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RE-NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA.
CIVIL DIVISION
CASE NO. 2019 CA 001329 NC
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE (CWALT 2005-36),
Plaintiff, vs.
MICHAEL J. ASTERITA; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC.; UNKNOWN SPOUSE OF MICHAEL J. ASTERITA; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED,
Defendant(s).
NOTICE IS HEREBY GIVEN pursuant to an Order or Summary Final Judgment of foreclosure dated March 10, 2021 and an Order Resetting Sale dated March 25, 2021 and entered in Case No. 2019 CA 001329 NC of the Circuit Court in and for Sarasota County, Florida, wherein THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE (CWALT 2005-36) is Plaintiff and MICHAEL J. ASTERITA; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC.; UNKNOWN SPOUSE OF MICHAEL J. ASTERITA; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, are Defendants, KAREN E. RUSHING, Clerk of the Circuit Court, will sell to the highest and best bidder for cash www.sarasota.realforeclose.com, 9:00 a.m., on July 7, 2021 , the following described property as set forth in said Order or Final Judgment, to-wit:
THE SOUTH 163.5 FEET OF LOT 3, BLOCK A, PHILLIPPI CREST, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 2, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; TOGETHER WITH AN EASEMENT 25 FEET IN WIDTH OVER THE EASTERLY 25 FEET OF THE NORTH 105 FEET OF SAID LOT 2, BLOCK “A” FOR THE PURPOSE OF INGRESS, EGRESS AND UTILITIES.
LESS THE FOLLOWING: COMMENCING AT THE NW CORNER OF THE SOUTH 163.5 FEET OF LOT 3, BLOCK A, PHILLIPPI CREST, AS PER PLAT THEROF RECORDED IN PLAT BOOK 1, PAGE 2, OF THE PUBLIC RECOEDS OF SARASOTA COUNTY, FLORIDA SAID POINT BEING THE POINT OF BEGGINING THENCE S 89°59'59” E, ALONG THE NORTH LINE OF THE SOUTH 163.5 FEET A DISTANCE OF 72.21 FEET MORE OR. LESS TO A WOOD FENCE; THENCE S 3S°45'13” W, ALONG SAID WOOD FENCE A DISTANCE OF 8.63 FEET MORE OR LESS; 'THENCE N 89° 59' 5.9” W, ALONG SAID WOOD FENCE A DISTANCE OF 67 20 FEET MORE: OR LESS TO THE WEST LINE OF THE SOUTH 163.5 FEET OF SAID LOT 3, BLOCK “ A”, THENCE N O°12'23” E. ALONG SAID WEST LINE A DISTANCE OF 7.00 FEET MORE OR LESS TO THE POINT OF BEGINNING.
ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF THE LIS PENDENS MUST FILE A CLAIM BEFORE THE CLERK REPORTS THE SURPLUS AS UNCLAIMED. THE COURT, IN ITS DESCRETION, MAY ENLARGE THE TIME OF THE SALE. NOTICE OF THE CHANGED TIME OF SALE SHALL BE PUBLISHED AS PROVIDED HEREIN.
Pursuant to Florida Statute 45.031(2), this notice shall be published twice, once a week for two consecutive weeks, with the last publication being at least 5 days prior to the sale.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941)861-7400, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
DATED April 6, 2021.
By: /s/Fazia Corsbie
Fazia S. Corsbie
Florida Bar No.: 978728
Roy Diaz, Attorney of Record
Florida Bar No. 767700
Diaz Anselmo & Associates, P.A.
Attorneys for Plaintiff
499 NW 70th Ave., Suite 309
Fort Lauderdale, FL 33317
Telephone: (954) 564-0071
Facsimile: (954) 564-9252
Service E-mail: [email protected]
1496-178384 / VMR
April 9, 16, 2021 21-00766S