subdivision, Lincoln County, Wyoming, according to that plat filed August 23, 2005 in the Office of the Lincoln County Cleric as Plat No. 206 -A, together with any water rights of any nature, and fixtures, shall be sold by the Lincoln County Sheriff in a manner provided for by law. The sale shall be held at the Lincoln County Courthouse located in Kemmerer, Wyoming pursuant to W.S.1 -1.8- 101 et seq. That the proceeds of the sale shall be applied as follows: (z) to the costs of the sale; (2) satisfaction. of the obligation owing to the Plaintiff as set forth in the Complaint; (3) any surplus thereafter remaining shall be paid into the Court for further determination regarding priority among any other party whose rights are subordinate to those of the Plaintiff. Defendant Wright Properties, LLC and any unknown heirs or devisees of it whom may be deceased, and any unknown owners, claimants or parties in interest claiming an interest in all or any part of the above described property, and each of them, and all persons claiming by, through or under them, or any of them, and al.l persons having liens subject to the Plaintiffs mortgage herein by judgment, decree or otherwise upon the property, or any part or parcel thereof, and their heirs, personal representatives and all persons claiming to have acquired any estate or interest in or to the property, be and they hereby are, forever barred and foreclosed from all right, title, claim and interest in and to every part or parcel thereof, except for such rights of redemption they may leave, and that said persons, and each of them, be, and they hereby are enjoined and restrained from moving or destroying any of the buildings, the improvements or appurtenances, or otherwise damaging the property prior to the redemption from the above referenced sale. The Plaintiff, with either a cash bid or credit bid against the amounts owed, may become the purchaser at the sale of said property, and the purchaser thereof shall be entitled to all rights and privileges of such a purchaser under the laws of the State of Wyoming. Order for Partial Defctult Judgment Wells Fargo us, Wright Properties, et al Civil iVo. CV-2012-53-DC Page 2of3 0001 That the purchaser of the property at said sale shall be let into possession of said property and that any person who may be in the possession of the property, or any part thereof, shall deliver possession th .reof to such purcha 'er. Dated thi/ day of t�GG� r l s Please send notices to: Wright Properties, LLC 2543 North Main St. Royal Oak, MI 48 R. Scott Garland Amy Wallace Potter Garland, Ford Potter, LLC PO Box 433.0 Jackson, WY 83007. Attorney for Defendant Jason Wright Bryan Boswell 2543 North Main St. Royal Oak, MI 48073 I, Emily Dyson, Deputy Clerk of Court, Lincoln County, Wyoming, herby certify that I served true correct copies of the foregoing document by First Class U.S. Mail on the 2nd day of January, 2013, to the above named parties. SIGNED (.1"6 DENNIS g ►PERSON DISTRICT COURT JUDGE Order for Partial Default Judgment Wells Fargo vs. Wright Properties, et al Civil No. CV- 2012 -53 -DC Page 3 of 3 STATE OF WYOMING COUNTY OF LINCOLN i, Kenneth D. Roberts, Clerk of the Third Judicial District Court within and foresaid county and in the State of foresaid, do hereby certify the foregoing to be a full, true, and compieto copy. 7 00012 00013 AFFIDAVIT OF ATTORNEY REGARDING ORDER OF THE COURT AND ATTORNEY FEES STATE OF WYOMING ss. COUNTY OF LINCOLN JOHN D. BOWERS, of lawful age, being first duly sworn upon his oath according to law, deposes and states: 1. That he is an attorney generally admitted to practice law within the State of Wyoming; that he is the attorney for, and is representing Wells Fargo Bank, NA, Mortgagee in its foreclosure of that certain mortgage dated May 4, 2006, wherein Wright Properties, LLC the Mortgagor, and said Mortgage having been filed for record in the Office of the County Clerk and Ex- Officio Register of Deeds within and for Lincoln County, Wyoming in Book 619 Page 678, on the 12th day of May, 2006. 2. That there is not, nor has there been any agreement, expressed or implied, between him and his client, or between him and any other person except practicing attorneys in the State of Wyoming engaged with him as attorneys in said foreclosure proceedings, for any sharing or division of his attorney's fee, and any fee, when so allowed and added to the debt, is only as compensation for services actually rendered in said foreclosure proceeding. 3. That Wells Fargo Bank, NA filed a Complaint against Wright Properties, LLC in the District Court of the Third Judicial District for and in the County of Lincoln, State of Wyoming, Civil No. CV- 2012- 53 -DC. As part of the Complaint, Wells Fargo Bank, NA requested that the Court issue an Order granting judicial foreclosure in the case to sell the real property described as Lots 55 and 83 of Alpine Meadows Subdivision, Lincoln County, Wyoming, according to that plat filed August 23, 2005 in the Office of the Lincoln County Clerk as Plat No. 206 -A. On January 2, 2013, the Court granted Wells Fargo Bank, NA's motion and ordered that the real property described herein be sold pursuant to W.S. 1 -18 -101 et. seq. Attorney Affidavit Page 1 of 2 4. The Affiant, John D. Bowers, upon his oath states upon his information and belief that the requirements pursuant to W.S. 1 -18 -101 et. seq. have been complied with to the date of the sale of the real property described herein at the public auction. DATED this t day of February, 2013. THE STATE OF WYOMING ss. COUNTY OF LINCOLN WITNESS my hand and official seal. My Commission Expires: d j.a Attorney Affidavit Page 2 of 2 Tore foregoing Affidavit was acknowledged before me by JOHN D. BOWERS this day of February, 2013. otary Public l RV� .Y+'4 ":xm HEIDI BROWN NOTARY PUBLIC County o, L.incoii State of Wyoming y C i1h��u >;.r k cf,,r klurjst 5 2013 U U 0 _L"1: