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HomeMy WebLinkAbout976529223102 r 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 January 15, 2004, executed and delivered by Kenneth N. Wilson to Mortgage Electronic Registration Systems, Inc., as nominee for Bank of Jackson Hole its successors and assigns and (b) that certain mortgage dated January 15, 2004 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 16, 2004, at Reception No. 896673 in Book 546 at Page 247 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 138 IN STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 192 Lilac Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Mortgage Electronic Registration Systems, Inc. its successors and assigns Assignment dated: January 15, 2004 Assignment recorded: January 20, 2004 Assignment recording information: at Reception No. 896715 in Book 546 at Page 374 Assignee: BAC Home Loans Servicing. L.P. Assignment dated: January 7, 2011 Assignment recorded: January 14, 2011 Assignment recording information: at Reception No. 957636 in Book 760 at Page 712 Assignee: Bank of America, N.A. successor by merger to BAC Home Loans Servicing LP, FKA Countrywide Home Loans Servicing LP Assignment dated: June 4, 2012 Assignment recorded: June 18, 2012 Assignment recording information: at Reception No. 965159 in Book 787 at Page 844 Assignee: Nationstar Mortgage, LLC Assignment dated: April 5, 2013 Assignment recorded: April 25, 2013 Assignment recording information: at Reception No. 970623 in Book 810 at Page 34 976529 5/6/2014 10:16 AM LINCOLN COUNTY FEES: $33.00 PAGE 1 OF 8 BOOK: 832 PAGE: 4 CERTIFICATE COSPkg JEANNE WAGNER LINCOLN COUNTY CLERK Certificate of Sale (IIIIII IIIIII II I IIIIII III I II I I III IRE I II II VIII VIII IIII II VII I II IIII Wilson 14 -01262 Page 1 of 8 Assignee: Nationstar Mortgage LLC Assignment dated: March 14, 2014 Assignment recorded: March 21, 2014 Assignment recording information: at Reception No. 975673 in Book 829 at Page 424 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, Nationstar Mortgage 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 April 10, 2014 issue of said newspaper and ending with the May 1, 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 May 6, 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 $72,114.06 "Bid Sum which was bid and offered by Nationstar Mortgage 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 $2,376.80 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. 9. That said Successful Bidder shall be entitled to a deed to the above described real property, together with all improvements thereon situate COSPkg Certificate of Sale Wilson 14 -01262 Page 2 of 8 and all fixtures and appurtenances thereto, at and upon expiration of three (3) months and thirty (30) days from and after May 6, 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 6th day of May 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 6th day of May 2014. My Commission Expires: COSPkg My Commission Expims By: ACKNOWLEDGMENT SS M. Shane Johnson Title: Deputy Sheriff Witness my hand and official seal. c JAMIE PAINTER ra )TARP PUBLIC COUNTY OF LINCOLN STATE OF WYAMING 1 Sheriff in and for Lincoln County, State of Wyoming Print r John P. Stetzenbach No ar/° ublic Certificate of Sale Wilson 14 -01262 Page 3 of 8 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 January 15, 2004 (the "Mortgage and recorded on January 16, 2004, at Reception No. 896673 in Book 546 at Page 247 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 Kenneth N. Wilson "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Bank of Jackson Hole its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Mortgage Electronic Registration Systems, Inc. its successors and assigns Assignment dated: January 15, 2004 Assignment recorded: January 20, 2004 Assignment recording information: at Reception No. 896715 in Book 546 at Page 374 Assignee: BAC Home Loans Servicing. L.P. Assignment dated: January 7, 2011 Assignment recorded: January 14, 2011 Assignment recording information: at Reception No. 957636 in Book 760 at Page 712 Assignee: Bank of America, N.A. successor by merger to BAC Home Loans Servicing LP, FKA Countrywide Home Loans Servicing LP Assignment dated: June 4, 2012 Assignment recorded: June 18, 2012 Assignment recording information: at Reception No. 965159 in Book 787 at Page 844 Assignee: Nationstar Mortgage, LLC Assignment dated: April 5, 2013 Assignment recorded: April 25, 2013 Assignment recording information: at Reception No. 970623 in Book 810 at Page 34 Assignee: Nationstar Mortgage LLC Assignment dated: March 14, 2014 Assignment recorded: March 21, 2014 