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HomeMy WebLinkAbout976604STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 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 December 13, 2005, executed and delivered by Justin Robert Cox and Darcy Janine Cox to Mortgage Electronic Registration Systems, Inc., as nominee for Metrocities Mortgage, LLC, its successors and assigns and (b) that certain mortgage dated December 13, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 15, 2005, at Reception No. 914473 in Book 607 at Page 530 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 202 OF NORDIC RANCHES DIVISION NO. 13, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 129 Spur Loop, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: July 9, 2010 Assignment recorded: July 16, 2010 Assignment recording information: at Reception No. 954418 in Book 750 at Page 575 Assignee: The Bank of New York Mellon fka The Bank of New York,as Trustee For The Certificateholders Of CWABS Inc., Asset Backed Certificates, Series 2006 -ABC1 Assignment dated: September 28, 2010 Assignment recorded: October 12, 2010 and Re- Recorded October 24, 2012 Assignment recording information: at Reception No. 955939 in Book 755 at Page 195 and Re- Recorded at at Reception No. 967535 in Book 796 at Page 768 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, The Bank of New York Mellon fka The Bank of New York,as Trustee For The Certificateholders Of CWABS Inc., Asset Backed Certificates, Series 2006 -ABC1 "Mortgagee elected to foreclose COSPkg 976604 5/13/2014 10:09 AM LINCOLN COUNTY FEES: $30.00 PAGE 1 OF 7 BOOK: 832 PAGE: 262 CERTIFICATE JEANNE WAGNER, LINCOLN COUNTY CLERK 11111 1111 III 11111111111 iii 1111 VIII 11111111 IIIIIIl1II Certificate of Sale Cox 11- 16989RRR Page 1 of 7 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 17, 2014 issue of said newspaper and ending with the May 8, 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 13, 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 $120,700.00 "Bid Sum which was bid and offered by The Bank of New York Mellon fka The Bank of New York,as Trustee For The Certificateholders Of CWABS Inc., Asset Backed Certificates, Series 2006 -ABC1 "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 $6,235.30 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 page intentionally left blank Certificate of Sale Cox 11- 16989RRR Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg April Bruuslc6 Otary Public ,Q County of Lincoln My Commission Expires 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 May 13, 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 13th day of May 2014. ACKNOWLEDGMENT SS Witness my hand and official seal. M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Title: 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 13th day of May 2014. Certificate of Sale Cox 11- 16989RRR 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 December 13, 2005 (the "Mortgage and recorded on December 15, 2005, at Reception No. 914473 in Book 607 at Page 530 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 Justin Robert Cox and Darcy Janine Cox "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Metrocities Mortgage, LLC, its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: July 9, 2010 Assignment recorded: July 16, 2010 Assignment recording information: at Reception No. 954418 in Book 750 at Page 575 Assignee: The Bank of New York Mellon fka The Bank of New York,as Trustee For The Certificateholders Of CWABS Inc., Asset Backed Certificates, Series 2006 -ABC1 Assignment dated: September 28, 2010 Assignment recorded: October 12, 2010 Assignment recording information: at Reception No. 955939 in Book 755 at Page 195 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: q: \docs_cas2K \wy \Mailing.doc Cox 11- 16989RRR Page 4 of 7 CERTIFIED MAIL NO. NOI: Sent Electronically Per Client Request CERTIFIED MAIL NO. FSN: Sent Electronically Per Client Request The Bank of New York Mellon fka The Bank of New York,as Trustee For The Certificateholders Of CWABS Inc., Asset Backed Certificates, Series 2006 -ABC1 4425 Ponce