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HomeMy WebLinkAbout969617151694 *Corrective Certificate of Sale being recorded to correct bid amount in the Certificate of Sale recorded September 4, 2012 at Reception No. 966621 in Book 793 at Page 237. CORRECTIVE CERTIFICATE OF SALE STATE OF WYOMING SS COUNTY OF LINCOLN C. o" c. M. Shane Johnson of lawful age, being first duly sworn upon his oath, states and certifies as follows: E I 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 September 8, 2004, executed and delivered by Kathleen Hildreth to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation its successors and assigns and (b) that certain mortgage dated September 8, 2004 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 9, 2004, at Reception No. 902713 in Book 0566 at Page 0699 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 94 OF STAR VALLEY RANCH PLAT 3, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 15 Cottonwood Lane, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: GMAC Mortgage, LLC Assignment dated: June 27, 2012 Assignment recorded: July 10, 2012 Assignment recording information: at Reception No. 965481 in Book 789 at Page 303 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, GMAC Mortgage, LLC "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 2/21/2013 at 4:19 PM RECEIVING 969617 BOOK: 805 PAGE: 260 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Corrective Certificate of Sale Hildreth 12 -08637 Page 1 of 7 u0260 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 August 9, 2012 issue of said newspaper and ending with the August 30, 2012 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 September 4, 2012 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 $134,010.54 "Bid Sum which was bid and offered by GMAC Mortgage, LLC "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 $1,883.00 is to be paid to The Castle Law Group, LLC, formerly known as, Castle Stawiarski, 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 0026' Corrective Certificate of Sale Hildreth 12 -08637 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 September 4, 2012, 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 Z- day of 2013. STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was ubscribed in my presence and acknowledged before me by m (��KO C bhrtZ5On Deputy Sheriff of Lincoln County, State of Wyoming, this 2O-K1 day of -Cbii. u 2013. My Commission Expires: COSPkg ACKNOWLEDGMENT Witness my hand and official seal. SAVANNA L. KRALL NOTARY PUBLIC, SS COUNTY OF STATE OF LINCOLN r(> ,�sjY,7 WYOMING r My Commission Exppires 4/97/15 M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: fJ N 0/6/),A01.) Title: Notary Public Corrective Certificate of Sale Hildreth 12 -08637 Page 3 of 7 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: 002G 1. That she is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm The Castle Law Group, LLC, formerly known as, Castle Stawiarski, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated September 8, 2004 (the "Mortgage and recorded on September 9, 2004, at Reception No. 902713 in Book 0566 at Page 0699 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 Kathleen Hildreth "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: GMAC Mortgage, LLC Assignment dated: June 27, 2012 Assignment recorded: July 10, 2012 Assignment recording information: at Reception No. 965481 in Book 789 at Page 303 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: 71969009843000564696 CERTIFIED MAIL NO. FSN: 71969009843000568793 GMAC Mortgage, LLC 1100 Virginia Drive Fort Washington, PA 19034* CERTIFIED MAIL NO. NOI: 71969009843000564702 CERTIFIED MAIL NO. FSN: 71969009843000568809 CURRENT RESIDENT 15 Cottonwood Lane Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000564719 CERTIFIED MAIL NO. FSN: 71969009843000568816 Kathleen Hildreth 15 Cottonwood Lane Thayne, WY 83127* COSPkg Corrective Certificate of Sale Hildreth 12 -08637 Page 4of7 CERTIFIED MAIL NO. NOI: 71969009843000564726 CERTIFIED MAIL NO. FSN: 71969009843000568823 Kathleen Hildreth P 0 Box 1337 Thayne, WY 83127 -1337* CERTIFIED MAIL NO. NOI: 71969009843000564771 CERTIFIED MAIL NO. FSN: 71969009843000568830 Kathleen Hildreth 19025 North Rock Road New Paris, IN 46553* CERTIFIED MAIL NO. NOI: 71969009843000564801 CERTIFIED MAIL NO. FSN: 71969009843000568847 American Home Equity Corporation 167 Technology Dr. Irvine, CA 92618* CERTIFIED MAIL NO. NOI: 71969009843000564856 CERTIFIED MAIL NO. FSN: 71969009843000568854 Star Valley Ranch Homeowner's Association 3522 S Muddy String Rd Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000564894 CERTIFIED MAIL NO. FSN: 71969009843000568861 Citimortgage P.O. Box 6243 Sioux Falls, SD 57117 -6243* CERTIFIED MAIL NO. NOI: 71969009843000572776 CERTIFIED MAIL NO. FSN: 71969009843000572783 Star Valley Ranch Association HC 62 Box 7008 Star Valley Ranch, WY 83127 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 25, 2012 and the date of the first publication of the notice of foreclosure sale was August 9, 2012. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. day of The Castle Law Group, LLC COSPkg This instrument was acknowledged before me on 2013 by Patricia Anne Michitsch as attorney of formerly�lcnow,rras, Castl9 Wiarski, LLC. NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA ommission Expires Jar. 19, 2015 saa- •r�a6r�tr�sa-.�r..ar.�';saa„;^° My commission expires: 11/? /.moo 1s' „BY: P- tricia Ann- ichitsch The Castle La, Group, LLC, formerly known as, Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and Rank) Corrective Certificate of Sale Hildreth 12 -08637 Page 5 of 7 002 Gil KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming Yj n i ��P uo'1; 1 @1i i"�Oa0u�ouoru� 61 ulVC� o ae iA �p`t'i�a UU Kg EXHIBIT B PUBLISHER'S AFFIDAVIT 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 the first publication being on the 1 day of 2012_, and the last public on being on the day of O u,(l ,20 I a and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Subscribed in my presence and sworn to before me on this AO day of _fit A.D., 20 02 by, I Jensen, Publis Notary Sign re uernncate or male Hildreth 12 -08637 Page 6 of 7 00242 0O2G EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING SS 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 The Castle Law Group, LLC, formerly known as, Castle Stawiarski, 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, formerly known as, Castle Stawiarski, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $1,883.00 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 610.00 Statutory Notice Fee 92.00 PUB COST FSN 8 -9 -12 438.00 Conduct Sale Fee 50.00 Record Cert of Sale 26.00 Record Assign of Cert of Sale 11.00 Record Sheriffs Deed 11.00 Sheriff's Fee Sale 10.00 Sheriff's Fee Deed 10.00 FTP Update 25.00 Total $1,883.00 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 The Castle Law Group, LLC, formerly known as, Castle Stawiarski, 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 AFFI'- NTSAYE- H AUGHT. krY y: Patricia A xte Michitsch/ The Castle La Group, LLC, formerly known as, Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona T is instrument was acknowledged before me on VI day of 2013 by Patricia Anne Michitsch as attorney of The Castle Law Group, LL', formeikn )wn as, Cas S awiarski, LLC. COSPkg NOTARY PUBLIC KELLEY L DRELICIJARZ STATE OF WYOMING COUNTY OF NATRONA Commission ExRirn J 1S, 2015 My commission expires: 6/J— Corrective Certificate of Sale Hildreth 12 -08637 Page 7 of 7