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HomeMy WebLinkAbout971810187147 STATE OF WYOMING COUNTY OF LINCOLN COSPkg.doc 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 6, 2007, executed and delivered by Kenneth V Welchman and Traci L Welchman to Mortgage Electronic Registration Systems, Inc., as nominee for 1st Bank, its successors and assigns and (b) that certain mortgage dated December 6, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 11, 2007, at Reception No. 935509 in Book 680 at Page 875 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 2 OF WELCHMAN FAMILY ESTATES, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED JULY 7, 2004 AS INSTRUMENT NUMER 900837 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 104 Big Ridge Meadows Dr, Fairview, WY 83119 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Nationstar Mortgage LLC Assignment dated: May 3, 2013 Assignment recorded: May 16, 2013 Assignment recording information: at Reception No. 635 All in the records of the County Clerk and ex- officio Lincoln County, Wyoming. 971020 in Book 811 at Page Register of Deeds in and for 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, Nationstar Mortgage LLC "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 RECEIVED 7/2/2013 at 10:15 AM RECEIVING 971810 BOOK: 814 PAGE: 851 JEANNE WAGNER LINCOLN COUNTY C' KEMMERER, WY Certificate of Sale Welchman 13 -02649 Page 1 of 7 00851 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the June 6, 2013 issue of said newspaper and ending with the June 27, 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 July 2, 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 $206,667.00 "Bid Surn which was bid and offered by Nationstar Mortgage LLC "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 $2,343.76 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.doc Certificate of Sale Welchman 13 -02649 Page 2 of 7 00852 00853 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 July 2, 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 Ina day of July 2013. STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was ubscribed in my presence and acknowledged before me by Deputy Sheriff of Lincoln County., State of Wyoming, this 2nd day of July 2013. My Commission Expires: COSPkg.doc ACKNOWLEDGMENT SS Witness my hand and official seal. Notary Public WHITNEY HYSELL NOTARY PUBLIC County of State of L incoln Wyoming My Commission Expires M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Title: Deputy Sheriff Certificate of Sale Welchman 13 -02649 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, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated December 6, 2007 (the "Mortgage and recorded on December 11, 2007, at Reception No. 935509 in Book 680 at Page 875 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 Kenneth V Welchman and Traci L Welchman "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for 1st Bank, its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Nationstar Mortgage LLC Assignment dated: May 3, 2013 Assignment recorded: May 16, 2013 Assignment recording information: at Reception No. 971020 in Book 811 at Page 635 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: 71969009843000710635 CERTIFIED MAIL NO. FSN: 7196900984300071 1571 Nationstar Mortgage LLC 350 Highland Dr. Lewisville, TX 75067* CERTIFIED MAIL NO. NOI: 71969009843000710642 CERTIFIED MAIL NO. FSN: 71969009843000711588 CURRENT RESIDENT 104 Big Ridge Meadows Dr Fairview, WY 83119* CERTIFIED MAIL NO. NO1: 71969009843000710659 CERTIFIED MAIL NO. FSN: 71969009843000711595 Kenneth V Welchman 104 Big Ridge Meadows Dr Fairview, WY 83119* COSPkg.doc Certificate of Sale Welchman 13 -02649 Page 4 of 7 008 54 CERTIFIED MAIL NO. NOI: 71969009843000710666 CERTIFIED MAIL NO. FSN: 71969009843000711601 Kenneth V Welchman PO Box 222 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000710673 CERTIFIED MAIL NO FSN: 71969009843000711618 Kenneth V Welchman 104 Big Ridge Dr Fairview, WY 83119 CERTIFIED MAIL NO. NOI: 71969009843000710680 CERTIFIED MAIL NO. FSN: 71969009843000711625 Traci L Welchman 104 Big Ridge Meadows Dr Fairview, WY 83119* CERTIFIED MAIL NO. NO1: 71969009843000710697 CERTIFIED MAIL NO. FSN: 71969009843000711632 Traci L Welchman PO Box 222 Afton, WY 83110 CERTIFIED MAIL NO. NOT: 71969009843000710703 CERTIFIED MAIL NO. FSN: 71969009843000711649 