De Leon Blvd, 5th floor Coral Gables, FL 33146* CERTIFIED MAIL NO. NOI: 71969009843000824202 CERTIFIED MAIL NO. FSN: 71969009843000825797 CURRENT RESIDENT 129 Spur Loop Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000824219 CERTIFIED MAIL NO. FSN: 71969009843000825803 Justin Robert Cox 129 Spur Loop Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000824226 CERTIFIED MAIL NO. FSN: 71969009843000825810 Justin Robert Cox P.O. Box 12646 Jackson, WY 83002 -2646 CERTIFIED MAIL NO. NOI: 71969009843000824233 CERTIFIED MAIL NO. FSN: 71969009843000825827 Darcy Janine Cox 129 Spur Loop Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000824240 CERTIFIED MAIL NO. FSN: 71969009843000825834 Darcy Janine Cox P.O. Box 12646 Jackson, WY 83002 -2646 State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. cLICHARZ AT WYOMING C a_ i 0 :r.ATRONA Won E. ins Jan 2015 Castle Law Group, LLC. My commission expires: NOTARY PUBLIC u a KELLEY L DRELICHARZ i hill s COUNTY OF NNA Pd i sion Erplres Jan 19 2095 q:\docs_cas2K\wy\Mailing.doc Title (and Rank CERTIFIED MAIL NO. NOI: 71969009843000824257 CERTIFIED MAIL NO. FSN: 71969009843000826138 The Bank of New York Mellon fka The Bank of New York 101 Barclay Street, #4 W New York, NY 14043 CERTIFIED MAIL NO. NOI: 71969009843000824264 CERTIFIED MAIL NO. FSN: 71969009843000825858 ACSI American Collection Systems, Inc 407 South 21st Street Laramie, WY 82073 CERTIFIED MAIL NO. NOI: 71969009843000824271 CERTIFIED MAIL NO. FSN: 71969009843000825865 HSBC Mortgage Services, Inc. 2929 Walden Ave Depew, NY 14043 CERTIFIED MAIL NO. NOI: 71969009843000824288 CERTIFIED MAIL NO. FSN: 71969009843000825872 Nordic Ranches Home Owners Association PO Box 3257 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000824295 CERTIFIED MAIL NO. FSN: 71969009843000825889 Lincoln County Treasurer PO Box 630 Kemmerer, WY 83101 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 2, 2014 and the date of the first publication of the notice of foreclosure sale was April 17, 2014. L cky McMahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 fi r This instrument was acknowledged before me on 3 day ofd 'a 2014 by cky I�IIGMah n -mss attorney of The (Signaty of no ri.,1 efficer) Cox 11- 16989RRR Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming eou an D, ee' 513©nn Q DNeis ,ofMsaio oefa i, Karr roce eding�hassbeen ins bey the lvtogage,'on any,part tfi L hHF. "rl Y}Yc. camp tl catelrol ewYork,as; acked$Cer- ,reason no' ee, wW :n he mortga, uty Sherif lugti for cashrat hC at the "front door :of the,Linc Kemmerer, sue descnbed,'arnountsasecured by. tybeing describe o,? HE5 aDIVISI ®N NO 13 I�IN C O �,TIiE OFFICIAL laisteq atpy,hri I ft-() the g rogaagp ru "tiofal ranee nt i of this P.IO3LISR A�. S9RRR: EXHIBIT B PUBLISHER'S AFFIDAVIT by Ma k Tesoro 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 the first publication day of and the last publica day of 1/ consecutive issues /weeks; ing on the 20 ion being on the 2 ,20 /4; and that said advertis- ent appeared in each and every number of said newspaper during the period of publication as above stated. (Sign KEMMERER, WYOMING Mark esoro, Publisher STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF (I`LL a STATE OF LINCOLN 'x!.; WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this day of blisher No ary Signature, A.D., 20 Cox 11- 16989RRR Page 6 of 7 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 $6,235.30 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 5 -8 -14 SALE ATTENDANCE FEE RECORD CERT. OF SALE SHERIFF'S FEE SALE Previous Invoice Total $6,235.30 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 AUGHT. State of Wyoming County of Natrona Castle Law Group, LLC TARY PURL M Co missio My commission expires: NOTARY PUBLIC KELLEY L DRELICHAR2 COUNTY OF NATRONA Commission Ex/ ins Jan 19, 2015 q: \docs_cas2K \wy \Mailing.doc EXHIBIT C AFFIDAVIT OF ATTORNEY SS 1,000.00 745.00 129.60 592.80 50.00 30.00 10.00 3,677.90 6/: Ma -PX By: Lucky McM on 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 L sky McMahprras attorney of The '(tignat e of not�ri itle (and ///7/ c)/.5" Cox 11- 16989RRR Page 7of7