12-6587W

RE-NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT FOR ORANGE COUNTY, FLORIDA. CIVIL DIVISION
CASE NO.
482009CA031604XXXXXX
the bank of new york mellon fka the bank of new york as trustee for the certificateholders of cwalt 2005-38,
Plaintiff, vs.
robert pilarte;
et al.,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Order or Summary Final Judgment of foreclosure dated 4/15/2010 and an Order Resetting Sale dated October 12, 2012 and entered in Case No. 482009CA031604XXXXXX of the Circuit Court in and for Orange County, Florida, wherein the bank of new york mellon fka the bank of new york as trustee for the certificateholders of cwalt 2005-38 is Plaintiff and robert pilarte; virginia pilarte; third federal savings and loan association of cleveland; hunter's creek community association, inc.; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, are Defendants, LYDIA GARDNER, Clerk of the Circuit Court, will sell to the highest and best bidder for cash at www.myorangeclerk. realforeclose.com at Orange County, Florida, at 11:00 A.M. on the 13th day of November, 2012, the following described property as set forth in said Order or Final Judgment, to-wit:
lot 69, hunters creek tract 520, according to the plat thereof, as recorded in plat book 47, pages 109 through 114, inclusive, of the public records of orange 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 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 ADA Coordinator, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 8362303, 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.
Pursuant to Florida Statute 45.031(2), this notice shall be published twice, once a week for two consecutive weeks, with the last publication being at least 5 days prior to the sale.
DATED at Orlando, Florida, on Oct 23, 2012.
By: Bryan S. Jones
Florida Bar No. 91743
SMITH, HIATT & DIAZ, P.A.
Attorneys for Plaintiff
PO BOX 11438
Fort Lauderdale, FL 333391438
Telephone: (954) 5640071
Facsimile: (954) 5649252 1183-73710
November 1, 8, 2012 12-6587W