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HomeMy WebLinkAbout973513CERTIFICATE OF SHERIFF'S SALE 0502 The undersigned, by virtue of a foreclosure by advertisement and sale, as previously published in favor of Mortgage Electronic Registration Systems, Inc. "MERS as nominee for Lender and Lender's successors and assigns, Quicken Loans, Inc., as mortgagee and under authority of that document recorded February 1, 2008 as Instrument No. 936674, Book 685, Page 510, as recorded in the Office of the County Clerk, Lincoln County, Wyoming and Wyo. Stat. §34 -4 -102; then assigned to Green Tree Servicing LLC under authority of that document recorded July 1, 2013 as Instrument No. 936674, Book 814, Page 722, as recorded in the Office of the County Clerk, Lincoln County, Wyoming. I, Shane Johnson, the Sheriff of Lincoln County, Wyoming, or his assignee, was directed to sell the property described below, according to law, and to apply the proceeds of the sale to satisfy the debt of $79,602.07 which includes the unpaid principal and accrued but unpaid interest which continues to accrue at the rate of $13.67 per day together with costs of $1,624.68 for a total of $81,226.75. I certify that on October 1, 2013, I sold to the highest bidder at public auction conducted by me at the Lincoln County Courthouse, Kemmerer, Wyoming, according to law and after due notice as published in the local paper, a paper of general circulation in the County, all of the following real property: Part of Lot 7 of Block 1 to the Town of Kemmerer, Lincoln County, Wyoming being more particularly described as follows: Beginning at the Northeast Corner of said Lot 7 and running thence southerly along the easterly boundary line of said Lot 7, a distance of 37 feet; thence westerly parallel with the northerly and southerly boundary lines of said Lot, a distance of 89 feet; thence northerly parallel with the easterly boundary line of said Lot 37 feet; thence easterly along the northerly boundary line of said lot, a distance of 88 feet to the point of beginning. with an address of 923 Cedar Street, Kemmerer, WY 83101. The sale was conducted according to notice; the highest bidder was Green Tree Servicing LLC for the amount of $81,226.75. The sale is subject to redemption within four months, dependent on status as specified in W.S. §1 -18 -103. I have executed this Certificate on this 1 day of October, 2013. STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged before me b this day of October, 2013. My commission expires: She D:.uty Sheri SS AAAlli Notary WHITNEY HYSELL NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires aI v 6 7 GG� Lincoln County, Wyoming RECEIVED 10/1/2013 at 10:12 AM RECEIVING 973513 BOOK: 821 PAGE: 502 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER. WY I, Bruce S. Asay, being first duly sworn to depose arid state as follows: 1. I am an attorney duly licensed in the state of Wyoming to practice law and am familiar with the prerequisites to foreclosure as contained in W.S. 34 -4 -101 et seq and specifically in W.S. 34 -4 -103 and that the prerequisites have been accomplished in regard to the foreclosure sale of Larry D. Gieck and Kathy E. Gieck, as published in the County of Lincoln in the Kemmerer Gazette as required by the referenced statute. Further, an Affidavit of Publication is attached to this affidavit. In addition, a written Notice of Intent to Foreclose the Mortgage was served upon Larry D. Geick and Kathy E. Gieck, the record owner and person in possession if different, pursuant to statute, specifically W.S. 34 -4 -103 at least ten days prior to publication as evidenced by a copy of the Notice as contained in the attachment. 2. As the prerequisites up to foreclosure have been accomplished as contained in W.S. 34 -4 -103, and that Notice of said foreclosure sale has been mailed to specific parties, including the record owner and person in possession if different and subordinate lienholders of record (if any), then published appropriately in a newspaper in Lincoln County, Wyoming consistent with the requirements of W.S. 34 -4 -104, said foreclosure sale is appropriate. 