Loading
NOTICE OF DEFAULT AND INTENT TO FORECLOSE
Tropical Sands Resort
STATE OF FLORIDA, COUNTY OF LEE
Pursuant to Section 721.855, Florida Statutes, Tropical Sands Resort Condominium Association, Inc., a Florida Not-For-Profit Corporation has recorded a Claim of Lien in the amount of (See Exhibit "A"), with interest accruing at the daily per diem rate of (See Exhibit "A"), and recorded in Instrument Number (See Exhibit "A"), of the Public Records of Lee County, Florida, and the undersigned Trustee as appointed by Tropical Sands Resort Condominium Association, Inc., a Florida Not-For-Profit Corporation, hereby formally notifies (See Exhibit "A") if living, and if dead, the unknown spouse, heirs, devisees, grantees, assignees, lienors, creditors, trustees and all other parties claiming an interest by, through, under and against the above-named Obligor(s) that due to your failure to pay the annual assessment(s) due on (See Exhibit "A") and all assessment(s) thereafter, you are currently in default of your obligations to pay assessments due to Tropical Sands Resort Condominium Association, Inc., a Florida Not-For-Profit Corporation on the following described real property located in Lee County, Florida: (See Exhibit "A") Time Share Interest(s) (See Exhibit "A") according to the Declaration of Condominium, recorded in Official Records Book 1608, at Page 2098, of the Public Records of Lee County, Florida. As a result of the aforementioned default, Tropical Sands Resort Condominium Association, Inc., a Florida Not-For-Profit Corporation hereby elects to sell the Property pursuant to Section 721.855, Florida Statutes. Please be advised that in the event that your obligation is not brought current (including the payment of any fees incurred by Tropical Sands Resort Condominium Association, Inc., a Florida Not-For-Profit Corporation in commencing this foreclosure process) within thirty (30) days from the first date of publication, the undersigned Trustee shall proceed with the sale of the Property as provided in Section 721.855, Florida Statutes, in which case, the undersigned Trustee shall: (1) Provide you with written notice of the sale, including the date, time and location thereof; (2) Record the notice of sale in the Public Records of Lee County, Florida; and (3) Publish a copy of the notice of sale two (2) times, once each week, for two (2) successive weeks, in a Lee County newspaper. 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 721.855, Florida Statutes. You may choose to sign and send to the undersigned trustee the objection form provided to you by mail, exercising your right to object to the use of the trustee foreclosure procedure. Upon the undersigned 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 undersigned 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.
Dated: July 28, 2022
By: Harry Klausner, Esq., as Trustee
EXHIBIT "A"
Legal Description of property being foreclosed:
UNIT NUMBER(S) (see below) WEEK NUMBER(S) (see below) OF TROPICAL SANDS RESORT, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM AND EXHIBITS THEREOF, AS RECORDED IN OFFICIAL RECORDS BOOK 1608, AT PAGE 2098, ET SEQ., PUBLIC RECORDS OF LEE COUNTY FLORIDA AND ALL AMENDMENTS THERETO, IF ANY.
