Loading...
HomeMy WebLinkAbout972973)6953 !Nance Title scrow P.O. Box 1367 (ernmarer WY 83101 STATE OF WYOMING COUNTY OF LINCOLN COSPkg.doc CERTIFICATE OF SALE 0115 SS 14. 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 22, 2003, executed and delivered by Stephen W. Knoll and Ginny S. Knoll to Mortgage Electronic Registration Systems, Inc., as nominee for America's Wholesale Lender its successors and assigns and (b) that certain mortgage dated December 22, 2003 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 31, 2003, at Reception No. 896342 in Book 545 at Page 170 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: NW1 /4SE1/4 OF SECTION 3, T22N, R116W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING, EXCEPTING THEREFROM THE LAND DESCRIBED IN WARRANTY DEED RECORDED APRIL 22, 1993 IN BOOK 327PR ON PAGE 516 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 1562 Lupine Lane, 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: November 29, 2011 Assignment recorded: December 8, 2011 Assignment recording information: at Reception No. 962265 in Book 777 at Page 628 Assignee: Green Tree Servicing LLC Assignment dated: May 15, 2013 Assignment recorded: July 12, 2013 Assignment recording information: at Reception No. 971960 in Book 815 at Page 439 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, Green Tree Servicing LLC "Mortgagee elected to foreclose the same and at the request and direction of RECEIVED 8/29/201 at 12:27 PM RECEIVING 972973 BOOK:819 PAGE:115 JEANNE WAGNER LINCOLN COUNTY CLE .MMERER, WY Certificate of Sale Knoll 11- 16852R Page 1 of 7 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 August 1, 2013 issue of said newspaper and ending with the August 22, 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 August 27, 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 $102,290.98 "Bid Sum which was bid and offered by Green Tree Servicing 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 $3,475.20 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 Remainder of page intentionally left blank Certificate of Sale Knoll 11- 16852R Page 2 of 7 0116 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 August 27, 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 27th day of August 2013. M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg.doc By: A!4:7ZKAL- Prin John P. Stetzenbach Title: Deputy Sheriff ACKNOWLEDGMENT SS 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 27th day of August 2013. Witness my hand and official seal. A L III Nota Public Certificate of Sale Knoll 11- 16852R Page 3 of 7 0117 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 0118 STATE OF WYOMING SS COUNTY OF NATRONA Lucky McMahon 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 22, 2003 (the "Mortgage and recorded on December 31, 2003, at Reception No. 896342 in Book 545 at Page 170 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 Stephen W. Knoll and Ginny S. Knoll "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for America's Wholesale Lender 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: November 29, 2011 Assignment recorded: December 8, 2011 Assignment recording information: at Reception No. 962265 in Book 777 at Page 628 Assignee: Green Tree Servicing LLC Assignment dated: May 15, 2013 Assignment recorded: July 12, 2013 Assignment recording information: at Reception No. 971960 in Book 815 at Page 439 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:71969009843000729187 CERTIFIED MAIL NO. FSN: 71969009843000731319 Green Tree Servicing LLC 7360 Kyrene Road Tempe, AZ 85283* CERTIFIED MAIL NO. NOI:7196900984300072919 CERTIFIED MAIL NO. FSN: 71969009843000731326 CURRENT RESIDENT 1562 Lupine Lane COSPkg.doc Certificate of Sale Knoll 11- 16852R Page 4 of 7 Kemmerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000729217 CERTIFIED MAIL NO. FSN: 71969009843000731333 Stephen W. Knoll 1562 Lupine Lane Kemmerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000729255 CERTIFIED MAIL NO. FSN: 71969009843000731340 Stephen W. Knoll PO Box 223 Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 