12-2168M

FIRST INSERTION
NOTICE OF SALE
PURSUANT TO CHAPTER 45
in the circuit court of the 12th judicial circuit,
in and for
MANATEE county, florida
CASE NO. 2008-CA-008910 (D)
THE BANK OF NEW YORK
MELLON, AS SUCCESSOR TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST 2005-3
Plaintiff, vs.
BRIAN J. WEISSINGER, ET AL
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Summary Final Judgment in Foreclosure dated June 25, 2012 and entered in Case No. 2008-CA-008910 (D) of the Circuit Court of the 12TH Judicial Circuit in and for MANATEE County, Florida, wherein THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST 2005-3 is Plaintiff and BRIAN J. WEISSINGER; __, UNKNOWN SPOUSE OF BRAIN J. WEISSINGER, IF ANY; JOHN DOE OR ANY OTHER PARTY IN POSSESSION; HIGGINS GAYHEART; are the Defendants, R.B. “CHIPS” SHORE III, the clerk of the court will sell to the highest and best bidder for cash at the WWW.MANATEE.REALFORECLOSE.COM of the MANATEE County Courthouse, in MANATEE County, Florida, at 11:00, on the 24th day of August, 2012, the following described property as set forth in said Order or Final Judgment, to wit:
LOT 121, PALMETTO SKYWAY REPLAT, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE(S) 15, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA

Street Address: 4818 COMMONWEALTH RD, PALMETTO, FLORIDA 34221
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 Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941) 741-4062, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
DATED July 24, 2012
By: Scott E. Simowitz, Esq.
FBN: 0306207
81746
MOSKOWITZ, MANDELL, SALIM & SIMOWITZ, P.A.
Attorneys for Plaintiff
800 Corporate Drive, Suite 500
Fort Lauderdale, FLORIDA 33334
(954) 491-2000
(954) 491-2051 (TELEFAX)
August 3, 10, 2012 12-2168M