3. As an attorney licensed to practice law in the state of Wyoming, I would provide this Affidavit consistent with W.S. 34 -4 -112 and request costs and expenses associated with the sale: including the costs of advertisement ($364.80); record report ($413.00); Sheriff's fee ($10.00); Agent Fee ($75.00); photocopies, recording and postage ($126.68); and attorney's fee ($1,000.00) as authorized by mortgagee. 4. Further the affiant would state that there has been and is no agreement, express or implied, between the undersigned and his client, nor between him and any other person except a practicing attorney in this state engaged with him as an attorney in the foreclosure proceeding, for any sharing or division of fees so to be allowed or added to the debt involved, and said fee when so allowed or added to the debt shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in this state and residing therein. FURTHER the affiant sayeth naught. AFFIDAVIT OF COUNSEL Dated this 2 5 day of September, 2013. Bruce Asay Associated Leval Group LLC 1807 Capitol Avenue, Ste 203 Cheyenne, WY 82001 307 632 -2888 STATE OF WYOMING COUNTY OF LARAMIE ss. Subscribed, sworn to and acknowledged before more, a Notary Public, by Bruce S. Asay, this 0)5 day of September, 2013. My Commission Expires: 211540(6" 05 04 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming tunent QRECLO SALE, ie�payment o princip and interest`has; apromissory not date January 17, rly;D. Gieck and Kathy E. Check, to Quicken ge ortgage Electronic Registration ".Sy'stems,'" 'of the same 'date securing the Note, wliich ebruary 1, 2008 as `Instrument, No. 936674 'assigned to Green,, Tree, Servicing LLC as dent No. 971774 in Book 814, Page.72 ce ^�of the county. clerk, of r county, Mortgag Lincoin2'in are=described.in the e are as'foli th Town' of Kemmerer, Lincoln' Co ly described as follows: Beginn at the; art w andrunning thence southerly along ;tlie fksai trot 7, a dis tance of 37 feet t westerly eiiiortherly and southerly, boundary lines of'sad, eet, 'thence northerly ,parallel with .,the; easterly boundary eet,;,,, ence easterly along the northerly boundary line, ce of feet�t� „the point of beginning, eet, Kemmerer, Wyoming 83101. sig nee, has served a written Notice geeby A dvertisement and Sale ,pursuant Gesecord'owner ,or party in possession '10) days :prior,to the first• publication;:; onr the date of the 'first publication, is th'e unpaid principal and accrued but unpaid o'accrue on the unpaid balance at the rate of oreclosed upon may be subject to other liens and re ttinguished at the sale and any prosgec B ch the status of title before! submitting a day of and the last pu day of KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 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 `7 consecutive issues /weeks; the first publicaatjon being on the 2.- ,207 on being on the —t--_ 20 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) by Mark Tesoro, otary Signet Mark Tesoro, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF i STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5I5ltG Subscribed in my presence and sworn to before me •n this day of P blisher .D,, 20 7/ e 0505 NOTICE OF FORECLOSURE SALE 0506 WHEREAS, default in the payment of principal and interest has occurred under the terms of a promissory note dated January 17, 2008 executed and delivered by Larry D. Gieck and Kathy E. Gieck, to Quicken Loans, Inc. and its nominee, Mortgage Electronic Registration Systems, Inc. and a real estate mortgage of the same date securing the Note, which Mortgage was recorded February 1, 2008 as Instrument No. 936674 in Book 685, Page 510 and assigned to Green Tree Servicing LLC as recorded July 1, 2013, Instrument No. 971774 in Book 814, Page 722 in the public records