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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
TELEPHONE (561) 478-0511 FACSIMILE (561) 478-0611
EMAIL: [email protected]
[email protected] VIA FIRST CLASS MAIL and CERTIFIED MAIL February 14, 2020
NOTICE OF DEFAULT AND INTENT TO FORECLOSE
Dear Owner(s)/Obligor(s),
We are sending you this Notice of Default and Intent to foreclose in our capacity as the Trustee , pursuant to Section 721.856, Florida Statutes, regarding that certain timeshare interest(s) owned by Owner(s)/Obligor(s) in Polk County, Florida. This letter shall serve as your official notice that you are in default on your account by failing to make the required payments pursuant to your Promissory Note. Your failure to make timely payments resulted in you defaulting on the Note/Mortgage. Attached to and a part of this letter is a Schedule which lists the following with respect to each Owner/Obligor:
1. Name of Timeshare Plan
2. Week/Unit/Contract Number
3. Name of Owner/Obligor
4. Notice address of Owner/Obligor
5. Legal Description of the timeshare interest
6. Assessment lien recording information (Book/Page/Document #)
7. Amount currently secured by lien
8. Per diem amount
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 within such 30 day period, additional amounts will be due. Please call Holiday Inn Club Vacations Incorporated at 407-477-7017 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, Fl. 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 721.856, FLORIDA STATUTES. YOU MAY CHOOSE TO SIGN AND SEND TO THE TRUSTEE THE OBJECTION FORM, WHICH IS ATTACHED OR MAY 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 OBJECTION FORM, YOU COULD BE SUBJECT TO A DEFICIENCY JUDGMENT 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 INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, AND THT THE DEBT MAY BE DISPUTED. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT ANY DEBT ASSOCIATED WITH ANY ONE OR MORE OF THE LIENS DESCRIBED ON THE ATTACHED SCHEDULE MAY HAVE BEEN DISCHARGED IN A BANKRTUPCY PROCEEDING UNTER 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.
HOLIDAY INN CLUB VACATIONS INCORPORATED, F/K/A ORANGE LAKE COUNTRY CLUB, INC. IS THE CURRENT CREDITOR. ITS ADDRESS IS 8505 WEST IRLO BRONSON MEMORIAL HIGHWAY, KISSIMMEE, FLORIDA 34747-8201. YOU MAY ALSO CONTACT ORANGE LAKE COUNTRY CLUB, INC., BY CALLING ITS MORTGAGE SERVICING DEPARTMENT TOLL FREE AT (800) 298-3706.
UPON YOUR WRITTEN REQUEST WITHIN THE THIRTY-DAY PERIOD JERRY E. ARON, P.A., WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR
TIMESHARE PLAN:
ORLANDO BREEZE RESORT
Schedule
Property description
An undivided fractional fee interest (described below) as tenant-in-common in and to the Unit desribed above in Orlando Breeze Resort, a vacation resort in Polk County, Florida, according to the Declaration of Restrictions, Covenants and Conditions recorded in Official Records Book 06046, Page 0473, of the Public Records of Polk County, Florida, as may be subsequently amended or supplemented from time to time (the “Declaration”), together with the exclusive right, as among the other Owners of Vacation Ownership Interests in the Unit, to occupy the Unit with annual or biennial (Odd or Even years) frequency during the Use Period desribed above, together with an undivided interest in the Common Elements appurtenant thereto of Orlando Breeze Resort.
Property Description Detail Owner(s)/Obligor(s)
Notice Address
Mortgage - Polk County Clerk Book/Page/ Document#
Amount Secured by Lien Per Diem
Fractional Interest 1.923%,
Unit Number: 0035,
Use Period Number (WEEK): 10
KEVIN ALEXANDER, and TONYA ALEXANDER
12017 GREY FAWN PATH, AUSTIN, TX 78750
2019170010 2019170283
$2,282.26 $0.00
Fractional Interest 1.923%,
Unit Number: 0015,
Use Period Number (WEEK): 2
STEFANIE S GREEN,
3818 FORBES ST, FORT WORTH, TX 76105
2019169859 2019170277
$3,936.76 $0.00
Fractional Interest 1.923%,
Unit Number: 0035,
Use Period Number (WEEK): 22
DOROTHY A HAGMANN, 2802 PROVINCE LN, DALLAS, TX 75228
2019169859 2019170277
$4,142.23 $0.00
Fractional Interest 1.923%,
Unit Number: 0045,
Use Period Number (WEEK): 5
ESTEBAN L HERRERA, and CANDY M HERRERA
16014 SHOOTING STAR, SAN ANTONIO, TX 78255 and 16014 SHOOTING STAR, SAN ANTONIO, TX 78255 2019169847 2019170308
$6,805.46 $0.00
Fractional Interest 1.923%,
Unit Number: 0010,
Use Period Number (WEEK): 13
SCOTT KINSFATHER, and TERESA KINSFATHER
2141 COUNTY ROAD 217, GIDDINGS, TX 78942 and 2157 COUNTY ROAD 217, GIDDINGS, TX 78942 2019169847 2019170308
$2,034.36 $0.00
Fractional Interest 1.923%,
Unit Number: 0047,
Use Period Number (WEEK): 12
CECIL P MASSON, and PEGGY MASSON
PO BOX 133, FLINT, TX 75762 and PO BOX 133, FLINT, TX 75762
2019170010 2019170283
$2,362.41 $0.00
Fractional Interest 1.923%,
Unit Number: 0044,
Use Period Number (WEEK): 31
MICHAEL WAYNE OCONNOR, and PATRICIA LAFOUR OCONNOR 3706 LAKE BREEZE LN, CROSBY, TX 77532
2019169847 2019170308
$8,100.95 $0.00
Fractional Interest 1.923%,
Unit Number: 0041,
Use Period Number (WEEK): 19
JERRY A RICKETTS, and LORI RICKETTS
18827 N 25TH WAY, PHOENIX, AZ 85050 and 718 PAM DR, TYLER, TX 75703
2019169847 2019170308
$6,544.35 $0.00
Fractional Interest 1.923%,
Unit Number: 0031,
Use Period Number (WEEK): 11
DEBORAH SALEM,
457 CLIFFORD ST, CORPUS CHRISTI, TX 78404
2019169859 2019170277
$4,466.75 $0.00
Fractional Interest 1.923%,
Unit Number: 0041,
Use Period Number (WEEK): 11
JEFFREY C SMITH, and RENE SMITH
502 E 6TH ST, WEATHERFORD, TX 76086
2019169847 2019170308
$7,406.29 $0.00
Fractional Interest 1.923%,
Unit Number: 0002,
Use Period Number (WEEK): 5
DEBORAH F TEMPLE, and CALVIN E TEMPLE
627 N SAINT LOUIS AVE APT 1, CHICAGO, IL 60624 and 627 N SAINT LOUIS AVE APT 1, CHICAGO, IL 60624
2019169900 2019170280
$3,612.65 $0.00
Sincerely,
Jerry E. Aron, P.A., Trustee
By: Annalise Marra
Print Name: Annalise Marra
Title: Authorized Agent
April 3, 10, 2020 20-00586K