12-01208L

FIRST INSERTION
NOTICE OF SALE PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CASE NO.: 08-CA-010757
EMIGRANT MORTGAGE COMPANY, INC., a Foreign Profit Corporation,
Plaintiff, v.
NICOLAS FILECCIA,
JOSEPHINE FILECCIA
JOHN DOE, and JANE DOE, PEDRO'S CONCRETE PUMPING CORP., GULF COAST PRECAST, INC., and GERALD MIXON d/b/a GERALD MIXON CONCRETE,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Final Judgment of Foreclosure filed October 28 2011 and entered in Case No. 08 CA 010757 of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, wherein Emigrant Mortgage Company is Plaintiff, and Nicholas Fileccia, et al., are Defendants, The Clerk will sell to the highest and best bidder for cash at www.lee.realforeclose.com at 9:00 a.m. on the 5 day of April, 2012, the following described property as set forth in said Final Judgment, to wit:
Property 1: 2802 SW 51st ST, Cape Coral, FL 33914-6037

Property 2: 417 SW 7th Terrace SW, Cape Coral, Florida 33914,

Property 3: 415/421 SW 47th Terrace, Cape Coral, Florida, 33914.

Legal Descriptions art attached hereto as Exhibits “A” and “B”.

EXHIBIT A

A portion of Eternity Canal Right-of-Way lying South of Lots 1 and 2, Block 5008, Cape Coral, Unit 72, according to the Plat thereof recorded in Plat Book 23, Page 19 of the Public Records of Lee County, Florida being more particularly described as follows:

A parcel of land South of, adjoining and adjacent to Lots 1 and 2, Block 5008, Cape Coral, Unit 72, as recorded in Plat Book 23, Page 19 in the Public Records of Lee County, Florida, described as follows per a survey made by Wayne C. Greathouse, PLS# 3877 in August, 1993:

BEGINNING at the Southwest Corner of Lot 1, Block 5008, on the West right of way line of Sands Boulevard,

THENCE South 19 degrees 02' 28” West 81.60 feet, to the West end of the existing bridge wingwall,

THENCE North 37 degrees 09' 40” West, 96.65 feet to the Southern Common Center between Lots 2 and 3, Block 5008,

Thence 89 degrees 55' 28” East, 85.00 feet along all of the South Line of Lots 1 and 2, Block 5008, to the POINT OF BEGINNING, containing a computed area of 3277 square feet of land.

Subject to existing drainage easements. Subject also to a right-of-way easement across the entire quit claimed area for public utilities, drainage, and canal and/or bridge maintenance.

EXHIBIT B

Lot 9, 10, 11 and 12, Block 1705, of that certain subdivision know as Cape Coral Unit 44, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, Lee County, Florida, in Plat Book 21, Pages 104 through 112, inclusive.
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.
Dated this 7 day of March, 2012.
CHARLIE GREEN, Clerk
Circuit Court
(SEAL) By K. Dix
Deputy Clerk
Becker & Poliakoff, P.A.
Attorneys for Plaintiff
121 Alhambra Plaza, 10th Floor
Coral Gables, FL 33134
(305) 262-4433
(305) 442-2232 Fax
Steven M. Davis
Florida Bar #894249
March 16, 23, 2012 12-01208L