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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, Suite 100
West Palm Beach, Florida 33407
HECM# 093-6613682
PCN:28-32-02-000000-033040
NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on February 27, 2009, a certain Mortgage was executed by Robert L. Patton and Nancy J. Patton, husband and wife as Mortgagor in favor of Genworth Financial Home Equity Access, Inc. which Mortgage was recorded March 6, 2009, in Official Records Book 7832, Page 233 in the Office of the Clerk of the Circuit Court for Polk County, Florida, (the “Mortgage”); and
WHEREAS, the Mortgage was assigned to the United States Secretary of Housing and Urban Development (the “Secretary”), by Assignment recorded December 3, 2018 in Official Records Book 10685, Page 1848, 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 one Mortgagor has died and the other Mortgagor has abandoned the Property hereinafter defined 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 August 12, 2020 is $240,714.07 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, the Unknown Spouse of Nancy J. Patton 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, 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, the unknown heirs and devisees may claim some interest in the property hereinafter described, as a or the heir(s) of the Estate of Robert L. Patton, deceased, but such interest is subordinate to the lien of the Mortgage of the Secretary; and
WHEREAS, the Estate of Robert L. Patton, 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 September 14, 2010 in Official Records Book 8177, Pages 1962-1964 of the Public Records of Polk County, Florida, notice is hereby given that on November 25, 2020 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:
All that part of U.S. Government Lot 1 (or fractional West 1/2 of the NW 1/4) of Section 2, Township 32 South, Range 28 East, LESS the South 1530.5 feet thereof and LESS Right-of-way for County Road.
Being also described as:
Beginning 1530.5 feet North of the Southwest corner of said U.S. Government Lot 1, run thence East to Lake Reedy; thence run Northwesterly along the water's edge of said lake to the Westerly boundary line of said U.S. Government Lot 1; thence run South along the Westerly boundary line of U.S. Government Lot 1 to the Point of Beginning, all lying and being in Polk County, Florida
Commonly known as: 1301 S Lake Reedy Boulevard, Frostproof, Florida 33843
The sale will be held at 1301 S Lake Reedy Boulevard, Frostproof, Florida 33843. The Secretary of Housing and Urban Development will bid $240,714.07 plus interest from August 12, 2020 at a rate of $34.26 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 Five Hundred and NO/100 Dollars ($500.00) per extension, 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: October 7, 2020
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: 561.594.1452
STATE OF FLORIDA
COUNTY OF PALM BEACH ) ss:
Sworn to, subscribed and acknowledged before me this 7th day of October, 2020, by mean of physical presence, Michael J Posner, Esquire, of Ward, Damon, Posner, Pheterson & Bleau who is personally known to me.
Notiary Public, State of Florida
Notary Public State of Florida
Sandra D Heck
My Commission GG 280088
Expires 12/13/2022
Unless you, within thirty days of your receipt of this notice, dispute the validity of the debt claimed in this letter, or any portion of the debt, we will assume that the debt alleged in this letter is valid. If we receive notice from you within thirty days of your receipt of this notice that the debt claimed in this notice, or any portion of the debt, is disputed, we will obtain verification of the debt and will forward that verification to you. Also, upon request to us within thirty days of your receipt of this notice, we will provide the name and address of the original creditor of the debt claimed in this notice, if different from the United States Secretary of Housing and Urban Development
Oct. 16, 23, 30, 2020 20-01362K