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HomeMy WebLinkAbout97061113481 Corrective Certificate of Sale being recorded to correct the name of the Successful Bidder as reflected in the Certificate of Sale recorded on June 26, 2012 at Reception No. 965267, in Book 788 at Page 281, in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming. STATE OF WYOMING COUNTY OF LINCOLN CORRECTIVE 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 November 7, 2005, executed and delivered by Sunnie D. Seghetti aka Sunnie Seghetti to Mortgage Electronic Registration Systems, Inc., as nominee for People's Choice Home Loan, Inc., its successors and assigns and (b) that certain mortgage dated November 7, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 10, 2005, at Reception No. 913594 in Book 604 at Page 380 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: 599 COSPkg LOT 31 OF THE GRANDVIEW ENTERPRISES, 2ND ADDITION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING, AS DESCRIBED ON PLAT INSTRUMENT NO. 876408 OF THE RECORDS OF LINCOLN COUNTY CLERK. with an address of 637 Mountain Drive, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, N.A. as Trustee Assignment dated: April 23, 2010 Assignment recorded: May 3, 2010 Assignment recording information: at Reception No. 953224 in Book 746 at Page Assignee: The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A. successor to JPMorgan Chase Bank N.A. for RAMP 2006 -RS4 Assignment dated: May 2, 2012 Assignment recorded: May 9, 2012 Assignment recording information: at Reception No. 964469 in Book 785 at Page 802 Certificate of Sale Sunnie D. Seghetti aka Sunnie Seghetti 12 -03376 Page 1 of 7 149. 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, The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A. successor to JPMorgan Chase Bank N.A. for RAMP 2006 -RS4 "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 May 31, 2012 issue of said newspaper and ending with the June 21, 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 June 26, 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 $48,750.00 "Bid Sum which was bid and offered by The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A., as Trustee for RAMP 2006 -RS4 "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 $2,085.80 is to be paid to 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 U0019 Certificate of Sale Sunnie D. Seghetti aka Sunnie Seghetti 12 -03376 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 June 26, 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 2A( day of 1 2i 2013. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SA ANNA L. KRALL NOTARY PUBLIC STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: ACKNOWLEDGMENT SS ti 00` l Print Name: 13)(iri �?0p/01/ Title: nPpiiry Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by m. o ddknoc Bertity Sheriff of Lincoln County, State of Wyoming, this 2 4d day of 2013. Witness my hand and official seal. OCIIrCurmti fit& Notary Public Certificate of Sale Sunnie D. Seghetti aka Sunnie Seghetti 12 -03376 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: 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 fka Castle Stawiarski, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated November 7, 2005 (the "Mortgage and recorded on November 10, 2005, at Reception No. 913594 in Book 604 at Page 380 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 Sunnie D. Seghetti aka Sunnie Seghetti "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for People's Choice Home Loan, Inc., its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, N.A. as Trustee Assignment dated: April 23, 2010 Assignment recorded: May 3, 2010 Assignment recording information: at Reception No. 953224 in Book 746 at Page 599 Assignee: The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A. successor to JPMorgan Chase Bank N.A. for RAMP 2006 -RS4 Assignment dated: May 2, 2012 Assignment recorded: May 9, 2012 Assignment recording information: at Reception No. 964469 in Book 785 at Page 802 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:70112970000393548058 CERTIFIED MAIL NO. FSN:70112970000393546542 COSPkg Certificate of Sale Sunnie D. Seghetti aka Sunnie Seghetti 12 -03376 Page 4 of 7 00021 The Bank of New York Mellon Trust Company, National Association FICA The Bank of New York Trust Company, N.A. successor to JPMorgan Chase Bank N.A. for RAMP 2006 -RS4 1100 Virginia Drive Fort Washington, PA 19034* CERTIFIED MAIL NO. NOI: 71969009843000520432 CERTIFIED MAIL NO. FSN: 71969009843000524621 CURRENT RESIDENT 637 Mountain Drive Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000520449 CERTIFIED MAIL NO. FSN: 71969009843000524638 Sunnie D. Seghetti aka Sunnie Seghetti 637 Mountain Drive Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000520456 CERTIFIED MAIL NO. FSN: 71969009843000524645 Sunnie D. Seghetti aka Sunnie Seghetti P.O. Box 2052 Jackson, WY 83001 -2052* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 16, 2012 and the date of the first publication of the notice of foreclosure sale was May 31, 2012. State of Wyoming County of Natrona This instrument was acknowledged before me on day of 2013 by Patricia Anne Michitsch as attorney of The Castle Law Group, LLC fka Castle Sta arski, L E: of notarial officer) NO'T'ARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Com mission Expires Jan 