HomeMy WebLinkAbout975404BANK OF AMERICA,
A foreign corporation,
Petitioner,
FILE
IN THE DISTRICT COURT JAN 1 4 2014
COUNTY OF LINCOLN, STATE OF WYOMING
v
DENNIS FROST, and NANCY FROST,
Respondents.
1111111111
975404 2/24/2014 10:29 AM
LINCOLN COUNTY FEES: $18.00 PAGE 1 OF 3
BOOK: 828 PAGE: 416 ORDER
JEANNE WAGNER LINCOLN COUNTY CLERK
Civil Action No. CV- 2013 143 -DC
11
ORDER RESCINDING FORECLOSURE SALE
11
VII 1
1i
This matter is before the Court upon the Petition of Bank of America, N.A., successor by
merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing LP, as filed
on November 4, 2013, to rescind a foreclosure proceeding as finalized by a sheriff's sale of March
13, 2012 and evidenced by a Sheriff's Deed. The Court having reviewed the Petition as well as
the Consents to Rescission of Foreclosure Sale as filed by the parties and being otherwise fully
advised in the premises, hereby finds and orders as follows:
1. Dennis and Nancy Frost as "Borrowers" entered into a promissory note and
mortgage "Security Agreement") with Countrywide Bank, FSB dated March 05, 2008 regarding
property located at;
Lot 96 of River View Meadows Second Addition to the Town of
Alpine, Lincoln County, Wyoming as described on the official plat
filed on February 11, 1994 as Instrument No. 778568 of the records
of the Lincoln County Clerk.
The property is also known by the street address as 468 Riverview
Drive, Alpine, WY 83128 (the "Property").
KENNETH D. ROBERTS
CLERK OF DISTRICT COURT
LINCOLN COUNTY, JUDICIAL YOMING
11111
All rights of Countrywide Bank, FSB under the Security Agreement have been assigned to
Bank of America, N.A.
2. Under the security agreement, Borrowers obtained a loan sufficient to purchase the
Property, and in exchange, provided the lender a security interest in the property. Upon default of
the security, the assignee, Bank of America, N.A., as the holder of the loan, began and processed a
foreclosure action resulting in a Sheriff's Sale of March 13, 2012, and ultimately the recordation of
a Sheriff's Deed to the property on said sale on August 21, 2012 at Rec. No. 966336 Book 792
Page 101 of the records of the Lincoln County Clerk.
3. The foreclosure was completed, with the execution of the Sheriff's Deed, though
the Borrowers and Bank of America, N.A. had entered into an agreement for a mortgage
modification.
4. I As Borrowers and Bank of America, N.A. have in place a loan modification, it is
appropriate to rescind the referenced foreclosure action affecting the Property.
As the parties have entered and filed a "Consent to Rescission of Foreclosure Sale
Borrowers will retain the Property as existed prior to the foreclosure proceeding. Further, Bank
of America, N.A. will have the security interest as agreed to by the parties to the foreclosure
proceeding.
5. As the parties have signed Consents to the rescission of the foreclosure sale and
good cause being shown therein, it is appropriate to rescind that foreclosure sale of March 13, 2012
and the provision of a Sheriff's Deed that was recorded on August 21, 2012.
It is therefore ordered that:
1. The foreclosure action brought by the Petitioner, Bank of America, N.A., successor
by BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing LP, against the
Borrowers, D nnis and Nancy Frost, as reflected in a sheriff s sale of March 13, 2012 and the
recordation of a Sheriffs Deed to the property on August 21, 2012 at Rec. No. 966336, Book 792,
Page 101 of the record of Lincoln County is rescinded and the parties are returned the their
respective rights and obligations as existing prior to the foreclosure sale.
2. The Promissory Note and the Security Agreement as recorded on March 24, 2008
with Countrywide Bank, FSB dated March 5, 2008 and recorded at Rec. No. 937773, Book 690,
Page 261 are reinstated, except for any subsequently reaccomplished by the parties.
3. Further, the following described property is vested in Nancy H. Frost and Dennis
Frost as husband and wife:
Lot 96 of River View Meadows, Second Addition to the Town of
Alpine, Lincoln County, Wyoming, as described on the official plat
filed on February 11, 1994, as Instrument No. 778568 of the records of
the Lincoln County Clerk.
The Property is also known by the street address as 468 Riverview
Drive, Alpine, Wyoming 83128 (described as the "Property").
4. The parties shall record such interests as necessary to reflect the present position of
the parties.
DATED this r` day of
SIGNED
STATE OF WYOMING 1 SS
COUNTY OF LINCOLN
I, Kenneth D. Roberts, Clerk of the Third
Judicial District Court within and foresaid
county and in the State of foresaid, do
hereby certify the foregoing to be a full,
rue, and com te copy„