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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CASE NO. 11-CA-052113
Judge: Keith R. Kyle
CIVIL DIVISION
EVERBANK, a Federal Savings Bank, as successor in interest to BANK OF FLORIDA-SOUTHWEST,
Plaintiff, vs.
DONALD P. OBEN, individually; LAURA M. MARTIN, individually; STATE OF FLORIDA DEPARTMENT OF REVENUE, a Florida governmental entity; LEE COUNTY, FLORIDA, a political subdivision of the State of Florida; and UNKNOWN OWNERS / TENANTS/SPOUSES IN POSSESSION,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Stipulated Final Summary Judgment of Foreclosure entered in Case No. 11-CA-052113, of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, wherein EVERBANK, a federal savings bank, is the Plaintiff, and DONALD P. OBEN, individually; LAURA M. MARTIN, individually; STATE OF FLORIDA DEPARTMENT OF REVENUE, a Florida governmental entity; and LEE COUNTY, FLORIDA, a political subdivision of the State of Florida, are the Defendants, and Chapter 45, Florida Statutes, that the Clerk of the Court will sell to the highest and best bidder for cash on March 24, 2014, via the Internet at www.lee.realforeclose.com at 9:00AM, or as soon thereafter as the sale may proceed, the following described property as set forth in said Final Judgment:
A lot or parcel of land lying the Southwest 1/4 of Section 7, Township 46 South, Range 24 East, lying Southeasterly of the Fort Myers Beach Road (State Road #865) which lot or parcel is described as follows:
From the Northeast corner of said Southwest 1/4 run South along the East line of said Southwest 1/4 for 874.76 feet; thence deflect 59° 00'00” to the right and run South 58° 07'30” West for 620.05 feet to an intersection with the Southwesterly right of way line (50 feet from the center line) of State Road #865 (Fort Myers Beach Road), thence continue South 58° 07'30” West along said Southeasterly right of way line for 50 feet to the Point of Beginning; from said Point of Beginning continue South 58° 07'30” West along said Southeasterly line for 50 feet; thence run Southeasterly perpendicular to said State Road for 200 feet; thence Northeasterly parallel with and 200 feet from said State Road for 50 feet to an intersection with a line perpendicular to said State Road running Southeasterly through the Point of Beginning; thence run Northeasterly along said line for 200 feet to the Point of Beginning.
Also known as Lot 2, Block 1, TIP TOP ISLES, Unit 1, Plat Book 13, Page 146. (NOT PART OF THE PLAT).
Lots 3 and 4, Block 1, of that certain subdivision known as Unit No. 1, TIP TOP ISLES, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Lee County, Florida, in Plat Book 13, Pages 146 and 147.
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 THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIEN HOLDER 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.
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH EITHER THE LEE COUNTY CLERK OF CIRCUIT COURT AT JUSTICE CENTER, 2ND FLOOR, 1700 MONROE STREET FT. MYERS, FL 33901, TELEPHONE (239) 533-5000, WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OF THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT A LEGAL SERVICES OFFICE, SUCH AS: LEE COUNTY LEGAL AID SOCIETY, INC., 2211 PECK STREET, FORT MYERS, FL 33901, TELEPHONE NUMBER, 239-334-6118/OR THE FLORIDA BAR'S FLORIDA ATTORNEYS SAVING HOMES TOLL FREE HOT LINE (866-607-2187) TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT ONE OF THESE SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
DATED on February 27, 2014
LINDA DOGGETT
As Clerk Of Court
(Court Seal) By: S. Hughes
As Deputy Clerk
March 7, 14, 2014 14-01078L