HomeMy WebLinkAbout9697761.14444
STATE OF WYOMING
COUNTY OF LINCOLN
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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 23, 2010, executed and delivered by
Douglas C. Miller and Nichole A. Miller to Mortgage Electronic Registration
Systems, Inc., as nominee for Utah Mortgage Loan Corporation its successors
and assigns and (b) that certain mortgage dated December 23, 2010 (the
"Mortgage securing said note, which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on December 29, 2010,
at Reception No. 957401 in Book 759 at Page 521 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 10 -L -3 OF THE ROLLING HILLS FIRST ADDITION TO THE
CITY OF KEMMERER, LINCOLN COUNTY, WYOMING AS
DESCRIBED ON THE OFFICIAL PLAT THEREOF.
with an address of 2009 Del Rio Drive, Kemmerer, WY 83101
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Bank of America, N.A., successor by merger to BAC Home Loans
Servicing, LP fka Countrywide Home Loans Servicing LP
Assignment dated: May 30, 2012
Assignment recorded: June 11, 2012
Assignment recording information: at Reception No. 965003 in Book 787 at Page
549
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.
00101
4. That the power of sale contained in the Mortgage having
been made operative by reason of such default, Bank of America, N.A.,
successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home
Loans Servicing LP "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.
RECEIVED 3/5/2013 at 10:56 AM
RECEIVING 969776
BOOK: 806 PAGE: 101
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Miller 12- 09327R
Page 1 of 7
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 February 7, 2013 issue of said
newspaper and ending with the February 28, 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 March 5, 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
$265,085.22 "Bid Sum which was bid and offered by Bank of America, N.A.,
successor by merger to BAC Home Loans Servicing, LP fka Countrywide
Home Loans Servicing LP "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 $3,458.48 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.
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Certificate of Sale
Miller 12- 09327R
Page 2 of 7
00102
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 March 5, 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
5th day of March 2013.
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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SS
Witness my hand and official seal.
/HITNEY HYSELL- NOTARY PUBLIC
ounty of b r State of
incoln. Wyoming
i
N1y Commission Expires 1,2 O
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Na
e.
Title: Deputy Sheriff
ACKNOWLEDGMENT
�Cliff d
The foregoing instrument was subscribed in my presence and
acknowledged before me by Cliff Boyd
Deputy Sheriff of Lincoln County, State of Wyoming, this 5th day of
2013.
L
Notary Public
Certificate of Sale
Miller 12- 09327R
Page 3 of 7
0D103
STATE OF WYOMING
COUNTY OF NATRONA
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
CERTIFIED MAIL NO. NOI: 70112970000393583974
CERTIFIED MAIL NO. FSN:70102780000105815027
Bank of America, N.A., successor by merger
to BAC Horne Loans Servicing, LP fka
Countrywide Home Loans Servicing LP
400 National Way, SV 35, P.O. Box 10232
Simi Valley, CA 93065 -6298
CERTIFIED MAIL NO. NOI: 71969009843000656308
CERTIFIED MAIL NO. FSN: 71969009843000659620
CURRENT RESIDENT
2009 Del Rio Drive
Kemmerer, WY 83101*
SS
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 23, 2010 (the
"Mortgage and recorded on December 29, 2010, at Reception No. 957401 in
Book 759 at Page 521 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
Douglas C. Miller and Nichole A. Miller "Mortgagor(s) the named mortgagor(s),
and Mortgage Electronic Registration Systems, Inc., as nominee for Utah
Mortgage Loan Corporation its successors and assigns is the named mortgagee,
which Mortgage was assigned for value as follows:
Assignee: Bank of America, N.A., successor by merger to BAC Home Loans
Servicing, LP fka Countrywide Home Loans Servicing LP
Assignment dated: May 30, 2012
Assignment recorded: June 11, 2012
Assignment recording information: at Reception No. 965003 in Book 787 at Page
549
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:
Certificate of Sale
Miller 12- 09327R
Page 4 of 7
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CERTIFIED MAIL NO. NOI: 71969009843000656315
CERTIFIED MAIL NO. FSN: 71969009843000659637
Douglas C. Miller
2009 Del Rio Drive
Kemmerer, WY 83101*
CERTIFIED MAIL NO. NOI: 71969009843000656322
CERTIFIED MAIL NO. FSN: 71969009843000659644
Douglas C. Miller
4812 W 7th St
Greeley, CO 80634 -3919
CERTIFIED MAIL NO. NOI: 71969009843000656339
CERTIFIED MAIL NO. FSN: 71969009843000659651
Douglas C. Miller
1127 9th West UN C
Kemmerer, WY 83101
CERTIFIED MAIL NO. NOI: 71969009843000656346
CERTIFIED MAIL NO. FSN: 71969009843000659668
Nichole A. Miller
2009 Del Rio Drive
Keimnerer, WY 83101*
CERTIFIED MAIL NO. NOI: 71969009843000656360
CERTIFIED MAIL NO. FSN: 71969009843000659675
Nichole A. Miller
4812 W 7th St
Greeley, CO 80634 -3919
CERTIFIED MAIL NO. NOI: 71969009843000656377
CERTIFIED MAIL NO. FSN: 71969009843000659682
Nichole A. Miller
1127 9th West UN C
Kemmerer, WY 83101
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was January 22, 2013 and the date of the first publication of the
notice of foreclosure sale was February 7, 2013.
