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HomeMy WebLinkAbout974960n r 208802 STATE OF WYOMING COUNTY OF LINCOLN 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 July 13, 2007, executed and delivered by Danny A Durante to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. its successors and assigns and (b) that certain mortgage dated July 13, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 25, 2007, at Reception No. 931585 in Book 666 at Page 806 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 117 OF NORDIC RANCHES DIVISION NO. 9, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED OCTOBER 4, 2000 AS PLAT NO. 312 -B with an address of 1223 Saddle Drive, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Federal National Mortgage Association Assignment dated: December 5, 2012 Assignment recorded: December 26, 2012 Assignment recording information: at Reception No. 253 Assignee: Bank of America, N.A. S /B /M to BAC F /K/A Countrywide Home Loans Servicing, L.P. Assignment dated: August 29, 2013 Assignment recorded: October 25, 2013 Assignment recording information: at Reception No. 794 11111111111111111111111111111111111111111111111111111111111111111111111111111111 Assignee: BAC Home Loans Servicing, L.P. Assignment dated: September 13, 2010 Assignment recorded: September 16, 2010 Assignment recording information: at Reception No. 955548 in Book 753 at Page 772 Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP Assignment dated: April 9, 2012 Assignment recorded: April 23. 2012 Assignment recording information: at Reception No. 964200 in Book 785 at Page 122 COSPkg.doc CERTIFICATE OF SALE 974960 1/16/2014 1:13 PM LINCOLN COUNTY FEES: $36.00 PAGE 1 OF 9 BOOK: 826 PAGE: 805 CERTIFICATE SS JEANNE WAGNER, LINCOLN COUNTY CLERK 968657 in Book 801 at Page Home Loans Servicing, L.P. 973863 in Book 822 at Page Certificate of Sale Durante 13 -06839 Page 1 of 7 821 Assignee: BANK OF AMERICA, N.A. Assignment dated: October 16, 2013 Assignment recorded: October 28, 2013 Assignment recording information: at Reception No. 973885 in Book 822 at Page 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, BANK OF AMERICA, N.A. "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 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 14, 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 267,345.78 "Bid Sum which was bid and offered by BANK OF AMERICA, N.A. "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 $2,795.18 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 Certificate of Sale Durante 13 -06839 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 and all fixtures and appurtenances thereto, at and upon expiration of three (3) months and thirty (30) days from and after January 14, 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 14th day of January 2014. STATE OF WYOMING COUNTY OF LINCOLN 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 14th day of January 2014. My Commission Expires: Witness my hand and official seal. 'n.J�RC� yn., ^c3'.?�?^. ?2�: ".>Sr:.. ?fi' n.,e,,.p- Apr [?r•° ,,slo Votary ary 6'u c COSPkg.doc ;r (cr. :.ion .spi it ACKNOWLEDGMENT SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Title: Notary Deputy Sheriff altg/ blic Certificate of Sale Durante 13 -06839 Page 3 of 7 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: COSPkg,doc Certificate of Sale Durante 13 -06839 Page 6 of 7 CERTIFIED MAIL NO. NO1: 71969009843000776518 CERTIFIED MAIL NO, FSN: 71969009843000778932 BANK OF AMERICA, N.A. 400 National Way, SV 35 P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. N01: 71969009843000776525 CERTIFIED MAIL NO. FSN: 71969009843000778949 CURRENT RESIDENT 1223 Saddle Drive Etna, WY 83118* CERTIFIED MAIL NO. N01: 71969009843000776532 CERTIFIED MAIL NO. FSN: 71969009843000778956 Danny A Durance 1223 Saddle Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000776549 CERTIFIED MAIL NO. FSN: 71969009843000778963 Danny A Durante PO BOX 7611 Jackson, WY 83002 -7611 CERTIFIED MAIL NO. NOI: 71969009843000776556 CERTIFIED MAIL NO. FSN: 71969009843000778970 Danny A Durante PO BOX 2798 Jackson, WY 83002 CERTIFIED MAIL NO. NOL 71969009843000776563 CERTIFIED MAIL NO. FSN: 71969009843000778987 Danny A Durante PO BOX 1029 Afton, WY 83110 CERTIFIED MAIL NO. N01: 71969009843000776570 CERTIFIED 1vIAIL NO. FSN: 71969009843000778994 Federal National Mortgage Assn 14523 SW Millikan Way #200 Beaverton, OR 97005 CERTIFIED MAIL NO. NOI: 71969009843000776587 CERTIFIED MAIL NO. FSN: 71969009843000779007 State of Wyoming Department of Workforce Services Unemployment Tax P. 0. Box 2760 Casper, WY 82602 -2760 CERTIFIED MAIL NO. NOI: 71969009843000776594 CERTIFIED MAIL NO. FSN: 71969009843000779014 Nordic Ranches Owners Assn P.O. Box 3257 Attn: Tanya Alpine, WY 83128 COSPkg.doc Certificate of Sale Durante 13 -06839 Page 7 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was November 19, 2013 and the date of the first publication of the notice of foreclosure sale was December 5, 2013. State of Wyoming County of Natrona day of Castle Law G FURTHER AFFIANT SAYETH NAUGHT. 