HomeMy WebLinkAbout886144STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
CERTIFICATE OF PURCHASE
LINCOLN COUNTY CLERK
I, Scott J. Miller
hereby certif~ that I am the (Deputy) Sheriff of Lincoln County, Wyoming,
and further.
1. That on the 10th day of December, 2002, commencing at or
about 10:00 o'clock A.M., I conducted a public sale upon foreclosure
advertisement and sale, on the steps of the Lincoln County Courthouse in
Kemmerer, Wyoming, of the following described real property.
, being duly sworn and of legal age,
A parcel of land situated within the platted portion of the Town of
Diamondville, Lincoln County, Wyoming, being the-Westerly 120 feet of
Parcel 24, excluding the westerly 15 feet of Lot 5, all in Block 9 of the
Replat of 1942 of said Town, and being more particularly described as
follows:
Beginning at the Northwesterly comer of said Parcel 24; thence N 78°50' E,
120 feet 'to a point; thence S 11° 10'E, 140.0 feet to a point on the North
line of said Lot 5; thence S78°50'W, 15.0 feet to a point being the Northwest
corner of said Lot 5; thence Sl1°10'E, 30.0 feet to a point on the South line
of said Parcel 24; thence S 78°50'W, 105.00 feet to the Southwest corner of
Parcel 24; thence N 11° 10' W, 170.00 feet to the point of beginning.
2. That such sale was Conducted according to 'the statutory
requirements for foreclosure by advertisement and sale as set out in W. S. §
1-18-101 et seq.
3. That such sale was preceded by the publication of proper notice
of the time and place of the sale in a newspaper of general circulation within
Lincoln County, as evidenced by that Affidavit of Publication attached hereto.
4. That the attomey representing the servicer of the mortgage,
Citifinancial, Inc., has executed his Affidavits as required by W.S. § 34-4-
103(a)(iv) and 34-4-112, and the same are also attached hereto. 5. The highest.bidder at the sale was Citifinancial, Inc.
6. The bid at"the sale was TWENTY THREE THOUSAND FIVE
HUNDRED .DOLLARS ($23,500.00).
7. Citifinancial, Inc., is entitled to a Deed to such property at the
expiration of the Statutory period of redemption, unless Such property is
redeemed prior to that date as a by~aw~,/.~.~,/ ./~,~
provided by law.
-(Deputy) ~heriff
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregpi~g instrumer~ti~s acknowledged, subscribed and sworn to
before me by. ~J(0-(,.[ i: ~';7~ L?[,( t ~:' {'~ ;%., , personally ~own to me ~is
10th day of
Witness my h~d ~d offici~ s~l.
My Co~ission Expires: I 'J~ P~o~a~ --
STATE OF WYOMING
COUNTY OF LARAMIE
AFFIDAVIT
659
I, Peter G. Arnold,. being duly sworn upon my oath, hereby depose and
state that:
1. I am of legal age and competent to make this oath.
2. This Affidavit is made in compliance with and pursuant to W.S.
§34-4-103(a)(iv).
3. That a written Notice of Intent to Foreclose a Mortgage by
advertisement and sale has been served upon the record owners of the
subject real property, Harold D. Portlock and Jo Portlock of Diamondville,
Wyoming, and that such written notice was sent to the record owners by
certified mail with return receipt mailed to the last-known address of the
record owners at least ten (10) days prior to the commencement of the
publication of Notice of Sale of such real property held by the record
owners. I have been informed by my client that this property is either
unoccupied or is occupied by the record owners.
4. The subject real property to be foreclosed by my client,
Citifinancial, Inc., is described as follows:
A parcel of land situated within the platted portion of the Town of
Diamondville, Lincoln County, Wyoming, being the Westerly 120 feet of
Parcel 24, excluding the westerly 15 feet of Lot 5, all in Block 9 of the
Replat of 1942 of said Town, and being more particularly described as
follows:
Beginning at the Northwesterly corner of said Parcel 24; thence N 78'50' E,
120 feet to a point; thence S 11' 10'E, 140.0 feet to a point on the North
line of said Lot 5; thence S78°50'W, 15.0 feet to a point being the Northwest
comer of said Lot 5; thence S 11' 10'E, 30.0 feet to a point on the South line
of said Parcel 24; thence S 78'50'W, 105.00 feet to the' Southwest corner of
Parcel 24; thence N 11'10' W, 170.00 feet to the point of beginning.
5. A copy of the Notice to Owners and the return receipt from such
mailing is attached her~ as Attachment "A".
FURTHER AFFIANT SAYETH NOT.
DATED this ,~rd. day ofDecemb~~_~ , ~, {~
PETER G. A~.~J~D, Affiant ..
STATE OF WYOMING )
)SS,
COUNTY OF LARAMIE )
The foregoing instrument was acknowledged, subscribed and sworn to
before me by Peter G. Arnold, personally known to me this ~ ~L day of
December, 2002.
Witness my hand and official seal.