Assignment recording information: at Reception No. 975673 in Book 829 at Page 424 COSPkg Certificate of Sale Wilson 14 -01262 Page 4of8 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 Nationstar Mortgage LLC 350 Highland Dr. Lewisville, TX 75067* CERTIFIED MAIL NO. N012: 71969009843000822796 CERTIFIED MAIL NO. FSN:71969009843000824301 CURRENT RESIDENT 192 Lilac Drive Thayne, WY 83127* CERTIFIED MAIL NO. NO12: 71969009843000822802 CERTIFIED MAIL NO. FSN:71969009843000824318 Kenneth N. Wilson 192 Lilac Drive Thayne, WY 83127* CERTIFIED MAIL NO. N012: 71969009843000822819 CERTIFIED MAIL NO. FSN:71969009843000824325 Kenneth N. Wilson PO Box 3943 Alpine, WY 83128 CERTIFIED MAIL NO. N012: 71969009843000822826 CERTIFIED MAIL NO. FSN:71 969009843000824332 Kenneth N. Wilson PO Box 4126 Jackson, WY 83001 -4126 CERTIFIED MAIL NO. N012: 71969009843000822833 CERTIFIED MAIL NO. FSN: 71969009843000824677 Nationstar Mortgage LLC 350 Highland Drive Lewisville, TX 75067 CERTIFIED MAIL NO. N012: 7196900984300082284 CERTIFIED MAIL NO. FSN:71969009843000824486 Star Valley Ranch Association Attn: Tailia Booker HC 62, Box 7008 Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. N012: 71969009843000822857 CERTIFIED MAIL NO. FSN:71969009843000824356 Bank of Jackson Hole PO Box 7000 Jackson, WY 83002 COSPkg Certificate of Sale Wilson 14 -01262 Page 5 of 8 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 27, 2014 and the date of the first publication of the notice of foreclosure sale was April 10, 2014. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. 1 KEL LEY L DRELIC STATE OF IWYOIVIIPIG COUNTY OF NATRONA Commission Ex T res Jan 19 2015 My commission expires: COSPkg L cky McM hon 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 day of 2014 by L cky McMah• n-as attorney of The Castle Law Group, LLC 1/1 ,,,i4.6, Certificate of Sale Wilson 14 -01262 Page 6 of 8 ofsai' cash WY; eeu folio a KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 5ccurred; der�the tens.; mortgage( M ilgage cutedlan veredlby;Ke 4lect omc doe Registratiow5: tioleX coesso ssandsassi W: T r p 1 F nd sai� d�o ga�geiwasiirecor 896673,inBook54�6 at Pag 'ormai "o 15.E ry�7�tj Assignmenrrecoraen January,. tiltsigpmeri t recording ihformai 6■ at age pf 2 ?islEke e one Loan Se Assigr entr ssi i eittt uw i<lEdtP' e844 Assignee Ni Assignmet'j A�ss`�gnm`en VAS9gnmea 00'a3Page3 As stgfee Nationstar;M Are ee insr w �duektisentiand sale �1 parti74ossessionlo thi as.e o3Mr4i me 0 IVI ge'onthe:dateo otatunx`fr$6 „46 �7:' ance of 66430,5 o ■.1 s r o ce Intl of 9K 32 plus; d) late1cha AWARE Th oth clecty I�r pros e p1r ubN W ga B'i'd successor by mer 'widesHome Loans 5 and interest has: Yen real �estate X04 was ex' a' t r: a to Mortg age of4Jackson, e sameidat'e, pmin brtgag c n sins a powerof sale which by reason have e become operative, and no peen instituted at law t o 4^ �x hn� n,1 �a e.^, e s 7 over the�debt sec ured' part thereo r, nor,has any or procee 409 �'4•n 1.: f' ,.i ::`t Y,., ame disconttn ed; en noticeTof F® RE�Nationstar�Mortgage v lia�e theMontgage forec as by ti law a R"�^ mortgaged roperty to ;be so uicol n� h ue un Il b ein po g r L ie first p )sts`in the am ount, "accruing interes stipubhcatton,of this notice of isale orec1osedup ,on ma ct yf bets�ub� to .n „be ortgagee 'causing. or;Dcputy, ont emnerer, amounts: a EXHIBIT B KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN by Mark Thsor 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 publicati. being on the /LJ day of I /�t 20 /`t' and the last publication being on the ,20 /4; day of and that said advertise ent appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Mark Tesoro, Publisher ROSEMARY wpm NOTA, Y.PUBUC cOUNIY OF i Ogg oP LINCOLN WI'OMINGi MY COMMISSION EXPIRES 515/18 Subscribed in my presence and sworn to before me on this day of ublisher tary i nat Certificate of Sale Wilson 14 -01262 Page 7 of 8 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 $2,376.80 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 S day of Castle Law Group, Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 5 -1 -14 TITLE UPDATE x 1 RECORDING OF AOM SALE ATTENDANCE FEE RECORD CERT. OF SALE SHERIFF'S FEE SALE Total $2,376.80 K •Y,! r: fARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Ex. ices Jan 19, 2015 My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY -zcY SS By: Lucky McMahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 Title (and nk) 1,000.00 462.00 129.60 655.20 25.00 12.00 50.00 33.00 10.00 itncyncit-, This instrument was acknowledged before me on 2014 by Lucky McMahon -as attorney of The Certificate of Sale Wilson 14 -01262 Page 8 of 8