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NON-JUDICIAL PROCEEDING TO FORECLOSE A CLAIM OF LIEN
BY TRUSTEE
VISTANA DEVELOPMENT, INC.
a Florida Corporation,
(Lienholder)
vs.
Estate of Nancy J. Birtwistle
Richard Birtwistle III and
The Unknown Parties, claiming as
Heirs, devisees, grantees, assignees, lienors, Creditors, trustees, personal representatives, Administrators or other claimants, by, through Under or agains any named individual who
is deceased.
(Obligor(s))
NOTICE OF DEFAULT AND INTENT TO FORECLOSE
To: Estate of Nancy J. Birtwistle
14612 Falling Leaf Way
Gaithersburg, MD 20878-3985
Richard Birtwistle III
1689 Bishop Estates Rd.
Saint John, FL 32259
YOU ARE NOTIFIED that a TRUSTEE'S NON-JUDICIAL PROCEEDING to enforce a lien has been instituted on the following described real property:
Unit Week 17 in Unit 521, VISTANA SPA CONDOMINIUM, together with all appurtenances thereto, according and subject to the Declaration of Condominium of Vistana Spa Condominium, as recorded in Official Records Book 3677, Page 335, Public Records of Orange County, Florida, and all amendments thereof and supplements thereto, if any (“Declaration”).
In accordance with the Declaration of Condominium for Vistana Spa Condominium, Claim of Lien for assessments (“Liens”) have been recorded in Official Records Book/Page 10009/1761; 101117/8654; 10234/08883; as assigned to Vistana Development Inc. in Official Records Book/Page 10350/4563 of the Public Records of Orange County, Florida. The Liens were recorded against your timeshare interest because you failed to bring your maintenance fees and taxes current or otherwise respond to the demand letters sent to you. As of April 29, 2015 the total amount due is $ 5,175.55 which accrues interest at $ 1.76 per day.
If you fail to cure the default or take other appropriate action with regard to this foreclosure matter within thirty (30) calendar days after the date of this notice, you risk losing ownership of your timeshare interest through the trustee foreclosure procedure established in §721.855 F.S. You may choose to sign and send to the Trustee an objection form, exercising your right to object to the use of the trustee foreclosure procedure. Upon the Trustee's receipt of your signed objection form, the foreclosure of the lien with respect to the default specified in this notice shall be subject to the judicial foreclosure procedure only. You have the right to cure your default in the manner set forth in this notice at any time before the trustee's sale of your timeshare interest. If you do not object to the use of the trustee foreclosure procedure, you will not be subject to a deficiency judgment even if the proceeds from the sale of your timeshare interest are insufficient to offset the amounts secured by the lien.
Any response or inquiry should be made in writing to Philip W. Richardson, who is serving as trustee in this matter, at the following address;
Eck, Collins & Richardson
924 West Colonial Drive
Orlando, FL 32804
July 16, 23, 2015 15-02943W