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HomeMy WebLinkAbout973631196717 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 November 2, 2006, executed and delivered by Karen R Mills to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean Whitaker Mortgage Corp., its successors and assigns and (b) that certain mortgage dated November 2, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 6, 2006, at Reception No. 924082 in Book 639 at Page 313 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 1 OF THE BLUE LAKE ESTATES SUBDIVISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT RECORDED NOVEMBER 13, 1991 AS INSTRUMENT NO. 740865 IN THE OFFICE OF THE COUNTY CLERK with an address of 574 Blue Lake Circle, Alpine, WY 83128 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: August 12, 2013 Assignment recorded: August 26, 2013 Assignment recording information: at Reception No. 972875 in Book 818 at Page 668 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, 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 having general circulation in Lincoln County, State of Wyoming, once a week for RECEIVED 10/8/2013 at 10:19 AM RECEIVING 973631 BOOK: 822 PAGE: 157 JEANNE WAGNER LINCOLN COUNTY CLEF AMERER, WY Certificate of Sale Mills 13 -04476 Page 1 of 7 01-57 four (4) consecutive weeks, commencing with the September 12, 2013 issue of said newspaper and ending with the October 3, 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 October 8, 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 $105,000.00 "Bid Sum 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 $2,320.74 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 Fern inder of p g intentionally left blank Certificate of Sale Mills 13 -04476 Page 2 of 7 0158 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 October 8, 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 8th day of October 2013. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg.doc of Wyoming By: 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 8th day of October 2013. Witness my hand and official seal. Notary Public WHITNEY HYSELL NOTARY PUBLIC County of Lincoln State of Y om_ Wyomi My Commission Expires 1 M. Shane Johnson Sheriff in and for Lincoln County, State Print 1 "e: John P. Stetzenbach Title: Deputy Sheriff Certificate of Sale Mills 13 -04476 Page 3 of 7 0159 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 November 2, 2006 (the "Mortgage and recorded on November 6, 2006, at Reception No. 924082 in Book 639 at Page 313 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 Karen R Mills "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean Whitaker Mortgage Corp., its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Nationstar Mortgage LLC Assignment dated: August 12, 2013 Assignment recorded: August 26, 2013 Assignment recording information: at Reception No. 972875 in Book 818 at Page 668 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. N01: 71969009843000746061 CERTIFIED MAIL NO. FSN: 71969009843000747556 Nationstar Mortgage LLC 425 Phillips Blvd, FC -236 Ewing, NJ 08618* CERTIFIED MAIL NO. N01: 71969009843000746078 CERTIFIED MAIL NO. FSN: 71969009843000747563 CURRENT RESIDENT 574 Blue Lake Circle Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000746085 CERTIFIED MAIL NO. FSN: 71969009843000747570 Karen R Mills 574 Blue Lake Circle Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000746092 COSPkg.doc EXHIBIT A SS Certificate of Sale Mills 13 -04476 Page 4 of 7 0160 CERTIFIED MAIL NO. FSN: 71969009843000747587 Karen R Mills PO Box 3982 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000746108 CERTIFIED MAIL NO. FSN: 71969009843000747594 Karen R Mills PO Box 6862 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 70120470000063429038 CERTIFIED MAIL NO. FSN:70123460000236880745 Mortgage Electronic Registration Systems, Inc.