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HomeMy WebLinkAbout977271230818 C N C: Lc cc M C CO o� EL n LL 0 1I w (9 Q n. u `L M Q w I N 2 N 00 c ow eii- N w u- D a OM .i Z co 00 n Z a J CO Y c w J u z D O z J O U z J Z Q W z W r� STATE OF WYOMING COUNTY OF LINCOLN M. Shane Johnson CERTIFICATE OF SALE SS upon his oath, states and certifies as follows: of lawful age, being first duly sworn 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 21, 2006, executed and delivered by Scott A. Birch to Utah Mortgage Loan Corporation, and (b) that certain mortgage dated December 21, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 27, 2006, at Reception No. 925623 in Book 644 at Page 681 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 40 -L -3 OF ROLLING HILLS 1ST ADDITION TO THE CITY OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON FEBRUARY 25, 1985 AS INSTRUMENT NO. 650749 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 1673 South Sunlight Drive, Kemmerer, WY 83101 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. (MERS) Assignment dated: December 21, 2006 Assignment recorded: January 18, 2007 Assignment recording information: at Reception No. 926161 in Book 646 at Page 547 Assignee: GMAC Mortgage, LLC Assignment dated: November 20, 2012 Assignment recorded: November 27, 2012 Assignment recording information: at Reception No. 968177 in Book 799 at Page 169 Assignee: Ocwen Loan Servicing, LLC Assignment dated: July 10, 2013 Assignment recorded: July 16, 2013 Assignment recording information: at Reception No. 972028 in Book 815 at Page 761 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. COSPkg Certificate of Sale Birch 14 -02063 Page 1 of 7 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 June 5, 2014 issue of said newspaper and ending with the June 26, 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 July 1, 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 $135,775.13 "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 $2,105.92 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 Birch 14 -02063 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 July 1, 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 1st day of July 2014. STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Deputy Sheriff of Lincoln County' e July 2014. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official COUNTY OF LINCOLN JAMIE PAINTER— NOTARY PUBLIC My Commission Expires STATE OF WYOMING M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Na John P. Stetaenbach Title: Deputy Sheriff scribed in my presence and o ing, this 1st day of Certificate of Sale Birch 14 -02063 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 of counsel to 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 21, 2006 (the "Mortgage and recorded on December 27, 2006, at Reception No. 925623 in Book 644 at Page 681 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 Scott A. Birch "Mortgagor(s) the named mortgagor(s), and Utah Mortgage Loan Corporation, is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Mortgage Electronic Registration Systems, Inc. (MERS) Assignment dated: December 21, 2006 Assignment recorded: January 18, 2007 Assignment recording information: at Reception No. 926161 in Book 646 at Page 547 Assignee: GMAC Mortgage, LLC Assignment dated: November 20, 2012 Assignment recorded: November 27, 2012 Assignment recording information: at Reception No. 968177 in Book 799 at Page 169 Assignee: Ocwen Loan Servicing, LLC Assignment dated: July 10, 2013 Assignment recorded: July 16, 2013 Assignment recording information: at Reception No. 972028 in Book 815 at Page 761 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: COSPkg Certificate of Sale Birch 14 -02063 Page 4of7 CERTIFIED MAIL NO. NOI: SENT ELECTRONICALLY TO CLIENT CERTIFIED MAIL NO. FSN: SENT ELECTRONICALLY TO CLIENT Ocwen Loan Servicing, LLC 1100 Virginia Drive Fort Washington, PA 19034* CERTIFIED MAIL NO. NOI: 71969009843000832504 CERTIFIED MAIL NO. FSN: 71969009843000833488 CURRENT RESIDENT 1673 South Sunlight Drive Kemmerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000832511 CERTIFIED MAIL NO. FSN: 71969009843000833495 Scott A. Birch 1673 South Sunlight Drive Kemmerer, WY 83101* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 20, 2014 and the date of the first publication of the notice of foreclosure sale was June 5, 2014. State of Wyoming County of Natrona 1 This instrument was acknowledged before me on 3r day of t•i-e_.) 2014 by Lucky McMahon, attorney of counsel, for The Castle Law Group, LLC. My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. Nr rARY PI I:!!!C L bARNIES STA': f. i)F WYOMING COUNTY OF NATRONA Commission Ex ire, An 19, 2515 y: Lucky cMahon, of counsel The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 (Signatureof oA taria�l offi f i� C3 Title (and Rank) 1 -fl -15 Certificate of Sale Birch 14 -02063 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ii; Lla'i£�C i.,1 Li: t7`. o�•... '�I +I :ile':i1C�ll ;•i:: �..i 1211i['•'01!. I lir e.:. ,,:1• la'ri;,,ll :nl, II'•. :_r;i 7/T t3._=: t:j; ;;S:ur I:C: c•• ;1:1'.. �1t� i ":�uli {li 1c ;t,1, •i; 1., t,l -.l d S l 4. to l D yh 1. :1 1 ,51 ul'lol ror �t. 1 .Lt ll Y.. Ii. 4 1 1JF,, u .lei_ 1 -)Ji11 .3)1 l f 0 yly( L.r n i';vc';idtc.l:,.. ;iln,i ;;u l•ti;. "3q l0. l l,.1O 1' V. iiiia i j _:t'I 7 i{: 11 IS �,IiO 0 107iiYun 1018I Ill( ':10010, 1i f 1)j1 1 °10101 !■60. 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U_Lxlnitr 4 0z),', i `,III:J)il, a��. •.(�1��1 .1 1,1 56 IS EXHIBIT B PUBLISHER'S AFFIDAVIT 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 T consecutive issues /weeks; the first publication being on the day of Q. 20 r4, and the last being on the 14. day of 20 /4 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN and that said'i3dvertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF j STATE OF LINCOLN (I WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this ad; day of A.D., 20 ICI', Publisher Notary Signet -V 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 of counsel to 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 $2,105.92 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 6 -26 -14 Attend Sale Fee Sheriff Fee sale Record Certificate of Sale Total $2,105.92 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 H NAUGHT. State of Wyoming County of Natrona Cn r 8 This instrument was acknowledged before me on Off) day of UL.Kkle, 2014 by Lucky McMahon, attorney of counsel, for The Castle Law Group, LLC. COSPkg NOTARY PUBLIC CRYSTAL L $ARNES ?l!' STATE OF 1NYOtAING COUNTY OF NATRONA ommission Ex Ires .ten 19, 2015 My commission expires: EXHIBIT C AFFIDAVIT OF ATTORNEY Cti y: Lucky McMahon, of counsel The Castle Law Group, LLC 123 West 1st Street, Ste. 400. Casper, WY 82601 -0000 (307) 333 -5379 BOLr Si o notarial offic (Sign WC) Title (and Rank) SS 1,000.00 600.00 25.92 390.00 50.00 10.00 30.00 6-o3-4 Certificate of Sale Birch 14 -02063 Page 7 of 7