HomeMy WebLinkAbout978786SHERIFF'S CERTIFICATE OF SALE UPON FORECLOSURE
This Sheriffs Certificate of Sale Upon Foreclosure is made by John P. Stetzenbach
Sheriff /Deputy Sheriff of Lincoln County, State of Wyoming, to Reverse Mortgage Solutions Inc as
purchaser of the property described below at the foreclosure sale held on the 14th day of October, 2014.
Default having occurred in the terms and conditions of the mortgage given by Guenter
Ostmeier, mortgagor, in favor of New Day Financial, LLC, dated September 24, 2012 and recorded
September 28, 2012, as Instrument No. 967128 in the Office of the Clerk of Lincoln County, Wyoming,
given to secure payment of a note in the original amount of 180,000.00. Said note and mortgage
were assigned to Reverse Mortgage Solutions Inc on July 1, 2014. An assignment of mortgage was
recorded on July 18, 2014 as Instrument No. 977589 in the Office of the Clerk of Lincoln County,
Wyoming. A foreclosure sale having taken place on October 14, 2014 on the following described real
property:
which has the address of 80267 Highway 89, Afton, WY 83110.
All prerequisites to foreclosure having been met, election was made to foreclose, pursuant to
W.S. 34 -4 -101, et. Seq., and notice of the foreclosure sale was duly advertised and given pursuant to a
copy of the legal publication attached hereto, and the sale was then held at the date and place provided
therein and the property was sold to Reverse Mortgage Solutions Inc, as the highest bidder at the sale
for the sum of $103,326.03.
By virtue of the sale and the purchaser's payment under the authority of law, I hereby give and
grant this Sheriffs Certificate of Sale to Reverse Mortgage Solutions Inc, whose address is 2727 Spring
Creek Drive, Spring, TX 77373, as Purchaser, which will be entitled to a Sheriffs Deed for the property
at the expiration of the period of redemption, unless the property is redeemed prior to that date as
provided by law. Upon the expiration of the period of redemption, a Sheriffs Deed will be executed,
conveying the property to Reverse Mortgage Solutions Inc, or its assigns, as the holder of this Sheriffs
Certificate of Sale.
Dated this 14th day of October
978786 10/14/2014 10:47 AM
LINCOLN COUNTY FEES: $24.00 PAGE 1 OF 5
BOOK: 841 PAGE: 241 CERTIFICATE
JEANNE WAGNER, LINCOLN COUNTY CLERK
11
11
Please see attached Exhibit A
11
111
STATE OF WYOMING
II
464 coulWq
111
I I
ss.
COUNTY OF Lincoln
11
2014.
Sheri Deputy Slidriff
Lin In County, Wyoming
The foregoing Sheriffs Certificate of Sale Upon Foreclosure was acknowledged before me on
October 14, 2014 ,by John P. Stetzenbach, Deputy Sheriff
Sheriff /Deputy Sheriff for Lincoln County, Wyoming.
14WY00012 -1
Exhibit "A"
A PORTION OF THE NE'hSW' OF SECTION 19, TOWNSHIP 3] NORTH, RANGE 118
WEST, OF THE 6TH P.M., LINCOLN COUNTY, WYOMING, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY BOUNDARY OF HIGHWAY
U.S. 89 RIGHT -OF -WAY AND THE EAST -WEST QUARTER SECTION LINE OF SAID
SECTION 19 AT A POINT WHICH IS WEST 73.78 FEET FROM THE CENTER QUARTER
CORNER OF SAID SECTION 19;
AND RUNNING THENCE WEST, ALONG THE SAID QUARTER SECTION LINE, 598.49
FEET;
THENCE SOUTH 146.29 FEET;
THENCE EAST 506.04 FEET;
THENCE NORTH 10.00 FEET;
THENCE EAST 100.00 FEET TO THE INTERSECTION WITH THE SAID RIGHT -OF -WAY
BOUNDARY;
THENCENORT]IERLY ALONG THE SAID RIGHT -OF -WAY BOUNDARY 136.52 FEET,
MORE OR LESS, FOLLOWING A CURVE WHOSE CHORD IS N 3 °10' W, 136.49 FEET TO
THE POINT OF BEGINNING.