(MERS), solely as nominee for Taylor, Bean Whitaker Mortgage Corp. P. 0. Box 2026 Flint, MI 48501 -2026 CERTIFIED MAIL NO. N01: 71969009843000746115 CERTIFIED MAIL NO. FSN: 71969009843000747600 Taylor, Bean Whitaker Mortgage Corp. 1417 North Magnolia Avenue Oscala, FL 34475 3. That the date of mailing of the notice of intent to foreclose the Mortgage was August 30, 2013 and the date of the first publication of the notice of foreclosure sale was September 12, 2013. State of Wyoming County of Natrona My commission expires: C/. /97) 5 Lucky Mc ahon The Castle Law Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 FURTHER AFFIANT SAYETH NAUGHT. rd This instrument was acknowledged before me on day of a/' 2013 by Lucky McMahon as attorney of The Castle Law Group, LLC. COSPkg.doc Title (and Rank) Li WAR H S, BORCHARDT STATE OF WYOMING COUNTY OF NATRONA My Commission Expires Sep 4, 2016 Certificate of Sale Mills 13 -04476 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming O SAL E NOT TCE r e payrrte t of principal and mt }e�trpto a promissory note, (`Note',,) and r ort r ,kfhe M ortgage dated November 2, 20(;'6 was R Milla Mortgagor(s) to Mortgage Re" "fir "s1 �tro s ems, Ine as nominee for Taylor, o w e�r�'orp., its`successgrs and assigns, as securitybfox the e arne4date, and-said Mortgage was recorded on November 6, ecep No 924082 in Book, 639 at Page 313 in the records c o 't he,County Clerk niid ex Register of Deeds`iin an d a S,,ate of Wyoming;; and e mortg was .;assigned�for value as fo eye i stionstaf Mortgage LLC nrne"nt dated: August 12, 2013 nrttent recorded ,August 26, eat recordmginformation 2,013 at Reception No 972875 in Book ►ge 6 68 th e records of county Clerk an d ex- officio Register of Deeds, r L incoln County „'Wyoming f2E,AS, the. M ortgage contains a power of sale which byreason fault, the M ortgagee declares to have become operative and no b en instituted at law 49 recover the debt secured ny girt thereof iior °has any Such shut or proceeding r e same discontinued; and ;n.. notice.of intent to foreclose .the Mortgage by ad- sate rags been served upon the record owner and the party ttte mortgaged premises at least; ten (10)'days prior of th s publication and'the amount due upon th st publication of this notice of sale beuig the totalhs 52 23;which "sum consists of the 'unpa .d 32 8 plus interest accr to the date of the first pli ce in th oi} u 4 718 58 plu l othe r costs f r sts ex en ed, 0,8 p ps �atto nt' e, T e�charges after �the e dat e7o ^first apublic ation this 'he property being foreclosed upon may he sub e t to encu> trances that will not be extinguished at,t ive purchaser should research the status of title 1lefbre a d, RE OR.E Nationstar Mortgage; LLC,, as the Mortgagee, foreclosed as by law provide "d ,by causing the e sold at public venue by the Sheriff or `Deputy County, Wyoming to the highest dder';fo dash irenoon obi October t8,`' 2013 =at bidder front o„y located at 925 age Avenue, >r Sapplication on the, above desc bed, a aunts said mortgaged property. being das ribed as LA KE ESTATES SUBDIVISION, LINCOLN �CC TO THAT PLAT 'RE CORD D i,INSTIUMENT NO 740865 IN THE OFFIE e Alpine ments; thereon situate, 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 the first publication being on the /2 e6111, 20 /3 day of and the last p lica ion being on the 3 rlilr7J 20 /3 day of KEMMERER, WYOMING Mark Tesoro, Publisher STATE OF WYOMING )ss. COUNTY OF LINCOLN consecutive issues /weeks; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC COUN1Y OF i STATE OF LINCOLN G: H WYOMING MY COMMISSION O(PIRES 515/16 Subscribed in my presence and sworn to before r$ on his day of I %rl i A.D., 20 /3 by Mark Tes ro P Usher 0 tary Signatu Certificate of Sale Mills 13 -04476 Page 6 of 7 0162 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 $2,320.74 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM ($12.00) PUB COST FSN 9 -12 -13 TITLE UPDATE x 1 Conduct Sale Record Cert. of Sale Record Assn. of Cert. of Sale Record Sheriffs Deed Sheriff's Fee Sale 850.00 757.00 85.54 12.00 471.20 25.00 50.00 30.00 15.00 15.00 10.00 Total $2,320.74 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 SAYETH AUGHT. By: Lucky McMa •n The Castle Law Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona vC This instrument was acknowledged before me on day of ,(2 *2M 2013 by Lucky McMahon as attorney of The Castle Law Group, LLC. Title (and Rank) My commission expires:q_. COSPkg.doc (Signatu -fig •fficer) 0 FARRAH S. BORCHARDT STATE OF WYOMING tA, COUNTY OF NATRONA 4 My Commission Expires Sep rfa Certificate of Sale Mills 13 -04476 Page 7 of 7 0163