'Y 1, i J; '"n'I c" ,;vya ING v d ?pvan!. on E @`5;i 2015 Am6 (btifrf!!4"+e$�CJi y h1NC Me"d JCr y commission expires: //y /n.2d 45— COSPkg.doc Uhl k By: Lucky MCMah n The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 This instrument was acknowledged before me on 2014 by Lucky McMahon as attorney of The of not ryer) itle (and Ra Certificate of Sale Durante 13 -06839 Page 8 of 7 STATE OF WYOMING EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 July 13, 2007 (the "Mortgage and recorded on July 25, 2007, at Reception No. 931585 in Book 666 at Page 806 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 Danny A Durante "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: September 13, 2010 Assignment recorded: September 16, 2010 Assignment recording information: at Reception No. 955548 in Book 753 at Page 772 Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP Assignment dated: April 9, 2012 Assignment recorded: April 23. 2012 Assignment recording information: at Reception No. 964200 in Book 785 at Page 122 Assignee: Federal National Mortgage Association Assignment dated: December 5, 2012 Assignment recorded: December 26, 2012 Assignment recording information: at Reception No. 968657 in Book 801 at Page 253 Assignee: Bank of America, N.A. S /B /M to BAC Home Loans Servicing, L.P. F /K/A Countrywide Home Loans Servicing, L.P. Assignment dated: August 29, 2013 Assignment recorded: October 25, 2013 Assignment recording information: at Reception No. 973863 in Book 822 at Page 794 Assignee: BANK OF AMERICA, N.A. Assignment dated: October 16, 2013 Assignment recorded: October 28, 2013 Assignment recording information: at Reception No. 973885 in Book 822 at Page 821 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. COSPkg.doc Certificate of Sale Durante 13 -06839 Page 4of7 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 13, 2007, was executed and delivered by Danny A Durante "Mortgagor(s) to Mortgage Elec- tronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. its successors and assigns, as security for the Note of the same date, and said Mortgage was recorded on July 25, 2007, at Reception No. 931585 in Book 666 at Page 806 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: BAC Home Loans Servicing, L.P. Assignment dated: September 13, 2010 Assignment recorded: September 16, 2010 Assignment recording information: at Reception No. 955548 in Book 753 at Page 772 Assignee: Bank of America, N.A., successor by merger to BAC Horne Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP Assignment dated: April 9, 2012 Assignment recorded: April 23. 2012 Assignment recording information: at Reception No. 964200 in Book 785 at Page 122 Assignee: Federal National Mortgage Association Assignment dated: December 5, 2012 Assignment recorded: December 26, 2012 Assignment recording information: at Reception No. 968657 in Book 801 at Page 253 Assignee: Bank of America, N.A. S/B/M to BAC Horne Loans Servic- ing, L.P. F /K/A Countrywide Home Loans Servicing, L.P. Assignment dated: August 29, 2013 Assignment recorded: October 25, 2013 Assignment recording information at Reception No. 973863 in Book 822 at Page 794 Assignee: BANK OF AMERICA, N.A. Assignment dated: October 16, 2013 Assignment recorded: October 28, 2013 Assignment recording information: at Reception No. 973885 in Book 822 at Page 821 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 $264,342.58 which sum consists of the unpaid principal bal- ance of $257,902.72 plus interest accrued to the date of the first publication of this notice in the amount of $4,784.77, plus other costs in the amount of $1,655.09, 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 ether 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 BANK OF AMERICA, N.A., 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 14, 2014 at the front door of the Lincoln County Courthouse located at 925 §age 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 117 OF NORDIC RANCHES DIVISION NO. 9, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED OC- TOBER 4, 2000 AS PLAT NO. 312 -B with an address of 1223 Saddle Drive, Etna, WY 83118. Together with all improvements thereon situate and all fixtures and appurtenances thereto. 1:4172r rcu•` a 1'7 10 ?d ,013 (13- 06R191 BANK OF AMERICA, N.A. By: The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333-5379 12050 EXHIBIT B PUBLISHER'S AFFIDAVIT 1, Michael Jensen, 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 blicatlon being on the tit day of �fY•C/v 1 20, and the -t publication being on the day of 20 i3; and that said advertisement appeared In each and every number of said newspaper during the period of publication as above stated. (Signed) KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Michael Jense blisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN 1z WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed In my presence and sworn to before a on this day of 1 een (nr) A.D., 20 /3, 13Y Michael Jer en, Publisher. L e(buti 191.00 Notary Slgnat_ lieIuncdle Or oale Durante 13 -06839 Page 6of7 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 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 $2,795.18 as compensation for services actually rendered in the foreclosure proceeding. 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 day of Castle Law Gr COSPkg.doc Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee AOM Recording Fee PUS COST FSN 12 -26- 13 Title Update x 1 Sale Attendance Fee Record Cert of Sale Sheriffs Fee Sale Total $2,795.18 This instrument was acknowledged before me on 2014 by Lucky McMahon as attorney of The LLC. ACHARZ or vvyogniNG (31 is ATE oNA AS sa F p r .foa 19 2015 My commission expires: //7 EXHIBIT C AFFIDAVIT OF ATTORNEY By: Lucky Mc ahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 Title (and Ran 1,000.00 903.00 109.98 12.00 655.20 25.00 50.00 30.00 10.00 Certificate of Sale Durante 13 -06839 Page 10 of 7