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HomeMy WebLinkAbout975713.9450 STATE OF WYOMING COUNTY OF LINCOLN 413 COSPkg CERTIFICATE OF SALE 975713 3/26/2014 2:28 PM LINCOLN COUNTY FEES: $30.00 PAGE 1 OF 7 BOOK: 829 PAGE: 522 DEED, SHERIFFS JEANNE WAGNER, LINCOLN COUNTY CLERK SS 1IIIIII II II IIII II 1 II 111111111111111 111111 M. Shane Johnson of Iawtul 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 October 14, 2005, executed and delivered by Trent Simkins and Jody Simkins to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation, its successors and assigns and (b) that certain mortgage dated October 14, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 17, 2005, at Reception No. 912869 in Book 601 at Page 411 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 HAPPY VALLEY ESTATES, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 413 Happy Valley Ln, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Ocwen Loan Servicing, LLC Assignment dated: September 17, 2013 Assignment recorded: September 27, 2013 Assignment recording information: at Reception No. 973480 in Book 821 at Page II II 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, Ocwen Loan Servicing, 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 four (4) consecutive weeks, commencing with the February 20, 2014 issue of Certificate of Sale Simkins 14 -00561 Page 1 of 7 said newspaper and ending with the March 13, 2014 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 March 25, 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 74, 100.00 "Bid Sum which was bid and offered by Ocwen Loan Servicing, 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 $2,241.68 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 Remainder Of p ge intentionally left blank Certificate of Sale Simkins 14 -00561 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 March 25, 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 25thday of March 2014. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg JAMIE FAIP!TEH NOTARY PURUC COUNTY OF LINCOLN i My Commis Dui ,pu: STATE: OF Y2. Oil WYOMING SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print amp John P. Stetzenbach Title: Witness my hand and official seal. ACKNOWLEDGMENT 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 25th day of March 2014. ublic Certificate of Sale Simkins 14 -00561 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 October 14, 2005 (the "Mortgage and recorded on October 17, 2005, at Reception No. 912869 in Book 601 at Page 411 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 Trent Simkins and Jody Simkins "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation, its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Ocwen Loan Servicing, LLC Assignment dated: September 17, 2013 Assignment recorded: September 27, 2013 Assignment recording information: at Reception No. 973480 in Book 821 at Page 413 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: 71969009843000806369 CERTIFIED MAIL NO. FSN: 71969009843000808905 Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409* CERTIFIED MAIL NO. N01: 71969009843000806376 CERTIFIED MAIL NO. FSN: 71969009843000808912 CURRENT RESIDENT 413 Happy Valley Ln Afton, WY 83110* COSPkg Certificate of Sale Simkins 14 -00561 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000806383 CERTIFIED MAIL NO. FSN: 71969009843000808929 Trent Simkins 413 Happy Valley Ln Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000806390 CERTIFIED MAIL NO. FSN: 71969009843000808936 Trent Simkins PO Box 687 #81 Pinedale, WY 82941 CERTIFIED MAIL NO. NOI: 71969009843000806406 CERTIFIED MAIL NO. FSN: 71969009843000808943 Trent Simkins PO Box 224 Afton, WY 83110 -0224 CERTIFIED MAIL NO. NOI: 71969009843000806413 CERTIFIED MAIL NO. FSN: 71969009843000808950 Jody Simkins 413 Happy Valley Ln Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000806420 CERTIFIED MAIL NO. FSN: 71969009843000808967 Jody Simkins PO Box 224 Afton, WY 83110 -0224 CERTIFIED MAIL NO. NOI: 71969009843000806437 CERTIFIED MAIL NO. FSN: 71969009843000808974 Jody Simkins PO Box 687 #81 Pinedale, WY 82941 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 5, 2014 and the date of the first publication of the notice of foreclosure sale was February 20, 2014. NOTARY PUBLIC KELLEY