Owner(s)/Obligor(s)* / Unit/Week - Default Date - Instr # Lien - Lien Amount - Daily Per Diem of Lien Amount - Current Amount owed under lien including costs, attorney fees and any additional maintenance fees / Last known mailing address
Delmer G. Olds and Mary Frances H. Olds / UNIT NUMBER 3M WEEK NUMBER 21 - February 1, 2022 - 2022000185195 - $1,613.45 - $1.05 - $2,090.07 / 28 Patriots Way Summerset NJ 08873-7426
H. Patrick Maloney and Ann F. Maloney / UNIT NUMBER 3D WEEK NUMBER(S) 28 & 29 - February 1, 2022 - 2022000185195 - $3,361.34 - $1.95 - $3,898.20 / 269 Caverly Rd. Aylmer Ontario N5H 2V2 Canada
Bill Wall and Lucinda Wall / UNIT NUMBER 3C WEEK NUMBER 50 - February 1, 2022 - 2022000185195 - $1,613.45 - $1.05 - $2,090.07 / 2383 Riverglenn Cir Dunwoody GA 30338
Peter Thomas and Jane Thomas / UNIT NUMBER 2B WEEK NUMBER 4 - February 1, 2022 - 2022000185195 - $1,613.45 - $1.05 - $2,090.07 / 37 The Street Bought Favorsham Kent ME13 9BA UK
Dwight Williams / UNIT NUMBER 2K WEEK NUMBER 32 - February 1, 2022 - 2022000185195 - $1,613.45 - $1.05 - $2,090.07 / 4398 Lister St Port Charlotte FL 33952
Terrance B. Aycock and Roberta M. Aycock / UNIT NUMBER 1D WEEK NUMBERS 27 & 28 - February 1, 2022 - 2022000185195 - $3,076.90 - $1.80 - $3,603.96 / 6712 Southfield Rd Fort Washington MD 20744
Felipe M. Barican, Jr. and Nancy L.H. Barican / UNIT NUMBER 1F WEEK NUMBER 39 - February 1, 2022 - 2022000185195 - $1,613.45 - $1.04 - $2,090.05 / 461 25th St NW Naples FL 34120
Geraldine G. Prishivalko / UNIT NUMBER 2B WEEK NUMBER 43 - February 1, 2022 - 2022000185195 - $1,613.45 - $1.04 - $2,090.05 / 30 Ocean Pkwy Apt 2D Brooklyn NY 11218
James H. Justice and Joyce F. Justice / UNIT NUMBER 2D WEEK NUMBER 26 - February 1, 2022 - 2022000185195 - $1,613.45 - $1.04 - $2,090.05 / 7850 NE 134th Ter Bronson FL 32621
Harold P. Van Beilen and Edwin H. Van Beilen / UNIT NUMBER 2L WEEK NUMBER 46 - February 1, 2022 - 2022000185195 - $1,613.45 - $1.04 - $2,090.05 / 1171 Masson Ct Oakville Ontario L6H 2B8
Nan C. Nine and Vito M. Ramaglia / UNIT NUMBER 3C WEEK NUMBER 22 - February 1, 2022 - 2022000185195 - $1,613.45 - $1.04 - $2,090.05 / 14105 Maple Tree Ln East Lime CT 06333
Leszek J. Kranc and Anita J. Kranc / UNIT NUMBER 3J WEEK NUMBER 32 - February 1, 2022 - 2022000185195 - $1,613.45 - $1.04 - $2,090.05 / 579 Rogers St Peterborough Ontario K9H 1X6
Lonnie E. Griffin and Zadie A. Griffin / UNIT NUMBER 3L WEEK NUMBER 42 - February 1, 2022 - 2022000185195 - $1,613.45 - $1.04 - $2,090.05 / 325 55th Ave W Bradenton FL 34207
Andrea Jan Lasichak / UNIT NUMBER 3M WEEK NUMBERS 4 & 5 - February 1, 2022 - 2022000185195 - $3,076.90 - $1.80 - $3,603.94 / 8135 Stonehedge Dr Gregory MI 48137
Sara Averbrook Kaplan / UNIT NUMBER 1N WEEK NUMBER 49 - February 1, 2022 - 2022000185195 - $1,613.45 - $1.04 - $2,090.05 / 8010 East Dr #108 North Bay Village FL 33141
Louise M. Denardo, Dion M. Denardo and Daniel P. Denardo / UNIT NUMBER 2E WEEK NUMBER 39 - February 1, 2022 - 2022000185195 - $1,233.15 - $0.85 - $1,696.65 / 1 Tulip Dr Old Bridge NJ 08857
*if living, and if dead, the unknown spouse, heirs, devisees, grantees, assignees, lienors, creditors, trustees and all other parties claiming an interest by, through, under and against the above-named Obligor(s)
August 5, 12, 2022 22-02580L