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NOTICE OF DEFAULT AND
FORECLOSURE SALE
WHEREAS, on 11/30/2009, a certain Mortgage was executed by Juanita R. Clark, Mortgagor in favor of Wells Fargo Bank, NA, mortgagee(s), and was recorded on 12/14/2009, as Instr # 2009154101, Public Records of Sarasota County, Florida; and
WHEREAS, the Mortgage was insured by the United States Secretary of Housing and Urban Development (the “Secretary”) pursuant to the National Housing Act for the purpose of providing single family housing; and
WHEREAS, the Mortgage is now owned by the Secretary, pursuant to an assignment dated 6/18/2014, and recorded on 7/11/2014 as Instr # 2014081799, Public Records of Sarasota County, Florida (“Mortgage”);
WHEREAS, Mortgage to the Secretary of Housing and Urban Development, mortgagee, recorded as Instr # 2009154102, Public Records of Sarasota County, Florida (“Mortgage”);
WHEREAS, a default has been made in the covenants and conditions of the Mortgage in that Mortgagor in that the payment due on or about Feb. 28, 2020 was not made and remains wholly unpaid as of the date of this notice, and no payment has been made sufficient to restore the loan to currency and mortgagor has abandoned the Property herein described;
WHEREAS, the entire amount delinquent as of 1/15/2021 is $298,596.22;
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;
WHEREAS, Unknown Tenant(s) may claim some interest in the property, as tenant in possession of the property, but such interest is subordinate to the lien of the Mortgage of the Secretary; and
WHEREAS, the City of Sarasota, may claim some interest in the property herein described pursuant to that certain Claim of Lien recorded as Instrument #2019024416, #2020039303, and #2020049726, Public Records of Sarasota County, Florida upon Proceedings heard before Special Magistrate due to alleged Code violations, but such interests are 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 me as Foreclosure Commissioner, recorded on 08/25/2020, as Instr # 2020115149, Public Records of Sarasota County, Florida, notice is hereby given that on January 15, 2021, at 1:15 p.m local time, all real and personal property at or used in connection with the following described premises (“Property”) will be sold at public auction to the highest bidder:
Lot 48, Paver Park Estates, according to the map or plat thereof as recorded in Plat Book 5, Page 49, Public Records of Sarasota County, Florida.
Commonly known as: 2538 E Milmar Dr, Sarasota, FL 34237
The sale will be held at 2538 E Milmar Dr, Sarasota, FL 34237. The Secretary of Housing and Urban Development will bid $298,596.22.
There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his prorata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure.
When making their bids, all bidders except the Secretary must submit a deposit totaling 10% of the Secretary's bid in the form of a certified or cashier's check payable to the Secretary of HUD. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of ten percent (10%) of the bid amount must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered within 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 check or cashier's check. If the Secretary is the highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date of the remainder of the payment and all other cost 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 extension will be for 15-day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form if 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 the 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 representative, will be liable to HUD for any cost incurred as a result of such failure. The Commissioner may, at the direction of the HUD 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 scheduled foreclosure sale shall be cancelled or adjourned if it is established, by document written application of the mortgagor to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the mortgage agreement are tendered to the Foreclosure Commissioner, in the form of certified or cashier's check payable to the Secretary of HUD, before public auction of the property is completed.
The amount that must be paid if the mortgage is to be reinstated prior to the scheduled sale is $298,596.22 paid by 1/15/2021 plus per diem $48.46, and all other amounts that would be due under the mortgage agreement if payments under the mortgage had not been accelerated, advertising cost 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 cost incurred for title and lien record searches, the necessary out-of-pocket cost incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all the other cost incurred in connection with the foreclosure prior to reinstatement.
Tender of the payment by certified or cashier's check or application cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below.
Date: 12/17/2020
HUD FORECLOSURE
COMMISSIONER
By: Jacquelyn Lumpkin Wooden, Esq.
P O Box 278011, Miramar, FL 33027
Phone: (954) 589-1240,
Fax: (888) 378-5329
Email: [email protected]
STATE OF FLORIDA
COUNTY OF BROWARD
Sworn to, subscribed, and
acknowledged before me, this day of 12/17/2020 by Jacquelyn Lumpkin Wooden, who is personally
known to me.
/s/Gwendolyn Teresa Jones
Notary Public - State of FL
My Commission No. GG087141
Expires: 4/14/2021
January 1, 8, 15, 2021 21-00025S