~ ~ N~TARY PUBLIC
My Commission Expires: ~.//_~-
0SS¢;1.44
THE STATE OF WYOMING}
}ss
County of Lincoln }
PROOF OF PUBLICATION
1:;58
Nnv 2.5 200Z
RISKE & ARNOLD Pi:;
Gib Mathers first duly sworn deposes and says that h._~.e is an employee of the KEMMERER
GAZETTE, a newspaper of general circulation, published at Kemmerer, Lincoln County, in
the State of Wyoming..
That the notice, a true copy of which is hereto attached, was published on the 31st
day of October ,2002 and was published in each succeeding week until the 21st day of
November , 2002 being a period of __4__ successive week(s). That said newspaper is
published weekly, on Thursday of each week.
/
Subscribed and sworn to before me, the ] ~ ,2002.
NOTICE OF. FORECLOSURE ~
,. D.e!~lt .hay. rog .oc.c~rred on 'a M0rtgagedated June 17, 1997, given
~aroia i"0rtluc~,ana .to ~'ortluck to AVCO Financial Services of Idaho Fall~,
/nc., to secure me payment of Promissory Note in the amount of FIFT~'
THOUSAND FOUR HUNDRED ONE DOLLARS ($50~401.00) of e~,cn da'f~
therewith, which Mortgage encumbered the following,described real pro
erty: . · .,, .
A parcel of land situated within the plattb~l portion of the Town
Diamondville, 'Lincoln County, Wyoming, being the Westerly 120 feet of
Parcel 24, excluding the westerly 15 feet of Lot 5, all'in Block 9 of the RePla[
of 1942 of said Town, and being more particUiarly described as follbws:.
i ~ ~.eginning a! t.h:e Northwe~terl~y. corner of said Parcel 24; thence N 78°50'E'
gu ]eet to a point, thence S 11 ° I 0 E, 140 0 feet to a omt on '
· p ' ~the North line ~f
said Lot 5; thence S 78°50'W, 15.0 feet to a point being the Northwest corner
of said LotS; thence S 11 '~ 10 ', 30 0 feet to a point on !he South line of said Parcel
24; thence S 78°50'W, 105.00 feet to the Southwest corner of Parcel 24; thenc~
N I l °l 0'W, 170.00 feet' to the point of beginning.
Which Mortgage was duly recorded on July 3, 1997, in Book 399PR, Pag~
47, at the Office of the County Clerk of Lincoln County, Wyoming; and
WHEREAS, AVCO Financial Services of idaho Falls, Inc., is now known
as Associates, a Division of Citifinancial, Inc., and Citifinancial, Inc. has
authority tb foreclose this mortgage;.and
t WH.EREA. Si.'the' def..ault has occurred by reason of th~'Mortgagors' failure
o pay me pnnctpal ano interest and the Mortoaoe -rovidin~ ,~, .~- .....
- , .,, . ' ~ ~ 1~' ~ tlmt tHC ~llLll'e
~ea/f~?t~ a~;!l. ?c.o. me~ due at,the option of the Mortgagee or its assignees upoh
, na me Mortgagee hereby electing to declare the entire d~bt to be dale
and payable as provided by law; and
WHEREAS, no suit or proceeding has been instituted at law to recover the
debt remaining secured by said Mortgage or any Pan thereof; '
NOW THEREFORE, notice is hereby given that the above-described real
property will. be offered for Sale and sold by the Sberiff of Lincoln County,
hi,.s.D~ e..p. uty;~o the highest and best bidder for cash, at public vendue at the hour
or t o:oO o'clock A.M. on the 10th day of December 2002 fha* m~. ~,~, .~..'
and owing at Ihe date of this notice is FIi~TY TWO THOUSAND SEVE~
· HUNDRED FII~TY NINE DOLLARS AND SIXTY SIX CENTS ($52,759.
unpaid principal, interest and taxes, plus interest to date of the sale from
OCTOBER 22, 2002, plus attorney's fees and costs Of the foreclosure action',
said sa~e to take place at the front door of the Lincoln County C0urthousg:
Building, Kemmerer, Wyoming. -
DATED this 22nd day of Octobe,.r 2002. · "
Citifinancial, ln~'.
P.O. Box 40'7
Oct. 31-Nov. 7-14-21 Hanover, MD 21076
: ::
day of
Notary Public,' Lincoln County, Wyo.
My commission expires on
the 9th day of March, 2005
~ Kathleen Rosas - Notary ~
t Countyof ~ Stateof I
~ LIAcoln ~ Wyoming
660
I:~W. ~
Peter G. Arnold
James R. Salisbury
* Also admitted
h Oatla:b
Law Offices of
RISKE& AR:N OLD
A Profe~alonal Corporation
1720 Carey Avenue, Suite 500
Cheyenne, WY 82001
Facsimile: (307) 634-2234
e-mall Pe~e@RlskeArnold.com
PETER G. ARNOLD
(aoT) e34.alxm
Please reply to:
P. O. Box 1617
8200~-1817
TueSday, September 24, 2002
Harold D. Portlock & Jo Portlock
P.O. Box 547
Sanders, AZ 86512
Certified Receipt # 7000 1670 0013 5324 8957
Associates Financial Services Company, Inc. / Portlock, Harold D.
