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LAW OFFICES OF
JERRY E. ARON, P.A.
ATTORNEY-AT-LAW
2505 METROCENTRE BLVD.
SUITE 301
WEST PALM BEACH,
FLORIDA 33407
JERRY E. ARON, ESQ.
TELEPHONE (561) 478-0511
FACSIMILE (561) 478-0611
EMAIL:[email protected]
[email protected]
March 4, 2019
NOTICE OF DEFAULT AND INTENT TO FORECLOSE
To: Obligors listed on attached Schedule:
We are sending you this Notice of Default and Intent to Foreclose in our capacity as Trustee, pursuant to Section 721.855, Florida Statutes regarding that certain timeshare interest(s) owned by Obligor in Collier County, Florida.
Attached to and a part of this letter is a Schedule which lists the following with respect to each Obligor.
1. Name of Timeshare Plan
2. Week/Unit/Contract Number
3. Name of Obligor
4. Notice address of Obligor
5. Legal description of the timeshare interest
6. Claim of Lien document number
7. Assignment of Lien document number
8. Amount currently secured by lien
9. Per diem amount
The Obligor has failed to pay when due the applicable assessments for common expenses and ad valorem taxes (“Assessments”). A Claim of Lien has been recorded in the Public Records of Collier County, Florida against the Obligor's timeshare interest including any costs, expenses and attorneys fees, which amount is identified on the attached schedule. The Claim of Lien has been assigned to Orange Lake Country Club, Inc.
You have the right to cure the default by paying the full amount set forth on the Schedule plus per diem as accrued to the date of payment, on or before the 30th day after the date of this notice. If payment is not received after such 30 day period, additional amounts will be due. Please call 561-478-0511 or 1-866-341-8362 in order to ascertain the total amount due at that time. All payments must be made by cashier's check, certified check or money order (personal checks will not be accepted and will be returned by regular mail), made payable to Jerry E. Aron, P.A. Trust Account, and mailed to Jerry E. Aron, P.A., at 2505 Metrocentre Blvd., Suite 301, West Palm Beach, Florida 33407.
IF YOU FAIL TO CURE THE DEFAULT AS SET FORTH IN THIS NOTICE OR TAKE OTHER APPROPRIATE ACTION WITH REGARD TO THIS FORECLOSURE MATTER, YOU RISK LOSING OWNERSHIP OF YOUR TIMESHARE INTEREST THROUGH THE TRUSTEE FORECLOSURE PROCEDURE ESTABLISHED IN SECTION 721.855, FLORIDA STATUTES. YOU MAY CHOOSE TO SIGN AND SEND TO THE TRUSTEE THE OBJECTION FORM WHICH IS EITHER ATTACHED OR CAN BE OBTAINED BY CONTACTING JERRY E. ARON, P.A., 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.
IF YOU OBJECT TO THE USE OF THE TRUSTEE FORECLOSURE PROCEDURE, BY SIGNING THE ATTACHED OBJECTION FORM, YOU COULD BE SUBJECT TO A DEFICIENCY JUDGNMENT IF THE PROCEEDS FROM THE SALE OF YOUR TIMESHARE INTEREST ARE INSUFFICIENT TO OFFSET THE AMOUNTS SECURED BY THE LIEN.
NOTICE IS HEREBY GIVEN THAT THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, THAT ANY INFORMTION OBTAINED WILL BE USED FOR THAT PURPOSE, AND THAT THE DEBT MAY BE DISPUTED. NOTHWITHSTANDING THE FOREGOING, TO THE EXTENT THAT ANY DEBT ASSOCIATED WITH ANY ONE OF MORE OF THE LIENS DESCRIBED ON THE ATTACHED SCHEDULE MAY HAVE BEEN DISCHARGED IN A BANKRUPTCY PROCEEDING UNDER TITLE 11 OF THE UNITED STATES CODE, PLEASE BE ADVISED THAT THIS IS AN ACTION TO COLLECT A DEBT IN REM AGAINST THE PROPERTY ENCUMBERED BY SUCH LIEN AND NOT IN PERSONAM AGAINST ANY OBLIGOR.
TIMESHARE PLAN:
SUNSET COVE RESORT AND SUITES CONDOMINIUM
Schedule
Property Description:
Week / Unit as described below of Sunset Cove Resort and Suites Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 3698 at Page 2185, of the Public Records of Collier County, Florida, and all amendments thereto is any, TOGETHER with the remainder over in fee simple absolute, as tenant in common with the owners of all Timeshare Estates in the herein described Condominium parcel in that percentage interest determined and established by aforesaid Declaration of Condominium.
Week/Unit Contract #
1/000302
M6349432
Owner(s)
MICHELLE C. ANDERSON
Notice Address
8 CARA CT, NORTHFIELD, NJ 08225
Lien - Collier County Clerk Book/Page/
Document#
5566408
Assignment of Lien - Collier County Clerk Book/Page/Document #
5572102
Amount Secured by Lien
$6,878.86
Per Diem
$0
Jerry E. Aron, P.A., Trustee
By: Monika Evans
Print Name: Monika Evans
Title: Authorized Agent
NJMIA - 10/25/2018,
June 21, 28, 2019 19-01237C