HomeMy WebLinkAbout975713.9450
STATE OF WYOMING
COUNTY OF LINCOLN
413
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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.
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Certificate of Sale
Simkins 14 -00561
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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:
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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*
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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.
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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.
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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
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