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HomeMy WebLinkAbout974859212416 STATE OF WYOMING COUNTY OF LINCOLN COSPkg.doc RECEIVED 1/7/2014 at 10:18 AM RECEIVING 974859 BOOK: 826 PAGE: 457 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SS CERTIFICATE OF SALE 0457 M. Shane 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 July 20, 2011, executed and delivered by John E. Mitchell to Mortgage Electronic Registration Systems, Inc., as nominee for Eagle Home Mortgage, LLC its successors and assigns and (b) that certain mortgage dated July 20, 2011 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 22, 2011, at Reception No. 960194 in Book 769 at Page 701 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 30 OF BLOCK 37 OF THE GLEN KENNINGTON ETAL ADDITION TO THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED WITH INSTRUMENT NO. 498185 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 286 East 8th Avenue, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: JPMorgan Chase Bank, National Association Assignment dated: October 4, 2013 Assignment recorded: October 18, 2013 Assignment recording information: at Reception No. 973757 in Book 822 at Page 497 Assignee: JPMorgan Chase Bank, National Association Assignment dated: September 4, 2013 Assignment recorded: October 21, 2013 Assignment recording information: at Reception No. 973781 in Book 822 at Page 562 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, JPMorgan Chase Bank, National Association "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 Certificate of Sale Mitchell 13 -07508 Page 1 of 7 0:58 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 December 5, 2013 issue of said newspaper and ending with the December 24, 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 January 7, 2014 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 $140,250.00 "Bid Sum which was bid and offered by JPMorgan Chase Bank, National Association "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 $2,433.72 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 Mitchell 13 -07508 Page 2 of 7 9. That said Successful Bidder shall be entitled to a deed to the above described real property, together with all improvements thereon situate 0459 and all fixtures and appurtenances thereto, at and upon expiration of three (3) months and thirty (30) days from and after January 7, 2014, 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 7thday of January 2014. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg.doc JAMIE PAINTER NOTARY PUBLIC COUNTY OF LINCOLN 1 My Commission Expires STATE OF IWO IING .1+ j "7 M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Prin Title: ACKNOWLEDGMENT SS Witness my hand and official seal. John P. Stetzenbach Deputy Sheriff 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 7th day of January 2014. Certificate of Sale Mitchell 13 -07508 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 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 July 20, 2011 (the "Mortgage and recorded on July 22, 2011, at Reception No. 960194 in Book 769 at Page 701 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 John E. Mitchell "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Eagle Home Mortgage, LLC its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: JPMorgan Chase Bank, National Association Assignment dated: October 4, 2013 Assignment recorded: October 18, 2013 Assignment recording information: at Reception No. 973757 in Book 822 at Page 497 Assignee: JPMorgan Chase Bank, National Association Assignment dated: September 4, 2013 Assignment recorded: October 21, 2013 Assignment recording information: at Reception No. 973781 in Book 822 at Page 562 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: 71969009843000775146 CERTIFIED MAIL NO. FSN: 71969009843000778680 JPMorgan Chase Bank National Association 10790 Rancho Bernardo Road San Diego, CA 92127* CERTIFIED MAIL NO. NOI: 71969009843000775153 CERTIFIED MAIL NO. FSN: 71969009843000778697 CURRENT RESIDENT COSPkg.doc Certificate of Sale Mitchell 13 -07508 Page4of7 0460 286 East 8th Avenue Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000775160 CERTIFIED MAIL NO. FSN: 71969009843000778703 John E. Mitchell 286 East 8th Avenue Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000775177 CERTIFIED MAIL NO. FSN: 71969009843000778710 John E. Mitchell PO Box 1488 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000775184 CERTIFIED MAIL NO. FSN: 71969009843000778727 JPMorgan Chase Bank National Association 780 Kansas Lane, Suite A Monroe, LA 71203 CERTIFIED MAIL NO. NOI: 71969009843000775191 CERTIFIED MAIL NO. FSN: 71969009843000778734 JPMorgan