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE
Milnor H. Senior, III, of lawful age, being first duly sworn upon his oath, deposes and says:
1. That he is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm
Randall S Miller Associates, P.C. who are the attorneys representing Reverse Mortgage Solutions, Inc., the
Mortgagee, in a procedure to foreclose a certain real estate mortgage dated September 24, 2012 and recorded on
September 28, 2012 at Instrument No. 967128 in Book 795, at Page 151 from Guenter Ostmeier to New Day
Financial, LLC for the amount of S180,000.00. The Mortgage having been assigned to, and now in possession of,
Reverse Mortgage Solutions Inc., recorded on July 18, 2014 at Instrument No. 977589 in Book 836 at Page 317 in
the records of Lincoln County; by advertisement and sale as provided under the provisions of Wyoming Statute.
§34 -4 -101 through 34 -4 -113. 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(s) and the person(s) in possession by certified mail, return receipt requested, mailed to the last known
address of other record owner and the person(s) in possession at least ten (10) days before commencement of the
first publication of the noticed of the foreclosure sale, 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.
3. That the date of mailing of the Notice of Intent to Foreclose the Mortgage was August 15, 2014 and the date of the
first publication of the Notice of Foreclosure Sale is September 11, 2014.
FURTHER AFFIANT SAITH NAUGHT
Milnor H. Senior, III, Wyoming Atty. Reg. #7 -5297
216 16th Street, Suite 1210
Denver, CO 80202
Phone: 720 259 -6762
STATE OF COLORADO
COUNTY OF DENVER
This instrument was acknowledged before me on the25/ y of 20 14 by Milnor H. Senior, III, as attorney
of Mortgagee.
ss.
STEPHANIE BUTLER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20024
MY COMMISSION EXPIRES OCTOBER 11, 2017
Our File No. 14WY00012 -1
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALE NOTICE
WHEREAS NOTICE IS HERBY GIVEN that default in the pay
mentunder the terms of a secured and perfected Note has occurred. The
Note is secured by a Mortgage dated September 24,2012 and recorded
on September 28,2012 at Reception No. 967128 in Book 795 at Page
151 from Guenter Ostmeier, to New Day Financial, LLC. for the amount
of$180,000.00. The Mortgage having been assigned to, and now in
possession of, Reverse Mortgage Solutions Inc., recorded on July 18,
2014 at Reception No. 977589 in Book 836 at Page 317 in the records
of Lincoln County.
WHEREAS the Mortgage contains a power of sale, which by reason
of default has occurred, the Mortgagee has declared to become operative,
and no suit or proceeding has been instituted to recover the debt secured
by the Mortgage, or any part thereof, nor has any suit or proceeding
instituted and the same discontinued and:
WHEREAS written Notice of Intent to Foreclose by Sale andAdver-
tisement has been served upon the record owner and party in possession
of the mortgaged premises at least ten (10) days prior to commencement
of the publication on September 11,2014, and the amount due upon the
Mortgagee at the date of first publication of this notice of sale being
the total sum of$100,357.32 which consists of the unpaid balance of
$85,200.00, plus'interest accrued to the date of this first publication of
this notice in the amount of $6, 181.89 plus outstanding charges, plus
attorney fees, costs expected and accruing interest and late charges after
the date of first publication of this notice.
WHEREAS this property being foreclosed upon may be subject to
other liens and encumbrances that will not be extinguished at the sale
and any prospective purchaser should research the status of title before
submitting a bid.
