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HomeMy WebLinkAbout969675ALL THAT CERTAIN LAND SITUATED IN THE STATE OF WY, COUNTY OF LINCOLN, CITY OF ALPINE, DESCRIBED AS FOLLOWS: 0 ,0 4 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 June 28, 2008, executed and delivered by Sharolyn Taylor and Luis Lopez to Citifinancial, Inc. and (b) that certain mortgage dated June 28, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 7, 2008, at Reception No. 940358 in Book 699 at Page 332 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 A AND LCA "A INCLUDING ANY AND ALL COMMON AREAS IDENTIFIED AS "A" AS SHOWN ON THE FINAL PLAT OF THE LOST ELK TOWNHOUSE ADDITION TO THE TOWN OF ALPINE, WITHIN THE TOWN OF ALPINE, IDENTIFIED ON THE PLAT NUMBER 191 -C, INSTRUMENT NO. 883208, RECORDED IN THE OFFICIAL RECORDS OF THE LINCOLN COUNTY CLERK FOR AND IN THE COUNTY OF LINCOLN, STATE OF WYOMING. with an address of 155 Alpine Dr, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 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, Citifinancial, Inc. "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 four (4) consecutive weeks, commencing with the January 31, 2013 issue of said newspaper and ending with the February 21, 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 RECEIVED 2/26/2013 at 11:04 AM RECEIVING 969675 BOOK: 805 PAGE: 475 JEANNE WAGNER LINCOLN JNTY CLERK, KEMMERER, WY Certificate of Sale Taylor aka Sharolyn Blue Taylor 13 -00151 Page 1 of 7 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 February 26, 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 $75,900.00 "Bid Sum which was bid and offered by Citifinancial, Inc. "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 $2,156.00 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 Taylor aka Sharolyn Blue Taylor 13 -00151 Page 2 of 7 4 0 4 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 February 26, 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 26th day of Februar 2013. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg By: SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Title: ACKNOWLEDGMENT Witness my hand and official seal I li Notary Public John P. Stetzenbach Deputy Sheriff 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 February 2013. WHITNEY HYSELL NOTARY PUBLIC Jounty of !_incoln State of Wyoming My Commission Expires 26th day of Certificate of Sale Taylor aka Sharolyn Blue Taylor 13 -00151 Page 3 of 7 004`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 June 28, 2008 (the "Mortgage and recorded on July 7, 2008, at Reception No. 940358 in Book 699 at Page 332 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 Sharolyn Taylor and Luis Lopez "Mortgagor(s) the named mortgagor(s), and Citifinancial, Inc. is the named mortgagee; 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: 71969009843000654229 CERTIFIED MAIL NO. FSN: 71969009843000655196 Citifinancial, Inc. 1111 Noithpoint, Building 4 Suite 100 Coppell, TX 75019* CERTIFIED MAIL NO. NOI: 71969009843000654236 CERTIFIED MAIL NO. FSN: 71969009843000655202 CURRENT RESIDENT 155 Alpine Dr Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000654243 CERTIFIED MAIL NO. FSN: 71969009843000655219 Sharolyn Taylor aka Sharolyn Blue Taylor 155 Alpine Dr Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000654250 CERTIFIED MAIL NO. FSN: 71969009843000655226 Sharolyn Taylor aka Sharolyn Blue Taylor PO Box 3302 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000654267 CERTIFIED MAIL NO. FSN: 71969009843000655233 Sharolyn Taylor aka Sharolyn Blue Taylor PO Box 8786 Jackson, WY 83002 COSPkg EXHIBIT A SS Certificate of Sale Taylor aka Sharolyn Blue Taylor 13 -00151 Page 4 of 7 004'7,, CERTIFIED MAIL NO. NOI: 71969009843000654274 CERTIFIED MAIL NO. FSN: 71969009843000655240 Luis Lopez aka Luis Evert Lopez 155 Alpine Dr Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000654281 CERTIFIED MAIL NO. FSN: 71969009843000655257 Luis Lopez aka Luis Evert Lopez PO Box 3302 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000654298 CERTIFIED MAIL NO. FSN: 71969009843000655264 Luis Lopez aka Luis Evert Lopez PO Box 8786 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 71969009843000654304 CERTIFIED MAIL NO. FSN: 71969009843000655271 Glenda Minennan CP Holder Box 511 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000654311 CERTIFIED MAIL NO. FSN: 71969009843000655288 Lincoln County Treasurer 925 Sage Suite 102 PO Box 630 Kemmerer, WY 83101 CERTIFIED MAIL N0. NOI: 71969009843000654328 CERTIFIED MAIL NO. FSN: 71969009843000655295 Citifinancial, Inc. PO Box 17170 Baltimore, MD 21203 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 17, 2013 and the date of the first publication of the notice of foreclosure sale was January 31, 2013. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. r T is instrument was acknowledged before me on -Q /f day of 9- 2013 by Pa cia Anne M sch as attorney of The Castle Law Group, LLC. rft. My commission expires: COSPkg I�u K 'I%MwF AT L DREL1 i.. L R 0 ING STAT •.t COIJNTYOFN' •sNA NOTARY PUBLIC: KELLEY L DRE.ICHARZ .STATE OF WYOMING COUNTY OF NATRONA Commission Jan 19, 2015 G/ c-K y: Patricia An MichitscK The Castle La Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 /49/-16/s- ignatur .nota offi e Title (and Ra Certificate of Sale Taylor aka Sharolyn Blue Taylor 13 -00151 Page 5 of 7 004 61 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming EXHIBIT B PUBLISHER'S AFFIDAVIT an. 31 'Feb 7;14, 21, 2013 (13-00151) COSPkg .rntere ,0)9 f be sub a ect to tat the sale: ,title` before to X202 2609M00( X3335,37,9, �e013 Michael Je ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF f' ETAATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 515/16 nsen, Publish-r Publisher 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 .a ication being on the day of E 11 W 20 3 and the last publication being on the Z` day of and that said advertisement ppeared 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 ZI day of by Mic A.D,, 20 t otary Signa ,20 1.3 004 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Certificate of Sale Taylor aka Sharolyn Blue Taylor 13 -00151 Page 6of7 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 $2,156.00 as compensation for services actually rendered in the foreclosure proceeding. 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 AFFLANT N UGHT. y: Patricia Arse Michitsch The Castle La 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 f day of 2013 by Patricia Anne Michitsch as attorney of The Castle Law Group, LL COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 1 -31 -13 Title Update Sale Attendance Fee Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Total $2,156.00 NC! 7ARY PUBLIC KELLEY L DRELUCHARZ STATE OF WYOMING COUNTY OF NATRONA Commission E.e {3ires Jan 19, 2015 i aril iti u7 aYi3': My commission expires: EXHIBIT C AFFIDAVIT OF ATTORNEY d ,J" t e of note I offi er SS Title (and Ra 700.00 756.70 126.50 440.80 25.00 50.00 26.00 11.00 10.00 10.00 Certificate of Sale Taylor aka Sharolyn Blue Taylor 13 -00151 Page 7 of 7 0431