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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 36-2011-CA-053593
Division: L
THE BANK OF NEW YORK
MELLON, SUCCESSOR IN
INTEREST TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE
REGISTERED HOLDER OF
NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2004-1 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2004-1
Plaintiff, v.
JAVIER OTERO; KELLY OTERO; RBS CITIZENS, NATIONAL
ASSOCIATION; CITY OF CAPE CORAL, FLORIDA; CHASE BANK USA, NATIONAL ASSOCIATION;
UNKNOWN TENANT #1;
UNKNOWN TENANT #2;
ALL OTHER UNKNOWN
PARTIES CLAIMING
INTERESTS BY, THROUGH, UNDER, AND AGAINST A NAMED DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAME UNKNOWN PARTIES MAY CLAIM AN
INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Final Summary Judgment dated November 9, 2012 entered in Civil Case No.: 36-2011-CA-053593 of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, wherein THE BANK OF NEW YORK MELLON, SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE REGISTERED HOLDER OF NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2004-1 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2004-1, is Plaintiff, and JAVIER OTERO; KELLY OTERO; RBS CITIZENS, NATIONAL ASSOCIATION; CHASE BANK USA, NATIONAL ASSOCIATION, are Defendants.
CHARLIE GREEN, the Clerk of Court shall sell to the highest bidder for cash online at www.lee.realforeclose.com at 9:00 a.m. on the 9 day of January, 2013, the following described real property as set forth in said Final Summary Judgment, to wit:
LOTS 66 AND 67, BLOCK 904, UNIT 25, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 90 TO 100, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
This property is located at the Street address of: 515 SE 26th Ter Cape Coral, FL.33904
If you are a person claiming a right to funds remaining after the sale, you must file a claim with the clerk no later than 60 days after the sale. If you fail to file a claim you will not be entitled to any remaining funds. After 60 days, only the owner of record as of the date of the lis pendens may claim the surplus.
WITNESS my hand and the seal of the court on November 9, 2012.
CHARLIE GREEN
CLERK OF THE COURT
(COURT SEAL) By: M. Parker
Deputy Clerk
Attorney for Plaintiff:
Elizabeth R. Wellborn, P.A.
350 Jim Moran Blvd, Suite 100
Deerfield Beach, FL 33442 Telephone: (954) 354-3544
Facsimile: (954) 354-3545
FILE # 7525-07816
November 23, 30, 2012 12-05663L