HomeMy WebLinkAbout906102STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
RECEIVED 1/27/2005 at 10:15 AM
RECEIVING # 906102
BOOK: 577 PAGE: 807
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
CERTIFICATE OF PURCHASE
I, ~'-~(~/~/~//~. ,being duly sworn and of legal age, hereby certify that I
am the (Deputy) Sheriff of Lincoln County, Wyoming, and further:
1. That on the 27th day of January, 2005, commencing at or about 10:00 o'clock
A.M., I conducted a public sale upon foreclosure by advertisement and sale, on the steps of the
Lincoln County Courthouse in Kemmerer, Wyoming, of the following described real property:
Lot 9, Block 52 in the Second Addition to the Town of Kemmerer, Lincoln
County, Wyoming, as described on the official plat thereof;
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 attorney representing the holder of the mortgage, EMC Mortgage
Corporation 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 the mortgagee's assignee.
6. The bid at the sale was FIFTY FIVE THOUSAND TWO HUNDRED FIFTY
DOLLARS ($55,250.00).
7. EMC Mortgage Corporation 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 provided by law. ~>~¢.'.~~ ' ~~~ ~.~·
(Deputy) Sheriff
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The~//--//f°re'gging instrument was acknowledged, subscribed and sworn to before
by
me
.-~f'llt~ -7' //[ ~/~ i~_~ , personally known to me this 27th day of January, 2005. Witness my hand and official seal.
ion £xt~ires ~
My Commission Expires:
I DAN DOCKSTADER, Managing Editor of the Star Valley Independent,
published weekly at Alton, Lincoln County, Wyoming, do solemnly swear
that the notice, a copy of which is hereto attached, was published weekly in
the regular and enti. rf, hssue of said newspaper, and not in any supplement
thereof, for ./Z-*-D-C.,c/"- __ consecutive issues,
commencing with the issue date ~T-~..f~C.~ ~.2 3 2004, and
ending with issue dated ~J~'~F'/- ./_~ 2005.
swom re. before me this J -~
·2005.
15, 2008
day of
Notary Public
~D~fault ,~.n~ y~g occured 'on. a hereby, electing to declare the
~Md~ge da"[ed September 20,'-entire: deb~ to be. due and
2061; !~Ven by Robert N:' Scott 'payable as provided by law; and
tolWells Fargo Home:Mortgage,' WHEREAS, no suit or proceed-
Inc., to secure the payment of a: lng has been instituted at law
Promissory N6te in the amount' . to recover the' debt remaining
of SIXTY SIX THOUSAND i: secured by Said Mortgage or
NINE ~ HUNDRED ':FORTY.- anypart thereof:
NINE DOLLARS: ($66~949~00) NOW: THEREFORE, notice. is
of even date: therewith, iWhich: :hereby: given, that '..the above-
Mortgage encUmbered the fol-!: ::desCribed:real property will be
lowing-described real, pr0pertyv 'offered for sale and sold:by the.
Lot 9, Block 52in the Sec0n&; SheriffofLincolnCounty, or his
Addition to the- Town:..:of Deputy, to the highest and best
Kemmerer, Lincoln County. :bidder for cash, at public ven-
Wyoming; ..as described on the due, at the ho~ of I0:00 o'clOCk
of-fidial ~l~tl~ ~er~bf: whiCh A:M.:-.6n.: ith~!'~ .27tti(: day. ~6f::.
Mortgage was duly recorded on January, 2005, that the: amount
'September 25, 200fl in Book
473PR page 537'as.at the Office
of the County .~lerk of Linfoln
CountY, Wy0~ng; and -
dUe and owing'a~ the' date,'i.of'
this' notice is _SIXTy. SE~N...t
THOUSAND
DRED'. TWEN~' SIX"
· WHEREAS; that Mortgage Was LA_RS 'AND TWENTY! SE~.N}
a.~sig~ed to ,EMC MOrtgage CENTS~ ($67:726:27)~-ufipaid:
corporatiofi ~n the 28th day of PrinciPal,:'inter~i 'and ta%d::
ja~uary/'i. ;~'-20¢:4, whiCh plus interest t0di~e"0f the gale.:
Assignment was duly recorded, ' from December 20, '2004i. pLUs
on AugUst !6; 2004, in Book' .att°rnefsfeep.:and c°Sts:
565PR, at page 0103;: at: the' foreclosUre action; 'said ~ale to
Office of the-coUnty C!~kk of:, take:p!a~e at'the.'! frOnt'dOOr :of
LinColfi co¢ntyI Wyoming'; and'~ the LifiC~ln C0dntYlcOUrthoUse
WItEREXS:'the ' default tias: Building; Ke~e~r; Wyoming.