Loan # 20-0051-0256057
Dear Mr. & Mrs. Portloclc
The purpose of this lette~ is to advise you that Associates Financial Services
Company, Inc, a Division of Citiflnancial, Inc., P.O. Box 407, Hanover, MD
21076, has accelerated the maturity date of your loan and has directed me
to proceed with foreclosure by advertisement and sale of your property
located in Diamondville, Wyoming. Thc legal description of that property is:
A parcel of land situated within the platted portion of the Town of
Diamondville, Lincoln County, Wyoming, being the Westerly 120 feet of
Parcel 24, excluding the westerly 15 feet of Lot 5, all in Block 9 of the
Replat of 1942 of said Town, and being more particularly described as
foUows:
Beginning at the Northwesterly comer of said Parcel 24; thence N 78'50' E,
120 feet to a point; thence S 11° 10'E, 140.0 feet to a point on the North
line of said Lot 5; thence S78'50'W, 15.0 feet to a point being the Northwest
comer of said Lot 5; thence S 11' 10'E, 30.0 feet to a point on the South line
of said Parcel 24; thence S 78'50'W, 105.00 feet to the Southwest corner of
Parcel 24; thence N 11'10' W, 170.00 feet to the point of beginning.
You are hereby formally advised that the note you executed on June 17,
1997, is in default. The mortgage securing that note was recorded in thc
Lincoln County Clerk's Office on the 25th day of June, 1997, and re-
recorded on July 3, 1997, in Book 399PR, at Page 47.
661
As of September 24, 2002, the total indebtedness is $52,919.44. That
figure increases by $1~§. 18 per day for each day the note remains in default.
Copies of the note, mortgage and assignment are attached to this letter for
your reference.
Pursuant to Public Law 99-361, known commonly as the Federal Fair Debt
Collection Practices Act, you are advised that unless you dispute the validity
of this debt or any portion thereof within thirty (30) days after your receipt
of this letter, the debt will be assumed to be valicL
The copy of the Promissory Note and Mortgage enclosed with this letter
serves as verification of the debt.
If you dispute the amount of the debt in writing within that 30.day period, I
will obtain additional verification of the debt. Once I have sent verification of
the debt, the foreclosure action will continue.
You should consider this as formal notice of the mortgage holder's intent to
foreclose by advertisement and sale as provided in Chapter 4 of Title 34 of
the Wyoming Statutes. You will receive no further direct notice. However, a
Notice of Foreclosure including your name will appear in the local
newspaper ten (10) days after the date of this letter.
Contact me if you have any questions.
Sincerely,
~t~
PGA:krg
Enclosure~
· co,mPl¢6, itemSl 2, and 3. Also complete
item'4 if Restricted Delivery is desired.
· Pr!nt your name and address on the reverse
so that we can return the card to you,
· Attach this card to the back of the mailpiece,
. @_r.on the front if space permits.
1. Article Addressed to:
I-Iarold D. & Jo Portlock
P.O. Box 547
.Sanders, AZ 86512
3. Service Type
~ Certified Mall [] Express Mail
[] Registered [] Return Receipt for Merchandise
[] Insured Mall [] C.O.D,
4. Restricted Delivery? (Extra Fee) [] Yes
2. Article Number (Copy from service/abe/)
?000 1670 00:[3 5324 8957
PS Form 3811, July 1999 . Domestic Return Receipt 102595-00-M-0952
STATE OF WYOMING
COUNTY OF LARAMIE
AFFIDAVIT
I, Peter G. Arnold, being duly sworn upon my oath, hereby depose and
say that:.
. 1. I am of legal age and competent to make this oath.
2. This Affidavit 'is made to comply with and pursuant to the
provisions of W.S. § 34-4-112.
3. That I am an attorney representing the servicer of the mortgage,
Citifinancial, Inc., in the foreclosure proceeding to be conducted in Lincoln
County, and that I am admitted to practice law in the State of Wyoming, and
reside therein.
4. There has been and is no Agreement, express or implied,
between me and my client, Citifinancial, Inc., nor is there any agreement,
express or implied, between me or any other person for any sharing or
division of the attorney's fees which are to be added to and considered as a
cost of the foreclosure sale to be conducted in the above county.
5. The fee referred to in the Notice of Foreclosure published in the
above county as added to the principal and interest debt of the Mortgagors
shall be the only compensation for services actually rendered in the
foreclosure proceeding by me.
FURTHER AFFIANT SAYETH NOT.
DATED this ,_'~day of December,~002.
PE~TER G. ARNO~L~, A~fia~t "X,
STATE OF WYOMING )
)SS.
COUNTY OF LARAMIE )
The foregoing instrument was acknowledged, subscribed and sworn to
before me by Peter G. ~A~:n~ ~old, personally known to me this ,~ v~t . day of
December, 2002.
Witness my hand and official seal.
- I~ARY PUBLIC
My Commission Expires: ~_//. 0~_~