in the office of the county clerk of Lincoln County, Wyoming The premises that are described in the Mortgage are as follows: Part of Lot 7 of Block 1 to the Town of Kemmerer, Lincoln County, Wyoming being more particularly described as follows: Beginning at the Northeast Corner of said Lot 7 and running thence southerly along the easterly boundary line of said Lot 7, a distance of 37 feet; thence westerly parallel with the northerly and southerly boundary lines of said Lot, a distance of 89 feet; thence northerly parallel with the easterly boundary line of said Lot 37 feet; thence easterly along the northerly boundary line of said lot, a distance of 88 feet to the point of beginning, with an address of 923 Cedar Street, Kemmerer, Wyoming 83101. Green Tree Servicing LLC, as assignee, has served a written Notice of Intent to Foreclose the Mortgage by Advertisement and Sale pursuant to the terms of the Mortgage to the record owner or party in possession in accordance with the statute ten (10) days prior to the first publication of the sale. The amount due and owing on the date of the first publication is $77,675.19 which includes the unpaid principal and accrued but unpaid interest. Interest continues to accrue on the unpaid balance at the rate of 13.67 per day. The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective purchaser should research the status of title before submitting a bid. NOTICE IS HEREBY GIVEN, pursuant to W.S. 34 -3 -101 et seq., (1977 Republished Edition) that the above described property will be at public venue sold by the Sheriff of Lincoln County, to the highest bidder at the hour of 10:00 o'clock A.M. on the 1 day of October, 2013, on the courthouse steps of Lincoln County. DATED this 20 day of August, 2013. BY: Bruce S. Asay Associated Legal Group, LLC 1807 Capitol Ave Suite 203 Cheyenne, WY 82001 (307) 632 -2888 Attorney for Green Tree Servicing LLC Publish dates: August 29, 2013; September 5, 2013; September 12, 2013; September 19, 2013. For delivery information visit our website at www.usps.com® U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees Sent To r Kelly ..Gi eck. Street, Apt. o.; or PO Box No. firte__.P►_venue City, State, ZIP +4 r `t' 2 310 1 PS Form 3800, August 2006 See Reverse for Instructions Z 0 O D I'U ..0 Er Er D D D m cr iv .11 D C7 D D D D D m r1 D U J J U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come 3.10 VIM 11111111Th. MEM 4 tm Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees Sent To p t a t r r I S n b y G i e c k o r Octo p a n or PO BoxNo.q 3 „91r re& rnrvterer lA i 33101 City, State, ZIP 4 PS` Form 3800, gust 2006 See Reverse for Instructions m RJ CT' 0 l7 D D D D .-n D m r1 D 05 tt S:. 7 a tf� Or ,rvt. 45.p Yw, L';r +ct NOTICE OF INTENTION TO FORECLOSE MORTGAGE BY ADVERTISEMENT AND SALE TO: LARRY D. GIECK KATHY E. GIECK Mailing Address: 923 Cedar Street 1115 Pine Avenue Kemmerer, WY 83101 Kemmerer, WY 83101 Default in a condition of the hereinafter described mortgage having occurred by reason of which the power of sale therein has become operative, and pursuant to Wyoming Statutes 34- 4- 103(a) (iv), you are hereby notified that after ten days from date hereof, Green Tree Servicing LLC., intends to commence publication in the Kemmerer Gazette newspaper, at Kemmerer, Wyoming, of the notice of sale, to wit: Real Estate Mortgage executed by Larry D. Gieck and Kathy E. Geick, as mortgagors, in favor of Mortgage Electronic Registration Systems, Inc. "MERS as mortgagee, recorded February 1, 2008 as Instrument No. 936674 in Book 685, Page 510 and assigned to Green Tree Servicing LLC as recorded on July 1, 2013, Instrument No. 971774, in Book 814, Page 722 in the public records in the office of the county clerk of Lincoln County, Wyoming given to secure payment of the original principal sum of $81,200.00 and mortgaging all of the property located at 923 Cedar Street, Kemmerer, Wyoming, 83101, more particularly described as: Part