Traci L Welchman 104 Big Ridge Dr Fariview, WY 83119 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 23, 2013 and the date of the first publication of the notice of foreclosure sale was June 6, 2013. State of Wyoming County of Natrona day of The Castle Law G COSPkg.doc FURTHER AFFIANT SAYETH NAUGHT. is instrument was acknowledged before me on 2013 by Patricia Anne Michitsch as attorney of p, LLC. NO !Aar PiJ t.,c KELLEY L DRELICHAR.Z STA) E OF WYOMING Fxpires Jan 19, 2015 My commission expires: /l`I A t 7 /S -8y: 'Patricia A e Michits h The Castle L r Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and Ra 00855 Certificate of Sale Welchman 13 -02649 Page 5 of 7 WY KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazelle Kemmerer, Wyoming aul the Mortga declares t� have become` operative ceeding has been instituted at law t o recover the de g ppar ere CI1 e n w a 0 prtncipai Cana intent nas u id' he tet Qf a f ortgag90%, m sort' note "Note„ real ea e lyl d December,6 ind delivered, by Kenneth V Welchman and Traci L Welchnan ;o (s)" to Mort 1 it nic'Registration Systems, orllst�` itsn�suuc s�c�sand a ssigns as secu�,ry fox e date, was,r oil December 1 t r/, on;N 9 35509 in B 680 at Pa 8 75�in th `record ttie and.e� officio Register of Deeds in nd,for 'yoming;'and.. ige was assigned for value as follow o gage L e" SCI Ftsei cdu po ere emortgagedpremises at 'eastten,(. r e ent- of this publication, and the amount due upon the I e ate publication of this notice of sale.being the 7 22,168.38 'which consists of the unpaid principal bal $.37 plus interest accrued to the date of the first publication floe °in the; amount of $6,602.85, plus other costs in the amount 6, plus attorneys' fees, costs expended, and accruing interest es after the date of first publicatton'of this notice of s The ro p erty being e1os upon maybe s b e brances',that 1 �t e e tt guishe _,iliat, e haaer, s touli FORE Nationstar Mortgage LLC, as the Mortgag the Mortgage foreclosed as by law provided' by causing h e 'property to b'e sold at public venue by the Sheriff 01 '0014 arid for. Lincoln County, Wyoming to the highest bidder for 0.o'c1ock in the forenoon on July 2, 2013 at the frontt door of County /Courthouse °located at 925 Sage Avenue, Kemmerer, coln County, for application on the above described amounts e ortg said mortgaged property being 'desbribe as 837 0 'CLR1" ss 4 Big Ridge Meadows Dr, Fai view, WY 834119, r with all improvements thereon situate and all fixtures' and fiances thereto. Nationstar Mortgage LLC By: The Castle Law Group, LLC 330 S. Walsh Drive, Stns, 02 Casper,, WY 82609 Eta x,00 tt COSPkg.doc EXHIBIT B PUBLISHER'S AFFIDAVIT d 06 period of the first pj day of and the last day of by "Mich Michael )ease KEMMERER, WYOMING A.D., 20 73 eris�, Publisher. Cary SIgnatu STATE OF WYOMING )ss, COUNTY OF LINCOLN 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 sald newspaper for the full consecutive Issues /weeks; !cation being on the ,20 /3, licatfon being on the 20 /3 and that said .vertisement appeared In each and every number of said newspaper during the period of publication as above stated. (Signed) Publ ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF UNCOLN WYOMING MY COMMISSION EXPIRES e her Subscribed In my presence and sworn to 77 before me on this 7 day of Certificate of Sale Welchman 13 -02649 Page 6 of 7 00856 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 $2,343.76 as compensation for services actually rendered in the foreclosure proceeding. Total $2,343.76 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 State of Wyoming County of Natrona 2 day of The Castle Law COSPkg.doc Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM PUB COST FSN 6 -6 -13 Conduct Sale Record Cert. of Sale Record Assign of Cert. of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed his instrument was acknowledged before me on 2013 by Patricia Anne Michitsch as attorney of p, LLC. ..af[1l,ltc KELLEY L DRELICHARZ S rATE OF WYOMING COUNTY OF NATRONA My Cornmiaion Ex aims Jan 19 2015 aaa xer, My commission expires: EXHIBIT C AFFIDAVIT OF ATTORNEY SS T SAYTH NAUGHT. i By: Patricia,Anne Michifsch The CastleLaw Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and R- k) 850.00 802.00 97.76 8.00 456.00 50.00 30.00 15.00 15.00 10.00 10.00 ignatur- of nota�ial •ffi er Certificate of Sale Welchman 13 -02649 Page 7 of 7 00857