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HomeMy WebLinkAbout976251223111 CERTIFICATE OF SALE STATE OF WYOMING SS 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 September 15, 2008, executed and delivered by Gaylene Trisler to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean Whitaker Mortgage Corp., its successors and assigns and (b) that certain mortgage dated September 15, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 19, 2008, at Reception No. 942359 in Book 705 at Page 279 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 20 OF CEDAR CREEK RANCHES SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLATE THEREOF RECORDED NOVEMBER 1, 1977 AS INSTRUMENT NUMBER 500153 AND MAP NUMBER 219, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. with an address of 274 Hoback Drive, Thayne, WY 83127 -0000 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP Assignment dated: September 29, 2011 Assignment recorded: October 17, 2011 Assignment recording information: at Reception No. 961416 in Book 774 at Page 492 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., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP "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 COSPkg.doc 976251 4/22/2014 10:16 AM LINCOLN COUNTY FEES: $30.00 PAGE 1 OF 7 BOOK: 830 PAGE: 826 CERTIFICATE JEANNE WAGNER LINCOLN COUNTY CLERK III !II Illl III 11 11 III III III Certificate of Sale Trisler 14 -01249 Page 1 of 7 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 March 27, 2014 issue of said newspaper and ending with the April 17, 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 April 22, 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 $152,100.00 "Bid Sum which was bid and offered by BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP "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 $2,314.28 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 ::ins r of pace intentionally I i t blank Certificate of Sale Trisler 14 -01249 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 April 22, 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 22nd day of April 2014. STATE OF COUNTY OF 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 22nd day of April 2014. My Commission Expires:' -I COSPkg.doc WYOMING LINCOLN ACKNOWLEDGMENT Witness my hand and official sea April Brnnski e Notary Public a County of Liicoin J riy Commission Expires SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming e: John P. Stetzenbach The: Deputy Sheriff Notar del i'l� {III Certificate of Sale Trisler 14 -01249 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 September 15, 2008 (the "Mortgage and recorded on September 19, 2008, at Reception No. 942359 in Book 705 at Page 279 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 Gaylene Trisler "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean Whitaker Mortgage Corp., its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP Assignment dated: September 29, 2011 Assignment recorded: October 17, 2011 Assignment recording information: at Reception No. 961416 in Book 774 at Page 492 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. N01: Sent Electronically Per Client Request CERTIFIED MAIL NO. FSN: Sent Electronically Per Client Request BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP 400 National Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. N01: 71969009843000817945 CERTIFIED MAIL NO. FSN: 71969009843000820600 CURRENT RESIDENT 274 Hoback Drive Thayne, WY 83127 -0000 COSPkg.doc Certificate of Sale Trisler 14 -01249 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000817952 CERTIFIED MAIL NO. FSN: 71969009843000820617 Gaylene Trisler 274 Hoback Drive Thayne, WY 83127 -0000 CERTIFIED MAIL NO. NOI: 71969009843000817969 CERTIFIED MAIL NO. FSN: 71969009843000820624 Gaylene Trisler PO Box 1573 Thayne, WY 83127 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 12, 2014 and the date of the first publication of the notice of foreclosure sale was March 27, 2014. State of Wyoming County of Natrona This instrument was acknowledged before me on `2' day of I< 2014 by Lucky McMahon s attorney of The Castle Law Group, LLC. FURTHER AFFIANT SAYETH NAUGHT. NOTARY MUM KELLEY L DRELICHARC STATE OF WYOMING COUNTY OF NATRONA Commission Expires Jan 19, 2015 COSPkg.doc My commission expires: 6/5 By: Lucky Mc ahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 Certificate of Sale Trisler 14 -01249 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming fro .SUCCESSOR y LP, FKA:C QLJN= ortgagee, ing.the mo De puty Sr interest has real estate term 8 5 200, was rtgagor(ss'',;) to Mortgage 1 t i n es tor T B ass igns as security, for,the.. recorded on September'19, Page 279' in the rec tp°+ of Deeds "ina clue as follows LESSOR BY MERGER RYW ;CrN,IDE �r 16,in Book ofDeeds er of a sale hich by Reason become o e anve, did no o recover lh del�t'secured any AnYr such suit or proceeding, intent; to foreclose theMortga e by Yupon the record owner and the remises at least ten (10), days`prior id ttie� amount`due upon the is notice of saleeng ;the' e unpard:pci eofth r stpub hen tion accruing interest notic of sale; y be ubj ct t at t title before emmerer WY, l u sole ounts `secured by the as „follows, to- wit ",LINCOLN PLATE �TRUMENT OFFICE OF 31270000. fixtures and C,ES�SOR BY MERGER:TO w FKA COUNTRYWIDE, LOANS SERYICINGLP sstle Law Group, LLC st'Street Ste. 400 82601- 0000 3 7B EXHIBIT B PUBLISHER'S AFFIDAVIT 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 publication being on the c -,11q day of 4(0 eh) 20 /'T and the last publication being on the /4; day of i2 ,F� 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 j; STATE OF LINCOLN f;• WYOMING MY COMMISSION EXPIRES 5/5/18 Subscribed in my presence and sworn to before me on this j T day of 1284,/1, A.D,, 20 /4, by Mark Tesoro, ublisher otary Signatur Trisler 14 -01249 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 4 -17 -14 Sale Attendance Fee Record Certificate of Sale Sheriffs Fee Sale EXHIBIT C AFFIDAVIT OF ATTORNEY SS 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 $2,314.28 as compensation for services actually rendered in the foreclosure proceeding. 1,000.00 655.00 38.88 530.40 50.00 30.00 10.00 Total $2,314.28 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 SAYE NAUGHT. State of Wyoming County of Natrona day of Castle Law Group,pLLC. COSPkg.doc My commission expires: t L UE:Ll�, i (Es41..... r ELICHAI COUNTY OF NATRONA Cornmis S piris Jan 18, 2015 natu of no Title (and (ank) By: Lucky McMahon 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 McMahcyn -as attorney of The t officer) Certificate of Sale Trisler 14 -01249 Page 7 of 7