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HomeMy WebLinkAbout9697761.14444 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 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. COSPkg Remainder of page intentionally left blank 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: COSPkg 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 COSPkg 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 vfj o4 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 COSPkg 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( _..'3•..��.ws'x,:J,ceF: ni�� rda✓...r'- >.:zz F.�t:: -7 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 COSPkg .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 COSPkg 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 00107