occurred- by' reason of the - DATED "'this'/20th: day of
' Mortgag0r~s :failure ;to pay the'; :: : DeCember;200~'I~ :'
principal and interest, and the::!:'::EMC:Mortg~ge. CorPoration:
[MOrtgage: pr0vidifig: ~hci~t:-: ~h~'~;~p.O. BoX !,/1358 :' ' :: ';:
entire balance will become dUe Irving, TX 7501~4,1358
at the opti°n of the Mortgagee PubliSh Dee; 23& 30, 2004
or its assignees upon default, and Jan. 6 & 13, 2005.
STATE OF WYOMING
COUNTY OF LARAMIE
AFFIDAVIT
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 owner of the subject real property, Robert N. Scott, of
Kemmerer, Wyoming, and that such written notice was sent to the record owner by certified mail
with return receipt mailed to the last-known address of the record owner with such notice by
certified mail at least ten (10) days prior to the commencement of the publication of Notice of
Sale of such real property held by the record owner. I have been informed by my client that this
property is either unoccupied or is occupied by the record owner.
4. The subject real property to be foreclosed by my client, EMC Mortgage
Corporation, is described as follows:
Lot 9, Block 52 in the Second Addition to the Town of Kemmerer, Lincoln
County, Wyoming, as described on the official plat thereof;
5. A copy of the Notice to Owner and the receipt from such mailing is attached
hereto as Attachment "A".
FURTHER AFFIANT SAYETH NOT.
DATED this 20th day of January, 2005(,-~/l~ ,~ , , f,)/)
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 20th day of January, 2005.
Witness my hand and official seal.
/ NOTARY PUBLIC
My Commission Expires: 0~..
Law Offices of
08.1!.0
Don W. Riske*
Peter G. Arnold
James R. Salisbury
· Also admitted
in Colorado
A
Professional Corporation
1720 Carey Avenue, Suite 500
Cheyenne, WY 82001
Facsimile: (307) 634-2234
e-mail Pete@RiskeArnold.com
PETER G. ARNOLD
(307) 634-2002
Please reply to:
P. O. Box 1617
Cheyenne, WY
82003-1617
MOnday, December 13, 2004
Robert N. Scott
1109 Pine Avenue
Kemmerer, WY 83101
Certified Receipt #
91 7108 2133 3930 9203 0288
Re:
EMC Mortgage Corporation/Robert N. Scott
Loan # 2988814:3939-60713616
Dear Mr. Scott:
The purpose of this letter is to advise you that EMC Mortgage Corporation, P.O. Box 141358,
Irving, TX 75014-1358 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 Kemmerer,
Wyoming. The legal description of that property is:
Lot 9, Block 52 in the Second Addition to the Town of Kemmerer, Lincoln County, Wyoming, as
described on the official plat thereof;
You are hereby formally advised that the note you executed on September 20, 2001, is in default~
The mortgage securing that note was recorded in the Lincoln County Clerk's Office on the 25th day
of September,'2001, in Book 473PR, at Page537. Said mortgage was assigned to EMC Mortgage
Corporation on January 28, 2004. That mortgage was filed in the Lincoln County Clerk's office
on August 16, 2004.
As of December 13, 2004, the total indebtedness is $67,633.73. That figure increases by $13.22
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 valid.
The copy of the Promissory Note and Mortgage enclosed with this letter serves as verification of
the debt.
:';':,iq'X:
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.
PGA:krg
Enclosures
STATE OF WYOMING )
)SS.
COUNTY OF LARAMIE )
08'2
2.
34-4-112.
3.
AFFIDAVIT
I, Peter G. Arnold, being duly sworn upon my oath, hereby depose and say that:
I am of legal age and competent to make this oath.
This Affidavit is made to comply with and pursuant to the provisions of W.S. §
That I am an attorney representing the holder of the mortgage, EMC Mortgage
Corporation, 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, EMC Mortgage Corporation, 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 20th day of January, 2005r:-,,, ,.,
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 20th day of January, 2005.
Witness my hand and official seal.
NOTARY PUBLIC
My Commission Expires: