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United States District Court
Middle District of Florida
Tampa Division
NOTICE OF FEDERAL JUDICIAL FORECLOSURE SALE
Per an order of the Court in the case of the Wilmington v. Pearce, Case No. 8:16-cv-03531-VMC-TBM, the Court-appointed Special Master, Mediation Inc., James Chaplin, Esq. and/or their designee, will publicly sell real property on 12th day of March, 2018, between 4:00 p.m. to 5:00 p.m. at the Sarasota County Courthouse, 2000 Main Street, Sarasota, Florida, 34237, described as:
Lot 12, Block S, Sun Haven, Unit No. 3, according to the Plat thereof as recorded in Plat Book 9, Page 52, of the public records of Sarasota County, Florida.
Address: 5732 Beneva Road, Sarasota Florida, 34231.
Plaintiff holds the senior interest in the Property being foreclosed, a First Mortgage/Assignment of Rents by Defendant David Pearce to MERS as nominee for Lehman Brothers Bank, F.S.B., securing the Property as collateral for a First Promissory Note in the principal sum of $108,000.00 by David Pearce to Lehman, to purchase the Property, of which Wilmington is the owner and/or holder. The sale of the Property is without right of redemption.
At the time of sale, the successful bidder(s) will deposit with the Special Master at least ten percent (10%) of the successful bid, by cash, cashier's check or certified check, payable to Plaintiff's counsel of record. Before bidding at sale, bidders shall present proof to the Special Master that they can comply with this requirement or cannot bid. Plaintiff may place credit bids on the amount due on the Note and Deed of Trust, without payment of cash.
A third-party purchaser will pay the balance of the purchase price for the Property in cash, cashier's check or certified check payable to Plaintiff's counsel of record, within 48 hours after the sale. If the successful bidder defaults on this or any other condition of sale, then the deposit is forfeited and shall be applied to the expenses of sale. The Property may then be re-advertised and resold or sold to the second highest bidder, at Plaintiff's discretion. If Plaintiff is the purchaser, then the Special Master will credit on Plaintiff's bid the total sums due to Plaintiff or such portion necessary to full pay Plaintiff's bid. If not the purchaser, Plaintiff will advance all subsequent of this action for which it will be reimbursed by the Special Master.
A successful third-party bidder at the sale shall pay, in addition to the amount of the bid, any documentary stamps and land registry fees and like costs, as provided by law. Upon filing the confirmation order, the sale proceeds shall be applied to Plaintiff's costs and disbursements of this case, expenses of sale, including documentary stamps affixed to the order if applicable, the total sum due to Plaintiff less the items paid, plus interest at the rate prescribed by state law from this date to the sale date.
Upon full compliance with the terms of sale, the Special Master shall execute a Report of Sale for filing with the Clerk of Court, subject to confirmation by the Court which, upon Plaintiff's motion, shall enter an order, confirming the sale of the Property, conveying title to the Property to the purchaser at sale, to be recorded the local land records registry, with the same legal effect as a Certificate of Title or other conveyance, per Fla. Stat. ยง 45.011 and 702.10 et seq. Plaintiff may assign the judgment and/or credit bid by executing an assignment prior to issuance of an order confirming the sale of the Property, without further order of the Court.
Plaintiff and/or any other purchaser at the sale is granted possession of the Property, its improvements, fixtures and other contents, which all other parties, occupants and entities shall vacate following the sale, as directed by the U.S. Marshall and/or local law enforcement officers, who, along with his or her deputies and agents, are authorized and directed to take any and all action to remove any persons and their belongings from the Property.
Interested parties may contact:
Brandon S. Vesely, Esquire Bar. No. 0022070
Albertelli Law
5404 Cypress Center Drive, 3rd Floor
Tampa, FL 33609
Telephone: (813) 221-4743
Fascimile: (813) 221-9171
Email: [email protected]
Attorneys for Plaintiff File No. 16-036206
Feb. 16, 23; Mar. 2, 9, 2018 18-00338S