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This Instrument Prepared By/
Returned to:
Michael J Posner, Esq.,
HUD Foreclosure Commissioner
Ward, Damon, Posner,
Pheterson & Bleau
4420 Beacon Circle
West Palm Beach, Florida 33407
HECM# 093-6792887
PCN: 362826-663000-000615
NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on September 21, 2009, a certain Mortgage was executed by Thomas Joseph Rogers, a single person as Mortgagor in favor of Bank of America, N.A. which Mortgage was recorded October 6, 2009, recorded in Official Records Book 7986, Page 990 in the Office of the Clerk of the Circuit Court for Polk County, Florida, (the “Mortgage”); and
WHEREAS, the Mortgage was assigned to Champion Mortgage Company by Assignment recorded October 9, 2012 in Official Records Book 8769, Page 279, in the Office of the Clerk of the Circuit Court for Polk County, Florida; and
WHEREAS, the Mortgage was assigned to Bank of America, N.A. by Assignment recorded August 24, 2016 in Official Records Book 9914, Page 2276, in the Office of the Clerk of the Circuit Court for Polk County, Florida; and
WHEREAS, the Mortgage was assigned to the United States Secretary of Housing and Urban Development (the “Secretary”), by Assignment recorded March 30, 2017 in Official Records Book 10105, Page 1206, in the Office of the Clerk of the Circuit Court for Polk County, Florida; and
WHEREAS, the Mortgage is now owned by the Secretary; and
WHEREAS, a default has been made in the covenants and conditions of Section 9 of the Mortgage in that Mortgagor has died and the Mortgage remains wholly unpaid as of the date of this Notice and no payment has been made to restore the loan to current status; and
WHEREAS, the entire amount delinquent as of April 25, 2019 is $417,472.67 plus accrued unpaid interest, if any, late charges, if any, fees and costs; and
WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Mortgage to be immediately due and payable; and
WHEREAS, Unknown Tenant(s) may claim some interest in the property hereinafter described, as a/the tenant(s) in possession of the property, but such interest is subordinate to the lien of the Mortgage of the Secretary; and
WHEREAS, Unknown Spouse of Thomas Joseph Rogers may claim some interest in the property hereinafter described, as the surviving spouse in possession of the property, but such interest is subordinate to the lien of the Mortgage of the Secretary; and
WHEREAS, the unknown heirs and devisees may claim some interest in the property hereinafter described, as a or the heir(s) of the Estate of Thomas Joseph Rogers, deceased, but such interest is subordinate to the lien of the Mortgage of the Secretary; and
WHEREAS, the Estate of Thomas Joseph Rogers, deceased may claim some interest in the property hereinafter described, but such interest is subordinate to the lien of the Mortgage of the Secretary; and
NOW, THEREFORE, pursuant to powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR part 27, subpart B, and by the Secretary's designation of the undersigned as Foreclosure Commissioner, recorded on July 14, 2010 in Official Records Book 8177, Pages 1962-1964 of the Public Records of Polk County, Florida, notice is hereby given that on July 19, 2019 at 9:00 a.m. local time, all real and personal property at or used in connection with the following described premises (the “Property”) will be sold at public auction to the highest bidder:
The North 85 feet of the South 305 feet of the West 3/4 of the South 1/2 of the North 1/2 of the Southwest 1/4 of Section 36, Township 28 South, Range 26 East, Polk County, Florida, less the West 1840 feet and the East 20 feet thereof. Tract is subject to an Easement 10 feet wide along its East boundary for public utilities and drainage purposes, and an Easement 7.5 feet wide along its West boundary
Commonly known as: 409 Lake Ned Road, Winter Haven FL 33884-2568
The sale will be held at 409 Lake Ned Road, Winter Haven FL 33884-2568. The Secretary of Housing and Urban Development will bid $417,472.67 plus interest from April 25, 2019 at a rate of $62.79 per diem (subject to increases applicable under the Note), plus all costs of this foreclosure and costs of an owner's policy of title insurance.
There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his/her/its pro-rata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale.
When making their bids, all bidders except the Secretary must submit a deposit totaling ten (10%) percent of the bid amount in the form of a certified check or cashier's check made out to the Secretary of HUD. Each oral bid need not be accompanied by a deposit. If the successful bid is oral, a deposit of ten (10%) percent of the bid amount must be presented before the bidding is closed. The deposit is non-refundable. The remainder of the purchase price must be delivered within thirty (30) days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier's check. If the Secretary is the high bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveyancing fees, all real estate and other taxes that are due on or after the delivery of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them.
The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for fifteen (15) day increments for a fee equal to ten (10%) percent of the amount then due, paid in advance. The extension fee shall be in the form of a certified or cashier's check made payable to the Secretary of HUD. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due.
If the high bidder is unable to close the sale within, the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the foreclosure commissioner after consultation with the HUD Field Office representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD Field Office Representative, offer the Property to the second highest bidder for an amount equal to the highest price offered by that bidder.
There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein. HUD does not guarantee that the property will be vacant.
The amount that must be paid if the Mortgage is to be reinstated prior to the scheduled sale is the principal balance set forth above, together with accrued, unpaid interest, plus all other amounts that would be due under the mortgage agreement if payments under the mortgage had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner's attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out of pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement.
Date: June 6th, 2019
HUD Foreclosure Commissioner
By: Michael J Posner, Esquire
Ward Damon, Posner,
Pheterson & Bleau
4420 Beacon Circle
West Palm Beach, Florida 33407
T:561.842.3000/F: 561.842.3626
Direct Dial: 561.594.1452
STATE OF FLORIDA;
COUNTY OF PALM BEACH ) ss:
Sworn to, subscribed and acknowledged before me this 6th day of June, 2019, by Michael J Posner, Esquire, of Ward, Damon, Posner, Pheterson & Bleau who is personally known to me.
Notary Public, State of Florida
My Commission Expires:
CHRISTINA ZINGMAN
MY COMMISSION # GG 315030
EXPIRES: July 17, 2023
Bonded Thru Notary Public Underwriters
June 14, 21, 28, 2019 19-01085K