NOW, THEREFORE Reverse Mortgage Solutions Inc. as Mortgagee,
will have the Mortgagee foreclosed as by law provided by having the
mortgaged property to be sold at public' venue by the Sheriff or Deputy
Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash
October 14,2014 at 10 :00 a.m. at the front door of the Lincoln County
Courthouse locatedAt,Lincoln County Courthouse, 925 Sage Avenue,
Kemmerer, WY 83101. For application on the above described amounts
secured by the Mortgage, said mortgaged property being described as
follows, to wit: (See attached exhibit A)
Exhibit "A"
A PORTION OF THE NE1 /4SW1 /4 OF SECTION 19, TOWN-
SHIP 31 NORTH, RANGE 118 WEST, OF THE 6TH P.M., LINCOLN
COUNTY, WYOMING, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY
BOUNDARY OF HIGHWAY U.S. 89 RIGHT -OF -WAY AND THE
EAST -WEST QUARTER SECTION LINE OF SAID SECTION 19
AT A. POINT WHICH, IS WEST 73.78 FEET FROM THE CENTER
QUARTER CORNER OF SAID SECTION 19; AND RUNNING
THENCE WEST, ALONG THE SAID QUARTER SECTION LINE,
598.49 FEET; THENCE SOUTH 146.29 FEET; THENCE EAST
506.04 FEET; THENCE NORTH 10.00 FEET; THENCE EAST 100.00
FEET TO THE INTERSECTION WITH THE SAID RIGHT -OF -WAY
BOUNDARY; THENCE NORTHERLY ALONG THE SAID RIGHT -OF-
WAY BOUNDARY 136.52 BEET, MORE OR LESS, FOLLOWING A
CURVE WHOSE CHORD IS N 3°10' W, 136.49 FEET TO THE POINT
OF BEGINNING
With an address of 80267 Highway 89, Afton, WY 83110. Together
with all improvements thereon situated and all fixtures and appurtenances,
thereto.
Reverse Mortgage Solutions Inc.
Milnor H. Senior, III, WY Atty. Reg. No. 7 -2597
216 16th Street, Suite 1210
Denver, CO 80202
Phone: 720 -259 -6710
PUBLISH: .3 Oct. 2, 2014 0911B
1, 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 -2 consecutive issues /weeks;
the first publication being on the
(v_),
day of
day of
and the last f blication
1
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Subscribed in my presence and sworn to
before yFe, on this R c day of
_,ekr /t d A.D., 20 /'4
ROSEMARY CAPELLEN NOTARY PUBLIC
COUNTY OF STATE OF
uNCOLN WYOMING
MY COMMISSION EXPIRES 5/5118
by Publisher
Mark Tesoro, Publisher
i
Notary Sig' ature
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
being on the
,2o J;
Milnor H. Senior, III, Esq., of lawful age, being first duly sworn upon his oath, deposes and says:
1. That he is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm
Randall S. Miller Associates, P.C. who are the attorneys representing the Mortgagee in a procedure to foreclose a
certain real estate mortgage.
2. That Milnor H. Senior, III as attorney's for the Mortgagee, will charge the Mortgagee fees totaling $1736.16 as
compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees: S1000.00
Postage: 594.16
Publication Cost: 5546.00
Conduct Sale: 550.00
Recording Fee Sale Docs: $36.00
Sheriffs Fee Sale: S10.00
Total: S1736.16
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 Randall S. Miller Associates, P.C.. 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 then 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 SAITH NAUGHT
Milnor H. Sefor, III, Wyoming Atty. Reg. #7 -5297
216 16th Street, Suite 1210
Denver, CO 80202
Phone: 720 -259 -6710
STATE OF COLORADO
COUNTY OF DENVER
This instrument was acknowledged before me on the
of Mortgagee.
ss.
AFFIDAVIT OF ATTORNEY
day of VC: 20 1 L J by Milnor H. Senior, III, as attorney
NOT,g R y,
L JB L IC,
Our File No. 14WY00012 -1