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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.
582019CA000804XXXANC
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWMBS INC., CHL MORTGAGE PASS-THROUGH TRUST 2005-03, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-03,
Plaintiff, vs.
GARY C. SMITH; MARY ELAINE SMITH A/K/A MARY E. SMITH; THE ENCLAVE AT PRESTANCIA ASSOCIATION II, INC.; PALMER RANCH MASTER PROPERTY OWNERS ASSOCIATION, INC.; PRESTANCIA COMMUNITY ASSOCIATION, INC.; THE ESTATES OF PRESTANCIA HOMEOWNER'S ASSOCIATION, INC.; UNKNOWN TENANT IN POSSESSION OF SUBJECT PROPERTY; 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 November 17, 2021, and entered in Case No. 582019CA000804XXXANC 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 FOR THE CERTIFICATEHOLDERS OF THE CWMBS INC., CHL MORTGAGE PASS-THROUGH TRUST 2005-03, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-03 is Plaintiff and GARY C. SMITH; MARY ELAINE SMITH A/K/A MARY E. SMITH; THE ENCLAVE AT PRESTANCIA ASSOCIATION II, INC.; PALMER RANCH MASTER PROPERTY OWNERS ASSOCIATION, INC.; PRESTANCIA COMMUNITY ASSOCIATION, INC.; THE ESTATES OF PRESTANCIA HOMEOWNER'S ASSOCIATION, INC.; UNKNOWN TENANT IN POSSESSION OF SUBJECT PROPERTY; 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 March 30, 2022, the following described property as set forth in said Order or Final Judgment, to-wit:
LOT 13, BLOCK, THE ENCLAVE AT PRESTANCIA, ACCORDING TO THE MAP OF PLAT THEREOF, AS RECORDED IN PLAT BOOK 33, PAGE 9, PUBLIC RECORDS OR SARASOTA COUNTY, FLORIDA
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 12/22/2021.
By: /s/ Sheena M. Diaz
Sheena M. Diaz
Florida Bar No.: 97907
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]
1496-178455 / VMR
Dec. 31, 2021; Jan. 7, 2022 21-02784S