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HomeMy WebLinkAbout978125232707 i o J 01 CERTIFICATE OF SALE o b STATE OF WYOMING 00 L SS a E COUNTY OF LINCOLN m 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 October 3, 2007, executed and delivered by Poy A. Louie to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB. its successors and assigns and (b) that certain mortgage dated October 3, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 4, 2007, at Reception No. 933770 in Book 674 at Page 628 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 STEWART CREEK THIRD SUBDIVISION, LINCOLN COUNTY, WYOMING, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED SEPTEMBER 27, 2007, AS RECEIVING NO. 933479 IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING, AS PLAT NO. 933479. with an address of 880 Stewart Creek Rd, Etna, WY 83118 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: October 13, 2011 Assignment recorded: October 27, 2011 Assignment recording information: at Reception No. 961605 in Book 775 at Page 228 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 978125 8/26/2014 10:13 AM LINCOLN COUNTY FEES: $30.00 PAGE 1 OF BOOK: 838 PAGE: 412 CERTIFICATE JEANNE WAGNER, LINCOLN COUNTY CLERK 101 1111111111111 111111111111111111 11 11111 111111111 111111111111 7 Certificate of Sale Louie 14 -02260 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 July 31, 2014 issue of said newspaper and ending with the August 21, 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 August 26, 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 482, 754.00 "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 $1,711.12 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 Louie 14 -02260 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 August 26, 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 26th day of August 2014. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: CHRISTY MISPLAY NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires '7-10 COSPkg SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Title: 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 26th day of August 2014. Publi Witness my hand and official seal. vat" 41 A Nota Certificate of Sale Louie 14 -02260 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 October 3, 2007 (the "Mortgage and recorded on October 4, 2007, at Reception No. 933770 in Book 674 at Page 628 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 Poy A. Louie "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB. 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: October 13, 2011 Assignment recorded: October 27, 2011 Assignment recording information: at Reception No. 961605 in Book 775 at Page 228 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: SENT ELECTRONICALLY TO CLIENT CERTIFIED MAIL NO. FSN: SENT ELECTRONICALLY TO CLIENT BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409* CERTIFIED MAIL NO. NOI: 71969009843000840851 CERTIFIED MAIL NO. FSN: 71969009843000841018 CURRENT RESIDENT 880 Stewart Creek Rd Etna, WY 83118* COSPkg Certificate of Sale Louie 14 -02260 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000840868 CERTIFIED MAIL NO. FSN: 71969009843000841001 Poy A. Louie 880 Stewart Creek Rd Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000840875 CERTIFIED MAIL NO. FSN: 71969009843000841025 Poy A. Louie 1025 W 8000 S Victor, ID 83455 CERTIFIED MAIL NO. NOI: 71969009843000840882 CERTIFIED MAIL NO. FSN: 71969009843000841032 Poy A. Louie PO Box 7732 Jacicson, WY 83002 -7732 CERTIFIED MAIL NO. NOI: 71969009843000840899 CERTIFIED MAIL NO. FSN: 71969009843000841049 Dusty Delynn Jones 880 Stewart CreelcRaod Etna, WY 83118 CERTIFIED MAIL NO. NOI: 71969009843000840905 CERTIFIED MAIL NO. FSN: 71969009843000841056 Dusty Delynn Jones PO Box 7732 Jackson, WY 83002 -7732 CERTIFIED MAIL NO. NOI: 70120470000020052972 CERTIFIED MAIL NO. FSN: 70122210000098742427 Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countywide Home Loans Servicing, LP 400 National Way Simi Valley, CA 93065 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 14, 2014 and the date of the first publication of the notice of foreclosure sale was July 31, 2014. State of Wyoming County of Natrona cx J day of The Castle Law Grd NOTARY PUMA CRYSTAL L BARNES STATE OF t1WOMING iF::4y COUNTY OF NATRC;1A Camm sion Enpire:3 Jan 19, 2015 .erasa�atnaua� art My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 2014 by Lucky McMahon, attorney of counsel, for p, LLC. 3Wn 1-19-15 F(4; By: Lucky M. ahon, of counsel Date The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 Title (and RagIk) fflcer G Certificate of Sale Louie 14 -02260 Page 5 of 7 atec a'. yp os lb tttn a, :ANN' OF AMERICA N A SUCCESSOR R ER O' B tiA 'G'HOME LO ANS SERVICING LP "FKA C■JG COUN, I® rr Lr ANS S RVIIILP s o atheGMrtgagee, will ave h gagee„ot�ec1osed as by law provided by, causing the mortgaged, be so1d atpublic Wenue by the Sheriff or Deputy Sheriff in `V.:6,4 Wyoming to the highest bidder for cash at 1 eii 26 2O .4 at th fron d oor o e f th �L+ inco lnr G96 oo n e t 3*i r ui i 1 ar o sedlocated at 9 5 Sage AvenueKemmerer, WY Lincoln 1�aahon' above described+ amounts secured mo�tga'gedrpreperty being described as follows, to. wit STEbVART,CREEK SUBDIVISION LINCOLN! v, OO LvIiIING A `ONE THE Pe AtiT'I nu u �E t e ER AS RECE IVINGNO. 9 33 479 Wig (re ;LERK, LINCOLN ry©UNTY =WYO NG, tev, Creek un id, fenients thereon s Stier of Deep KEMMERER GA: 'E AFFIDAVIT OF PUBLIC.'IOrt Kemmerer Gazette Kemmerer, Wyoming 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 °7 consecutive issues /weeks; the first publication being on the ,.i day of 20 14-", and the last publication .eing on the c.a day of 'i, 20 /4; and that said adve is =ment appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) For KEMMERER, WYOMING ark Tesoro, Publisher STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN j WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this ,T. 1 day of by ark esor_yDublisher otary Sign A.D., 20 Louie 14 -02260 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona My commission expires: COSPkg Attorney Fees (Foreclosure) Statutory Notice Fee COST PUB FSN 8 -21 -14 SALE ATTENDANCE FEE RECORD CERT. OF SALE SHERIFF'S FEE SALE NOTARY PUBLIC CRYSTAL L BAMvw. STATE OF UdYQa NG COMM' OF NATRO.;iA IF,4 Commission Enniree. =r, 19, 2A5 EXHIBIT C AFFIDAVIT OF ATTORNEY 1 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 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 $1,711.12 as compensation for services actually rendered in the foreclosure proceeding. 1,000.00 90.72 530.40 50.00 30.00 10.00 Total $1,711.12 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. By: Lucky Mc ahon, of counsel Date The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 a 1 This i strument was acknowledged before me on day of St 2014 by Lucky McMahon, attorney of counsel, for The Castle Law Grob•, LLC. Certificate of Sale Louie 14 -02260 Page 7of7