11-05372L

FIRST INSERTION
Re-NOTICE OF
FORECLOSURE SALE
in the circuit court of the TWENTIETH judicial
circuit in and for LEE county, Florida
Case No.: 08-ca-50740 (G)
the bank of new york mellon, as successor indenture trustee under novastar mortgage
funding trust 2006-1,
Plaintiff, vs.
rigoberto aguiar,
mildrey santiago,
Mortgage Electronic Registration Systems, Inc. (Min# 100080190053026621)
unknown tenants in
possession #1 and #2, and all other unknown parties, et.al.,
Defendant(s).
NOTICE IS HEREBY GIVEN pursuant to a Final Summary Judgment of Foreclosure filed February 26, 2009 and Order Rescheduling Foreclosure Sale filed August 9, 2011, entered in Civil Case No.: 08-CA-50740 (G) of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, wherein the bank of new york mellon, as successor indenture trustee under novastar mortgage funding trust 2006-1, Plaintiff, and rigoberto aguiar, mildrey santiago, Mortgage Electronic Registration Systems, Inc., are Defendants.
I will sell to the highest bidder for cash, on the Public Auction website of Lee County, www.lee.realforeclose.com, at 09:00 AM, on the 8 day of September, 2011, the following described real property as set forth in said Final Summary Judgment, to wit:
lots 5 and 6, block 978, unit 26, cape coral subdivision, according to the plat thereof, as recorded in plat book 14, page(S) 117 to 148, inclusive, in the public records of lee county, florida.
If you are a person claiming a right to funds remaining after the sale, you must file a claim with the clerk no later than 60 days after the sale. If you fail to file a claim you will not be entitled to any remaining funds. After 60 days, only the owner of record as of the date of the lis pendens may claim the surplus.
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 on August 9, 2011.
Charlie Green
Clerk of the Court
(SEAL) By: M. Parker
Deputy Clerk
Attorney for Plaintiff:
BRIAN L. ROSALER, Esquire
POPKIN & ROSALER, P.A.
1701 West Hillsboro Boulevard
Suite 400
Deerfield Beach, FL 33442
Telephone: (954) 360-9030
Facsimile: (954) 420-5187
08-20079
August 19, 26, 2011 11-05372L