WHEREAS, default in the payment of principal and interest has occurred under the terms of a Promissory Note (the “Note”) dated March 30, 2018, executed and delivered by Dakota Lee Harbour (“Mortgagors”) to Ditech Financial LLC, and a real estate Mortgage (the “Mortgage”) of the same date securing the Note, which Mortgage was executed and delivered by Dakota Lee Harbour and Jessy N. Plato, to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for Ditech Financial LLC, its successors and assigns as Mortgagee, and which Mortgage was recorded on April 6, 2018, at Reception No. 658507, in Book 517, at Page 282 in the public records in the office of the County Clerk and ex-officio Register of Deeds in and for Platte County, State of Wyoming; and
WHEREAS, the Mortgage was assigned for value as follows:
Assignee: NewRez LLC
Assignment dated: April 24, 2020
Assignment recorded: April 24, 2020
Assignment recording information: at Reception No. 678177, in Book 533, at Page 436
All in the records of the County Clerk and ex-officio Register of Deeds in and for Platte County, Wyoming.
WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares to have become operative, and no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or proceeding been instituted and the same discontinued; and
WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the party in possession of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount due upon the Mortgage as of December 31, 2022 being the total sum of $117,558.99, plus interest, costs expended, late charges, and attorneys’ fees accruing thereafter through the date of sale;
WHEREAS, the property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research the status of title before submitting a bid;
WHEREAS, if the foreclosure sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of his/her/its money paid. The Purchaser shall have no further recourse against the Mortgagee, Mortgagor, Servicer or their attorneys;
NOW, THEREFORE NewRez LLC d/b/a Shellpoint Mortgage Servicing, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold at public venue by the Sheriff or Deputy Sheriff in and for Platte County, Wyoming to the highest bidder for cash at 10:00 o’clock in the forenoon on January 26, 2023 on the courthouse steps for the Platte County Courthouse located at 2020 South Street, Wheatland, WY 82201, for application on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit:
Lots 4 and 5, Block 33, Town of Guernsey, Platte County, Wyoming.
With an address of 331 S Wyoming Ave, Guernsey, WY 82214 (the undersigned disclaims liability for any error in the address).
Together with all improvements thereon situate and all fixtures and appurtenances thereto.
Mortgagee shall have the exclusive right to rescind the foreclosure sale during the redemption period. In the event that the sale is rescinded or vacated for any reason, the successful purchaser shall only be entitled to a refund of their purchase price and/or statutory interest rate.
Dated: December 15, 2022 NewRez LLC d/b/a Shellpoint Mortgage Servicing
By:
Shelly M. Casares
Halliday, Watkins & Mann, P.C.
376 East 400 South, Suite 300
Salt Lake City, UT 84111
801-355-2886
HWM File # WY10526
Public Notice No. 11341. To be published in the Platte County Record-Times - December 28, 2022, January 4, 11 and 18, 2023.
