11-05752L

FIRST INSERTION
RE-NOTICE OF
FORECLOSURE SALE
in the circuit court of the 20th judicial circuit, in and for lee county, florida
civil division
CASE NO. 08-CA-051186
THE BANK OF NEW YORK
MELLON, AS SUCCESSOR INDENTURE TRUSTEE UNDER NOVASTAR MORTGAGE
FUNDING TRUST 2006-1
Plaintiff, vs.
BIRCHEL M. RALPH;
UNKNOWN SPOUSE OF BIRCHEL M. RALPH; IDESTA RALPH; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR NOVASTAR MORTGAGE, INC.; DAVID A. SACK;
UNKNOWN SPOUSE OF
DAVID A. SACK; UNKNOWN PERSON(S) IN POSSESSION OF THE SUBJECT PROPERTY;
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Order Rescheduling Foreclosure Sale Filed September 6, 2011, and entered in Case No. 08-CA-051186, of the Circuit Court of the 20th Judicial Circuit in and for LEE County, Florida. THE BANK OF NEW YORK MELLON, AS SUCCESSOR INDENTURE TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST 2006-1 is Plaintiff and BIRCHEL M. RALPH; UNKNOWN SPOUSE OF BIRCHEL M. RALPH; IDESTA RALPH; DAVID A. SACK; UNKNOWN SPOUSE OF DAVID A. SACK; UNKNOWN PERSON(S) IN POSSESSION OF THE SUBJECT PROPERTY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR NOVASTAR MORTGAGE, INC.; are defendants. I will sell to the highest and best bidder for cash on the 6 day of October, 2011, at: www.lee.realforeclose.com, the Clerk's website for online auctions at 9:00 a.m., the following described property as set forth in said Final Judgment, to wit:
LOT 53 AND 54, BLOCK 5637, UNIT 85, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24, AT PAGES 49 THROUGH 58 INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
A 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 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.
Dated this 6 day of September, 2011.
CHARLIE GREEN
As Clerk of said Court
(SEAL) By S. Hughes
As Deputy Clerk
KAHANE & ASSOCIATES, P.A.
8201 Peters Road, Ste.3000
Plantation, FL 33324
Telephone: (954) 382-3486
Telefacsimile: (954) 382-5380
September 16, 23, 2011 11-05752L