Chase Bank National Association 700 Kansas Lane MC 8000 Momroe, LA 71203 3. That the date of mailing of the notice of intent to foreclose the Mortgage was November 14, 2013 and the date of the first publication of the notice of foreclosure sale was December 5, 2013. State of Wyoming County of Natrona This instrument was acknowledged before me on day of 2014 by ucky cMahon as attorney of The Castle Law G •�up, LLC. t. lI11 LIC ti RELICHARZ sTA-r_ trlreolin ,G coi.:.yY'Y OF I'ATROWA r,>razrni: s'frn !:7.7zpirus Jan 19, 2015 e d •rt¢ 3'.tl',+ My commission expires: COSPkg.doc FURTHER AFFIANT SAYETH NAUGHT. y: Lucky McMahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 0461 Title (and R. nk) Certificate of Sale Mitchell 13 -07508 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has occurred under the terms of a promissory note "Note and real estate mortgage "Mortgage The Mortgage dated July 20, 2011, was executed and delivered by John E. Mitchell "Mortgagor(s) to Mortgage Elec- tronic Registration Systems, Inc., as nominee for Eagle Home Mortgage, LLC its successors, and assigns, as security for the Note of the same date, and said Mortgage was recorded on July 22, 2011, at Reception 960194 in Book 769 at Page 701 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 WHEREAS, the mortgage was assigned for value as follows: Assignee: JPMorgan Chase Bank, National Association Assignment dated: October 4, 2013 Assignment recorded: October 18, 2013 Assignment recording information at Reception No. 973757 in Book 822 at Page 497 Assignee: JPMorgan Chase Bank, National Association Assignment dated: September 4, 2013 Assignment recorded: October 21, 2013 Assignment recording information: at Reception No. 973781 in Book 822 at Page; 562 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares to have become operative, and no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or proceeding been instituted and the same discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale, has been served upon the record owner and the party in possession of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale being the total sum of $170,873.75 which sum consists of the unpaid principal bal- ance of $167,562.15 plus interest accrued to the date of the first publication of this notice in the amount of $3,236.53, plus other costs in the amount of $75.07, plus attorneys' fees, costs expended, and accruing interest and late charges after the date of first publication of this notice of sale; WHEREAS, The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research the status of title before submitting a bid; NOW, THEREFORE JPMorgan Chase Bank, National Association, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on January 7, 2014 at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for application on the above- described amounts secured by the Mortgage, said mortgaged property being described as follows, to -wit: LOT 30 OF BLOCK 37 OF THE GLEN KENNINGTON ETAL ADDITION :TOaTHE TOWN OF AFTON, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED WITH INSTRUMENT NO. 498185 OF THE RECORDS OF THE LINCOLN COUNTY CLERK; with an address of 286 East 8th Avenue, Afton, WY 83110. Together with all improvements thereon situate and all fixtures and appurtenances thereto. JPMorgan Chase Bank, National Association By: The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333-5379 PUBLISH: Dec. 5, 12;19, 24, 2013 (13-07508) 1205B COSPkg.doc EXHIBIT B J 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 consecutive issues /weeks; the first pub ication being on the J day of few 20 3 and the la publication being on the 24- day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Mark Tesoro, Publisher ROSEMARY GAPELLEN NOTARY PUBLIC COUNTY OF STATE OF UNCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this 21/ day of '���E��tfst& A.D., 2013_, by, -Ma Irresor9ublisher otary Signat9: 0462 Certificate of Sale Mitchell 13 -07508 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA 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 $2,433.72 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 12 -26 -13 Sale Attendance Fee Record Cert of Sale Sheriffs Fee Sale SCRA x 4 Total $2,433.72 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 SAY H NAUGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on of The .„DhO day of Castle Law G p, LLC. COSPkg.doc KELLEY L DRELICHARZ no uirromsm y commission expires: EXHIBIT C AFFIDAVIT OF ATTORNEY /1/?4 SS By: Lucky cMahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 Title (and Ra k) 1,000.00 700.00 73.32 530.40 50.00 30.00 10.00 40.00 0463 Certificate of Sale Mitchell 13 -07508 Page 7 of 7