L DRELICHARZ STATE OFF11YYOMING COUNTY OF NATRONA multSIOn�1.:� (�ims Jan 19, 2015 y commission expires: FURTHER AFFIANT SAYETH NAUGHT. State of Wyoming County of Natrona This i y trument was acknowledged before me on day ofc ,:z. 2014 by Lucky McMaho as attorney of The Castle Law Group, LLC. COSPkg 47 GG By: Lucky Mc hon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 Title (and Ran Certificate of Sale Simkins 14 -00561 Page5of7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming SURE SALE NOTI.CE An the payment of principal and interest has oc- ms of a promissory note "Note and real estate mort th e Mortgage dated October 14, 2005, was executed Trent and Iody Simkins "Mortgagor(s)' ctronic Registration Systems, Inc., as nominee for GMAC rporation, its successors and assigns, as security for the Mme date, and said Mortgage was recorded on October 17, ion No. 912869 in Book 601 at Page 411 in the records "th eCounty Clerk and ex- officio Register of Deeds in and unty, State, of Wyoming; and themortgage was assigned for value as follows: )ewen< "Loan;Servicing, LLC nt dated:'September 17, 2013 co t rerded:' September 27, 2013 record information: at Reception No. 973480 in Book ecords of the County Clerk and ex- officio Register of Deeds incoln County, Wyoming. 'S the Mortgage contains a power of sale which by reason to Mortgagee declares to operative, and no cee tng hasbeen instituted at law have to become o recover the debt secured rtgage or any part thereof, nor has any such suit or proceeding ted and the same, discontinued;. and ,awritten notice, of intent to foreclose the Mortgage, by trten and sale has been served upon the record' owner and the ossession-of the mortgaged premises at least ten (10) days prior riencement;of this ublication, and the amount due upon the w o t`the d ate of first publication of this notice of'sale being the 19.64 which sum consists of the unpaid principal bal ma ann.28 plus interest accrued to the date of the first publication' he. amount.of $4,642.65, plus other costs in the amount plus attorneys' fees, costs expended, and accruing interest es after the date of first publication of this notice of sale; S th property being foreclosed up on may be subject to 1 encumbrances; that will not be extinguished at thessale. ve purchaser should research the status of title before i sEFORE Ocwen Loan Servicing, LLC, as the Mortgagee, Mortgage foreclosed as by law provided by causing the r erty to be sold at public venue by the Sheriff or Deputy Lincoln County, Wyoming to the highest bidder for 'cash the forenoon on March 25, 2014 at the front door of Courthouse located at 925 Sage Avenue, Kemmerer, or application on the above described amounts e, said mortgaged property being described as HAPPY VALLEY ESTATES, LINCOLN COUNTY, DESCRIBED QN THE O1 PLAT THEREOE ss of 413 Happy Valley Ln, Afton, WY 83110. V l all improvements rthereon situate and all fixtures Ocwen Loan Servicing, LLC By: The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307)333 -5379 'ch 6, 13, 2014 (14- 00461) x 0220 EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN id 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 4 consecutive issues /weeks; the first publication being on the 26 day of bf 11(6' 20 and the last publication being on the /3 day of 11/4 1 20�; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ark Tesoro, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this g day of til)C�' 611 A.D., 20 jl by Mark T oro, Publisher Notary Sign ure 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 $2,241.68 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 SAYETH NAUGHT. Le- By: Lucky Mc ahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 State of Wyoming County of Natrona This i�n�}ffitrument was acknowledged before me on day of h- /L a, 2014 by L ky A cMahon a.s attorney of The Castle Law Group, LLC. COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 3 -13 -14 Title Update x 1 Attend Sale Fee Sheriff Fee sale Record Certificate of Sale Total $2,241.68 4.4 itI 0TARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Ex ires Jan 19, 2015 My commission 1517 EXHIBIT C AFFIDAVIT OF ATTORNEY SS Title (and Ra k) 1,000.00 555.00 103.68 468.00 25.00 50.00 10.00 30.00 Certificate of Sale Simkins 14 -00561 Page 7 of 7