State of Wyoming
County of Natrona
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FURTHER AFFIANT SAYETH NAUGHT.
This instrument was acknowledged before me on
j day of 4 ,ti 2013 by Patr is Anne Michitsch as attorney of
The Castle Law Group, LLC(
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NOTARY PUBLIC
KELLEY L DRELICHARZ
STATE OF WYOMING
COUNTY OF NATRONA
Commission Expires Jan 19, 2016
My commission expires:
/By: atricia Anrye'Michit
The Castle Lavy/Group, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
nota 'al 7 ffi er)
Title (and R rlk)
Certificate of Sale
Miller 12- 09327R
Page 5 of 7
00i
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
k to n
:e i s o
2 i 9� 0 'a tt ece a onn o oa it ioo e
7 9 t
1 `lit o o nc ex- officio, e
or Lincoln Count to a of Wyoming; and Ala
'r h e^ +m
4,g4 s gne "5i'v uen fold t
erica A successo by merger t I�
3gme Loans Servic
e
ortli}g inforint on at Reception Np 965003 m yp
s df the County Clerl "andrex offioio:Register of
4 i 4't rvaR
erof sale which by,r
becom operative
to reoperxthe debt s
y such suit o rtproce
NOTICE
Fprineipal t and tmtei
ote Tot')
Inb 2
t er d icho
ton A Sy stems
tits successors ando
u o
sucCessorby A x
H ome Loans
orec1,ds
9
soldhat p blicilven
Count YQ g to
e f orenoon .off arc
soli LS T ADD TO
WYOMING`AS
rive; ett r erer`WY- t r
i ereonfsitttate and all 'fixtures and
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.0 1DOekans
s an Servigipg LP
e; Law Gvroup,,LLCM
alsh Drive,; Ste; 202
EXHIBIT B
PUBLISHER'S AFFIDAVIT
IA1_'
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 consecutive issues /weeks;
the first publication
i
day of
being on the
,20I?)
on the r:e_3
ication ben
and the last rub
day of
KEMMERER, WYOMING
,201?;
and that said advertisemen peared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael Je',, Publisher
ROSEMARY CAPELLEN NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN t(! WYOMING
MY COMMISSION EXPIRES 5/5/16
Subscribed in my presence and sworn to
before me on this 2g day of
otary Sign L
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
A.D., 20 1
00106
Certificate of Sale
Miller 12- 09327R
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
Attorney Fees (Foreclosure)
Statutory Notice Fee
TITLE UPDATE x
PUB COST FSN 2 -7 -13
Sale Attendance Fee
Record Cert. of Sale
Record Assign of Cert. of Sale
Record Sheriff's Deed
Sheriff's Fee Sale
Sheriffs Fee Deed
Previous File
State of Wyoming
County of Natrona
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My commission expires:
/A
EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
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 $3,458.48 as compensation
for services actually rendered in the foreclosure proceeding.
Total $3,458.48
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 AFFI T i NAUGHT.
Ic Patricia A f e Michitsth
The Castle L Group, LLC
330 So. Wa Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
NOThR`( PUB! IC
KELLEY L DRELICHARZ
STATE OF WYOMING
COUNTY OF NATRONA
ComZs,i 1 f_x iros lar s 201
az:'a 9, 2015
a Title (and Ra
650.00
94.88
150.00
486.40
50.00
26.00
11.00
11.00
10.00
10.00
1,959.20
This instrument was acknowledged before me on
P t day of 2013 by Patricia Anne Michitsch as attorney of
The Castle Law Group, LL
Certificate of Sale
Miller 12- 09327R
Page 7 of 7
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