of Lot 7 of Block 1 to the Town of Kemmerer, Lincoln County, Wyoming being more particularly described as follows: Beginning at the Northeast Corner of said Lot 7 and running thence southerly along the easterly boundary line of said Lot 7, a distance of 37 feet; thence westerly parallel with the northerly and southerly boundary lines of said Lot, a distance of 89 feet; thence northerly parallel with the easterly boundary line of said Lot 37 feet; thence easterly along the northerly boundary line of said lot, a distance of 88 feet to the point of beginning. DATED this day of July, 2013. GREEN T SERVICING LLC By: /Br ce S. ay C sociate Legal Group, LLC 1807 Cap tol Ave Suite 203 Cheyenne, WY 82001 (307) 632 -2888 Attorney for Green Tree Servicing LLC 0508 Ir I-9 .n IT Ir D D D D m rq D 0 3 m C am CD m 0 N CO U.S. Postal Service. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® -'J D W IT D D 0 0 0 W ur -0 N Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees Sent To _Mim i)... �y K/� p/yL _L:1 -'1- y-- b P ine In or PO Box No. 1 one flyen City, State, ZIP 1 t 1_- PS Form 3800, August 2006 rn ere r Ol O D o 'o n O 2)x«7 7 0 O (D 0 O rn o 0 0wa, CO 0 (D O (0 c a m m NN a 3 A- y N� co Oawri> 3. O (0 0 m S (n. 0 a O Ql p O paF 12 N N D rU 1 ..0 0 0 D 0 0 D 0 0 m rR 0 U.S. Postal Servicemi CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees PS Form 3800, August 2006 a' j e tr. r) 1 0' 1 S g31ii4fJ c 4 1■•■••■• 11111■1• 0 J J Postage Certified Fee ru co 0^ 1= 0 0 0 0 D 0 m ra 0 r` e^f 6_(1 t' yy 6 Q w g w fY C CV to 0 Lt 0 ESA ID i.- _a WH D AT) to r3. 1- 0 3( 05 rrr t7r ut 4) (1f 00 (F{ Ett rI 4) 4) File No.: 62268387 Borrower: LARRY D GIECK Property Address: 923 CEDAR ST KEMMERER, WY 83101 CERTIFICATION PRIOR TO FORECLOSURE SALE Green Tree Servicing LLC* "Green Tree certifies under the requirements set forth in the Home Affordable Modification Program that at least one of the below- referenced circumstances exists. In addition, all other available loss mitigation alternatives have been exhausted at this time and a non foreclosure outcome could not be reached. The borrower and /or account was evaluated for HAMP and was determined to be ineligible for the program. The borrower was offered a Trial Period Plan, but failed to make current trial period payments as set forth in Section 8.3. Green Tree has established Right Party Contact, has sent at least two written requests asking the borrower to supply required information in accordance with Section 2.2.2, and has otherwise satisfied the Reasonable Effort solicitation standard, and the borrower failed to respond by the dates indicated in those requests. Green Tree has satisfied the Reasonable Effort solicitation standard without establishing Right Party Contact. The borrower or co- borrower states he or she is not interested in pursuing a HAMP modification and such statement is reflected by Green Tree in the servicing system and /or mortgage file. X Green Tree performed a pre referral foreclosure review at least 7 days prior to the date of the foreclosure referral and completed an account review both at 30 days before the sale and at least 7 days but no greater than 15 prior to the foreclosure sale date. An established resolution is not pending with Green Tree and all requirements under SVC- 2011 -08R were met. (Required for Fannie Mae) This also certifies the Single Point of Contact (SPOC) has been consulted and stated in the system of record, to the best of the SPOC's knowledge, that all available loss mitigation alternatives have been exhausted at this time and a non- foreclosure outcome could not be reached. Green Tree Servicing LLC Michele Richmond Rapid City, SD September 17, 2013 Foreclosure Sale Certification Form, 10/06/2011 APP -610 05 10 Green Tree Servicing LLC and related entities, including, for certain loans, in Alabama, Green Tree -AL LLC; in Minnesota, Green Tree Loan Company; and in Pennsylvania, Green Tree Consumer Discount Company.