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