HomeMy WebLinkAbout970025170034
STATE OF WYOMING
COUNTY OF LINCOLN
753
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 June 11, 2004, executed and delivered by Tom N.
Nelson and Deborah A. Lynch to Argent Mortgage Company, LLC and (b) that
certain mortgage dated June 11, 2004 (the "Mortgage securing said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on June 17, 2004, at Reception No. 900265 in
Book 559 at Page 241 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 20 OF THE VIOLA SUBDIVISION PHASE NO. 1, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
THEREOF
with an address of 188 Big Spring Drive, La Barge, WY 83123
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: CitiFinancial Mortgage Company, Inc.
Assignment dated: April 11, 2005
Assignment recorded: April 11, 2005
Assignment recording information: at Reception No. 907573 in Book 582 at Page
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, CitiMortgage, Inc., successor by
merger to CitiFinancial Mortgage Company, 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 February 21, 2013 issue of
RECEIVED 3/19/2013 at 10:39 AM
RECEIVING 970025
BOOK: 807 PAGE: 139
JEANNE WAGNER
LINCOLN COUNT
RK, KEMMERER, WY
Certificate of Sale
Nelson 13 -00571
Page 1 of 7
001.39
said newspaper and ending with the March 14, 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 19, 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
$121,662.52 "Bid Sum which was bid and offered by CitiMortgage, Inc.,
successor by merger to CitiFinancial Mortgage Company, 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 $2,055.08 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
Nelson 13 -00571
Page 2 of 7
00110
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 19, 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
19th day of March 2013.
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
WHITNEY HYSELL NOTARY PUBLIC
County of State of
Lincoln
1 Wyoming
My Commission Expi es 1 �.'C
COS Pkg
By:
ACKNOWLEDGMENT
SS
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
Print'Nanle: John P. Stetzenbach
Title: 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 19th day of
March 2013.
Witness my hand and official seal.
Notary Public
k
Certificate of Sale
Nelson 13 -00571
Page3of7
00141
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 11, 2004 (the "Mortgage
and recorded on June 17, 2004, at Reception No. 900265 in Book 559 at Page
241 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 Tom N. Nelson and
Deborah A. Lynch "Mortgagor(s) the named mortgagor(s), and Argent
Mortgage Company, LLC is the named mortgagee, which Mortgage was
assigned for value as follows:
Assignee: CitiFinancial Mortgage Company, Inc.
Assignment dated: April 11, 2005
Assignment recorded: April 11, 2005
Assignment recording information: at Reception No. 907573 in Book 582 at Page
753
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: 71969009843000664204
CERTIFIED MAIL NO. FSN: 71969009843000665591
CitiMortgage, Inc., successor by
merger to CitiFinancial Mortgage
Company, Inc.
1000 Technology Drive, MS 314
0 Fallon, MO 63368 -2240
CERTIFIED MAIL NO. NOI: 71969009843000664211
CERTIFIED MAIL NO. FSN: 71969009843000665607
CURRENT RESIDENT
188 Big Spring Drive
La Barge, WY 83123*
CERTIFIED MAIL NO. NOI: 71969009843000664228
CERTIFIED MAIL NO. FSN: 71969009843000665614
Estate of Torn N Nelson
188 Big Spring Drive
La Barge, WY 83123*
COSPkg
EXHIBIT A
SS
CERTIFIED MAIL NO. NOI: 71969009843000664235
CERTIFIED MAIL NO. FSN: 71969009843000665621
Estate of Tom N Nelson
PO Box 227
La Barge, WY 83123
CERTIFIED MAIL NO. NOI: 71969009843000664242
CERTIFIED MAIL NO. FSN: 71969009843000665638
Deborah A Lynch
188 Big Spring Drive
La Barge, WY 83123*
CERTIFIED MAIL NO. NOI: 71969009843000664259
CERTIFIED MAIL NO. FSN: 71969009843000665645
Deborah A Lynch
PO Box 227
La Barge, WY 83123
Certificate of Sale
Nelson 13 -00571
Page 4 of 7
00 :1.42
CERTIFIED MAIL NO. NOI: 71969009843000664266
CERTIFIED MAIL NO. FSN: 71969009843000665652
Deborah A Lynch
PO Box 226
La Barge, WY 83123
CERTIFIED MAIL NO. NOI: 71969009843000664273
CERTIFIED MAIL NO. FSN: 71969009843000665669
1st Bank
716 Pine Avenue
Kemmerer, WY 83101
CERTIFIED MAIL NO. NOI: 71969009843000664280
CERTIFIED MAIL NO. FSN: 71969009843000665676
Department of Revenue
122 West 25th Street, 2 West
Cheyenne, WY 82002 -0110
CERTIFIED MAIL NO. NOI: 71969009843000664297
CERTIFIED MAIL NO. FSN: 71969009843000665683
Wyoming Workers' Safety Compensation
1510 East Pershing Blvd
Cheyenne, WY 82002
CERTIFIED MAIL NO. NOI: 71969009843000664303
CERTIFIED MAIL NO. FSN: 71969009843000665690
State of Wyoming
Department of Employment
Unemployment Tax Division
PO Box 2760
Casper, WY 82602
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was February 8, 2013 and the date of the first publication of the
notice of foreclosure sale was February 21, 2013.
