11-05248L

FIRST INSERTION
NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA
Case No. 08-ca-050093 (L)
the bank of new york
mellon, as successor trustee under novastar mortgage funding trust 2005-3
Plaintiff, vs.
frank varela, et al
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Summary Final Judgment in Foreclosure filed December 10, 2010 and entered in Case No. 08-CA-050093 (L) of the Circuit Court of the 20TH Judicial Circuit in and for LEE County, Florida, wherein the bank of new york mellon, as successor trustee under novastar mortgage funding trust 2005-3 is Plaintiff and frank varela; ___, unknown spouse of frank varela, if any; john doe or any other part in possession; are the Defendants, I will sell to the highest and best bidder for cash at www.lee.realforeclose.com at 09:00 a.m., on the 2 day of September, 2011, the following described property as set forth in said Order or Final Judgment, to wit:
lots 1 & 2, block 2135, unit 32, cape coral subdivision, according to the plat thereof as recorded in plat book 16, pages 1 thru 13, inclusive, public records of lee county, florida.
Street Address: 2119 ne 15 ave. cape coral, florida 3390
Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the lis pendens, must file a claim within sixty (60) days after the sale.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Court Operations Manager whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
WITNESS my hand and the seal of the Court this 3 day of August, 2011.
Charlie Green
Clerk of the Circuit Court
(SEAL) By: M. Parker
As Deputy Clerk
MOSKOWITZ, MANDELL,
SALIM & SIMOWITZ, P.A.
800 Corporate Drive, Suite 500
Fort Lauderdale, FLORIDA 33334
August 12, 19, 2011 11-05248L