19, 2015 lxa are r COSPkg FURTHER AFFIANT SAYETH NAUGHT. B Patricia An M ichitsbh The Castle Law /Group, LLC fka Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 307 333 -5379 My commission expires: /J Title (and Ran 0022 Certificate of Sale Sunnie D. Seghetti aka Sunnie Seghetti 12 -03376 Page 5 of 7 curre 7, 20( t t nominee atidta; Note, to sar 200 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 1 i n t b P Y 81 t of p nci an�erest has oc s o f a P oinissory note (the,- `Note dated No ember de aver d by, Synnte D. Seghetti, alia Sunn e5eghetti Mo tg e ectronic Registration Systems ,Inc., as e o, e, -oaf, its uccessors d as e s ame date sec h e as a ecu d dehvered by said Mortgagor(s), Sra� �r tc �dt y ,F and c1t gage was recorded on Novgmber.1'0i eeepti No "9 9 in Book604 iat Page: 380 in the recbPds Ce of the;County C rk 5 and e C, e€$cio Register of Deeds n o�unty, State of f yoini ig; and the m ortgage wvas,assignoit fo value ma s fo s of l ew York Mpllop Trust Copany, llow National f (ew York T' tls't;Company,, N A_. as`successor ak :A as 'rustee` o a y 3 201 Assigi m ent recording "inform'ation at,Reception No. 953224 m Boo 746 at Page 599 Assignee `l1ie. Bank of New York Mellon Trust `Company, National Association FKA Th Bank. of N ew. ork;Tru t company N.A:. successor to JPMorgan Chase Bank N.A. for RAMP 2006 -RS4 ent dated May 2, 2012 et1t recorded 'l,ay 9, 2012 ieht;recording at Reception No. 964469 in Book 802 r the records of the County Clerk and ex- officio Register of Dec n and for Lincoln County, Wyoming WHEREAS, the Mortgage containsaa'power of sale which:;by reason of said ult t h rMortgag'ee „decl e t aye hecome o erative, ando 4 n stilt or defa pro nee d f iri liar been nstitute a t aw'to r co ver e debt secured b the Mortgage, on nti a art thereof, nor has any such` suit or proceeding been instituted a n c th sam d W HRREAS written notice of'intent foreclose the Mortgage b`y advertisement and +sale has;been served °,upon the record owner and s 4 Pte' m possessio Hof th m ort a rn s "at l ten (l0) days prior to the`ooiritiletice nent of ithis ,itlbhaation, and tine amount due upon the Mortgage.:on th edate of first p ublication''of this notice o sale being the t tai sum of $19Z;6, 15; 3 wh ich° sum nnaipal,balance f $6'.53, plus' interest accruedto th date�o t e first publicati of i s notice 187 68 in the' oupt�of $4� 928.82 "p1 a o eys fees, costs exp ea, and accruing interest and late charges after rile date of first publication of this notice lol Tale ;;C a. WHEREAS; e property beings foreclosed upon'may bens other liens -and ?encumbrances that will notrbe extinguished at Any pro'spective`purcha should r "esearch: the status:of title bcf inithng a bid, s J NOWT TBERDFORE Thp Bank of NewYork Mellon Trust Compan' National Association t FK tA; T Bank ofYNe Trust successors to, plliotgap Chase Bank N AILfii*at, .MP 2006 -RS4, as Mortgagee, will :have ,the Mortgage foreclo; ed4as by law providedi„ cau pr to.,be sold, atpubhc,,ven <,th Sh eri f or Deputy; Sherif in„,andior Lincoln County ,Wyoming to.tlielhighest bidder for cash at v10 00 o'clock, in thetforppeotpii;7une 26", 2012 at the ,frontxdooC of the Lincoln,.Co..ant Co at.925 Avenue Kemmerer, WY Lincoln ,County, for'application on e abov desanbed ampupts,secured by the,Mortgage, said mortgaged property bein described' as follows, to wit LOT 3.1 Q$ Tl Gl2ANDVIEW E1 TER P.RISES F 2N D ADDITION TO I TQW I OFAL 1 NELINCG CQUN�'PY,t rc COMING AS DE ED ON,I31. rINSTRUMENP 87640.8.000, RECc4 OF LINCOLN COUNTY Cl,EK s s o1637 t ye,,.4t WY, 831, 8 1 im provement tltol o9iasit a a ad s alt fr tares att PUBLISHER'S AFFIDAVIT EXHIBIT B 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 3 day of 'Y1 C( 20_L• and the last publication being on the 2 day of KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ,20 12 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) V Michael Jensen, isher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTYOF t' ME OF LWOIN f' 1NYOMING MY COMMISSION EXPIRES 515!1$ Subscribed in my presence and sworn to before me on this w 1 day of A.D., 20 12 ensen, Publisher. otary Signature Sunnie D. Seghetti aka Sunnie Seghetti 12 -03376 Page 6 of 7 00286 .00 2 3 State of Wyoming County of Natrona NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA mis:3ion Wires Jan 19, 2015 My commission expires: i/l? COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 5 -31 -12 Record AOM Conduct Sale Fee Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed FTP Update Total 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 of The Castle Law Group, LLC fka 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 fka Castle Stawiarski, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $2,085.80 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 fka 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 AFFIANT SA I ETH NAUGHT. -4- :e_ ire /Th Castle L w Group, LC fka Castle S) wiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 307 333 -5379 This instrument was acknowledged before me on the 16 day of April, 2013 by Patricia Anne Michitsch as attorney of The Castle Law Group, LLC fka Castle Stawiarski, LLC. 1 (Si, e of notai Title (and Ran 600.00 745.00 46.00 554.80 8.00 50.00 26.00 11.00 10.00 10.00 25.00 $2,085.80 Certificate of Sale Sunnie D. Seghetti aka Sunnie Seghetti 12 -03376 Page 7 of 7 OO24