State of Wyoming
County of Natrona
This in trument was acknowledged before me on
day of(-,L, 2013 by Patricia nne kitsch as attorney of
The Castle Law Group, LLC.
FURTHER AFFIANT SAYETH NAUGHT.
c �r? ei: r'rr:3 <�8.;�,.�t.' „:cyv.S�ET.
Nr :2, I ANY Pi; SL.JC
KELLEY L DREUCHARZ
STATE OF WYOMING
COUiTY OF NATRONA
My Comn;is E=xpires Jan 19 2015
COSPkg
My commission expires:
L
/7/0-6/s
Title (and Ra
CERTIFIED MAIL NO. NOI: 71969009843000664310
CERTIFIED MAIL NO. FSN: 71969009843000665706
Internal Revenue Service
1999 Boadway MS 5021DEN
Attn: Technical Svc Gip. Mngr
Denver, CO 80202 -2490
CERTIFIED MAIL NO. NOI: 71969009843000664327
CERTIFIED MAIL NO. FSN: 71969009843000665713
State of Wyoming
Department of Workforce Services
122 West 25 Street, E #2
Cheyenne, WY 82002
CERTIFIED MAIL NO. NOI: 71969009843000664334
CERTIFIED MAIL NO. FSN: 71969009843000665720
CollectionCenter Wyoming
406 6 Street
Rawlins, WY 82301
6%-„,r-cc
/Patricia An Michit
The Castle La Group, LLC
330 So. W sh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
Certificate of Sale
Nelson 13 -00571
Page 5 of 7
00143
date
900,
PUB
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
582 at
as
a
f p g c a 'ds of the Coi d ex officio Register of Deeds
e 'dFL a "tQn �aS older
ave bec°
reco
&any SUO I1 t t0� G ®CEOs
ga was assigned for value as follows:
at Mortgage Company, Inc.
F7
0 n 11, 2005'`
i ig information at'Reception No. 907573 in Book
COSPkg
igd 's}
ecurtty for the Note of the`same
on June 17, 2Q04 at' Reception' No.
records of the,office'of the County
s in,'anjd for Lincoln County, State
o forecl
on the ie own r an d c
o g g" p o ses at least t en X10) dais prior
ent of thi publication and tfie amount due upon the
e�of first pub of thus notice of sale beingthe total
the fu paid principarnalance
coof
rof
at
nation on'
mortgaged'
EXHIBIT B
PUBLISHER'S AFFIDAVIT
ss; and
ge
0400
5379
4.2013 (13- 00571) 0221A
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
consecutive issues /weeks;
the first publication being on the
day of Ct) 20 3
and the last publication being on the tL(-
day of
cU t 20
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael Jens Publisher
ROSEMARY CAPELLEN NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN h. WYOMING
MY COMMISSION EXPIRES 5/5!18
Subscribed in my presence and sworn to
before me on this 1ft day of ss
.D., 20 t
:4 1141, h' a
Notary Si
Certificate of Sale
Nelson 13 -00571
Page 6 of 7
00144
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 $2,055.08 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 AFF A' NAUGHT.
State of Wyoming
County of Natrona
/0-- day
The Castle Law Group, LLC.
NO iARY
KELLEY L DREL.ICHARZ
STATE OF WYOMMING
COUNTY OF NATRONA
WI)/ Commission Expires Jan 19, 2975
My commission expires:
COSPkg
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
PUB COST FSN 2 -21 -13
Title Update
Sale Attendance Fee
Record Cert of Sale
Record Assn of Cert of Sale
Record Sheriffs Deed
Sheriff's Fee Sale
Sheriffs Fee Deed
SS
Total $2,055.08
/7A ofs"
EXHIBIT C
AFFIDAVIT OF ATTORNEY
42 tI
y: Patricia ne Michitsch
The Castle aw Group, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
Title (and Ra
700.00
585.00
171.08
456.00
25.00
50.00
26.00
11.00
11.00
10.00
10.00
This in 'rument was acknowledged before me on
2013 by Patr" ia,Anne N kitsch as attorney of
Certificate of Sale
Nelson 13 -00571
Page 7 of 7
001.45