11-05473L

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. 09-CA-050120 (H)
THE BANK OF NEW YORK
MELLON, AS SUCCESSOR TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST 2004-3,
Plaintiff, vs.
JAMES S. TALLEY, et al
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Summary Final Judgment in Foreclosure filed December 10, 2010 and entered in Case No. 09-CA-050120 (H) 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 2004-3, is Plaintiff and JAMES S. TALLEY; ELLEN S. TALLEY; __, UNKNOWN SPOUSE OF JAMES S. TALLEY, IF ANY; __, UNKNOWN SPOUSE OF ELLEN S. TALLEY, IF ANY; JOHN DOE OR ANY OTHER PERSON IN POSSESSION are the Defendant(s), the clerk will sell to the highest and best bidder for cash at the www.lee.realforeclose.com at 09:00 a.m., on the 19 day of September, 2011, the following described property as set forth in said Order or Final Judgment, to wit:
SEE EXHIBIT “A” ATTACHED HERETO

Street Address: 1921 SUNSET PLACE, FORT MYERS, FLORIDA 33901

LOT 17, BLOCK A, A RESUB OF BLOCKS C, AND PART OF BLOCK D, OF THAT CERTAIN SUBDIVISION KNOWN AS CORONADO SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN PLAT BOOK 9, PAGE 3, PUBLIC RECORDS OF LEE COUNTY, FLORIDA
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 18 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
Aug. 26; Sept. 2, 2011 11-05473L