HomeMy WebLinkAbout900986CERTIFICATE OF SALE
900986
STATE OF WYOMING' )
)ss.
COUNTY OF LINCOLN )
REuEIVr_D
LINCOL?,I COUHTY CLERK
Lee Gardner 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 November 23, 1999, executed and delivered by
Stephen G. Hoffine, Jr. , a single man and Annette Green, a single woman to
Wells Fargo Home Mortgage Inc. f/k/a Norwest Mortgage, Inc. and (b) that
certain mortgage dated November 23, 1999 (the "Mort.qaqe"), securing said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on November 24, 1999, as/in Book 438 PR at
Page 703, 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 No, 5, Three Rivers Meadows Estates Subdivision
'°A", LincOln County, Wyoming, being part of the
SW1/4 SW1/4 and NW1/4SW1/4 of Section 28, T37N,
R118W, of the 6th P.M., Lincoln County, Wyoming
with an address of
446 Meadows Drive, Alpine, WY 83128
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
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, Wells Fargo Home Mortgage
Inc. ("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 17, 2004 issue of said
newspaper and ending with the July 8, 2004 issue thereof; that said notice did
comply in all respects with the requirements of the statutes relating to
foreclosures of mortgages by advertisement and sa!e; 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 13, 2004 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
17046
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0 900 8 5
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
$158,000.00 (ilBid Sum"), which was bid and offered by Wells Fargo Home
Mortgage Inc. ("Successful Bidder") and that after soliciting and calling for other
and higher bids therefor, 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 aw provided.
7. That the sum of $600.00 is to be paid to Brown, Drew and
Massey, LLP, 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.
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 13, 2004, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
D~T~D at Kemmerer,
Lincoln County, State of Wyoming, this
,2004.
By:
Print Name:
Title:
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
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ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
'The foregoing instrurr~t was subscrib'~hs[ in ImY presence
acknowledged before me by
Dep_.uty~ 9t)eriff of Lincoln County~-S~te of' V~yomi~,-~l~is- /:.-~ day
~j) j-A/ , 2004.
~'") ~ / Witness my hand and official seal.
and
of
My Commission Expires:
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING )
) ss.
COUNTY OF NATRONA )
P. Jaye Rippley 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 Brown, Drew & Massey,
LLP, who are the attorneys representing the Mortgagee in a procedure to
foreclose a certain real estate mortgage dated November 23, 1999 (the
"Mortqaqe"), and recorded on November:24, 1999 as/in Book 438 at Page 703 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 Stephen G. Hoffine, Jr. and
Annette Green, a single man and a single woman ("Mortgagor(s)"), the named
mortgagor(s), and Wells Fargo Home Mortgage Inc. f/k/a Norwest Mortgage, Inc.
is the named mortgagee; by advertisement and sale as provided under the
provisions of Wyo. Stat. §§ 34-4-101, et seq. (1999). 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: ..
CERTIFIED MAIL NO. 7003 3110 0001 4261 5325
Stephen G. Hoffine, Jr.
446 Meadows Drive
Alpine, WY 83128
CERTIFIED MAIL NO.7003 3110 0001 4261 5318
Annette Green
446 Meadows Drive
Alpine, WY 83128
CERTIFIED MAIL NO 7003 3110 0001 4261 5271
Stephen G. Hoffine Jr.
2258 N 9th St.
Laramie, WY 82072
CERTIFIED MAIL NO. 7003 3110 0001 4261 5264
Annette Green
2258 N 9th St.
Laramie, WY 82072
CERTIFIED MAIL NO 7003 3110 0001 4261 5257
Stephen G. Hoffine, Jr.
P.O. Box 6373
Jackson, WY 83002
CERTIFIED MAIL NO. 7003 3110 0001 4261 5240
Annette Green
P.O. Box 6373
Jackson, WY 83002
CERTIFIED MAIL NO.7003 3110 0001 4261 5288
Conseco Finance Servicing Corp.
3500 Yankee Drive Suite 400
Eagan, MN 55121
CERTIFIED MAIL NO. 7003 3110 0001 4261 5301
Occupant
44.6 Meadows Drive
Alpine, WY 83128
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was June 2, 2004 and the date of the first publication of the notice
of foreclosure sale was June 17, 2004.
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FURTHER AFFIANT SAYETH NAUGHT.
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Rippley this _
S,~bscribed/i~ my presence and sworn to before me by P. Jaye
'~/' day of//(~z/_~. ,2004.
Witness my hand and official seal.
My Commission Expires: .
BARBARA A. RASMU~3EN-NOI'ARY PUBLIC
xplre~ Janualy 23, '2008
669
EXHIBIT B
PROOF OF PUBLICATION
THE STATE OF WYOMING }
}ss
County of Lincoln }
Roger Capellen. first duly sworn deposes and says that he/she is an employee of the
KEMMERER GAZETTE, a newspaper of general circulation, published in Kemmerer,
Lincoln County, in the State of Wyoming.
That the notice, a true copy of which is hereto attached was published on the /~~z/7
day of ~(~Z/,~ ~ ,2004 and was published in each succeeding week until the
~ day of ~/~/.t/~/ ,2004 being a period of. ~/ successive
week(s). That said newspaper is published week on Thursday of each week.
~ ~er C~pellen
Subscribed and sworn to before me, the ,/~ CA day of .~z 5c/ ,
r
2004
under the term" ' a~ro
Green "a. siagfg'wo~.:[~o~ga or(~U~g ~elis}~arg0~H0m~}~°~pg~, Notary Pu~ic, L, ncoln County, Wyom,ng
' ' 6~ a e Inc ag :a r al estate mongage [tg~ tvtort-
Inc f~/a Norwest M g g ' ', ~' ~ .:.. -~.~:*,. ~. ~ ' My Commission Expires on
eT) 9.' the s, e4~ se~rin~Lhe
· ' fi~ ...... ~ " '~'-: ~:~ffid'~~ ~'ister of'~' ~ds ~n ~ ~or
4[h.,. ~,W ...... ..,~.. ·
p~oce¢~g beeg/jh~
· ' in
tiao~nt m~d"~ ;om-
rem:st
Of sale;
"~e o~nel of
~,law:
:the
at
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING )
)SS.
COUNTY OF NATRONA )
P. Jaye Rippley, 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 Brown, Drew &
Massey, LLP, who are the attorneys representin9 the Mortgagee in a procedure
to foreclose a certain real estate mortgage.
2. That Brown, Drew & Massey, LLP, as attorneys for the
Mortgagee will charge the Mortgagee fees totaling $600.00 as compensation for
services actually rendered in the foreclosure proceeding. ..
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 Brown, Drew & Massey, LLP. 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 NAUGHT.
(,// POJaYe R~le~-
of Brown, Drew & Mas~/y, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234:1000
Subscribed_in my presence and sworn to before me by P
this 4~ day of("~¢/.,~/¢~, ,2004.
Witness my hand and official seal
My Commission Expires:
r' B'ARBA~,~ A. RAI~MU~BEN-NOTARY PUBLIC
Co ¢ ' %
/ Natrona ~ Wyoming
~ My Cemml~ioll E~pl[e~ January 23 2008
Jaye Rippley
/,/'"~otary Public /
./
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