71969009843000729231 CERTIFIED MAIL NO. FSN: 71969009843000731357 Stephen W. Knoll 1558 Lupine Land Kermnerer, WY 83101 CERTIFIED MAIL NO. NOI: 71969009843000729248 CERTIFIED MAIL NO. FSN: 71969009843000731364 Ginny S. Knoll 1562 Lupine Lane Kermnerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000729613 CERTIFIED MAIL NO. FSN: 71969009843000731371 Ginny S. Knoll PO Box 223 Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 71969009843000729620 CERTIFIED MAIL NO. FSN: 71969009843000731388 Ginny S. Knoll 1558 Lupine Land Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 71969009843000729637 CERTIFIED MAIL NO. FSN: 71969009843000731395 1st Bank 716 Pine Avenue Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 71969009843000729644 CERTIFIED MAIL NO. FSN: 71969009843000731401 1st Bank c/o Timothy Woznick Dray, Dyekrnan, Reed Healey, P.C. 204 East 22nd Street Cheyenne, WY 82001 -3799 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 18, 2013 and the date of the first publication of the notice of foreclosure sale was August 1, 2013. State of Wyoming County of Natrona ay of Castle Law Group, My commission expires: COSPkg.doc FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 2013 by Lu y M ads attorney of The By: Lucky Mc hon The Castle Law Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and Ra 0119 Certificate of Sale Knoll 11- 16852R Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming entfidated M ent recorded:; July entreoording informatiomat s „of the "County Cler County, Wyoming 7; �t a” Mortgage contains a power of sale which "by r e,?son b declares `tohauebecome;operative; flue �s instituted "'at lam to` the debt +sect QBd thereof not has any st}ch suitor proceeding discontinued `amp and dtice of intent to foreclose'the Mort gage,by a be ser u +`the record' owner ie m g'a`ged�p least ten (10 a u licati on; and th amount r e ofAft st y ®at#,on of;this notice o sale b beii On�ists d the u npaid pri�'ici t0d to titt the firstpubhc 16, plu &:other costs in`the;aii os`ts expended an accruing intE 'st;ptublicat of this notice of's. g fo closed upon may be ruble otbe; e xtinguished #at "the' arch the status of "title bf vicing LLC as the' Mortgt yyta provided bi. causiit the.Sheriff or o g to the highe�st,bic der „fo Mortgage foreclosed as opertY to be 9,1:1i46,0131 Coun Wy ick in th e forenoon o Au so ty Courthouse loca Yorapphcatio age, said mort 'it SECTION ,T WYOMING, EX t,IN WARRANTY:1 PR ON. TAPE 516 CLERK:,' X1562uine Lane, Keimme improvements thereon sitttat eception No. 96226 -ex -o cio Regi ster'0 r FsTHE 6TH P nTHE 2EFROM THE CO D APRIL 22, lktP S'O st W411 COSPkg.doc EXHIBIT B PUBLISHER'S AFFIDAVIT I, Mark Tesoro, 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 4 consecutive issues /weeks; the first publication being on the l day of day of and the last publi and that said adve otary Signatu KEMMERER, WYOMING Mark Tesoro, Publisher 0120 STATE OF WYOMING )ss. COUNTY OF LINCOLN ,20 13 ion being on the ).z ,20 ment appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF t STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me o this 22 day of /'!'0. A.D., 20/3 by Mark Teso 6publisher 1 /Gil Certificate of Sale Knoll 11- 16852R Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS Lucky McMahon, 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 $3,475.20 as compensation for services actually rendered in the foreclosure proceeding. COSPkg.doc Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 8 -1 -13 Title Update Conduct Sale Record Cert. of Sale Record Assn of Cert. of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Previous Invoice Record AOM Total $3,475.20 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 AFFIANT SAYET NAUGHT. State of Wyoming County of Natrona My commission expires: By: Lucky Mc ahon The Castle Law Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of 2013 by Luc y McMahon as attorney of The Castle Law Group, Title (and Ra 1,000,00 516.00 122.20 532.00 25.00 50.00 30.00 15.00 15.00 10.00 10.00 1,146.00 4.00 Certificate of Sale Knoll 11- 16852R Page 7 of 7 0