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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
West Palm Beach, Florida 33407
HECM#094-5145539
PCN: 20-22-31-6348-02-024
NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on December 12, 2005, a certain Mortgage was executed by Ann W. Sweat as Mortgagor in favor American Reverse Mortgage of which Mortgage was recorded December 20, 2005, in Official Records Book 8382, Page 1925 in the Office of the Clerk of the Circuit Court for Orange County, Florida, (the “Mortgage”); and
WHEREAS, the Mortgage was assigned to Seattle Mortgage Company by Assignment recorded April 17, 2006 in Official Records Book 8590, Page 2921, in the Office of the Clerk of the Circuit Court for Orange County, Florida; and
WHEREAS, the Mortgage was assigned to Bank of America N.A. by Assignment recorded July 13, 2007 in Official Records Book 9347, Page 4872 and re-recorded March 12, 2009 in Official Records Book 10344, Page 2140, in the Office of the Clerk of the Circuit Court for Orange County, Florida; and
WHEREAS, the Mortgage was assigned to Champion Mortgage Company by Assignment recorded November 21, 2012 in Official Records Book 10477, Page 5010, in the Office of the Clerk of the Circuit Court for Orange County, Florida; and
WHEREAS, the Mortgage was assigned to and is now owned by the Secretary, by Assignment recorded February 5, 2015 in Official Records Book 10871, Page 7512, in the Office of the Clerk of the Circuit Court for Orange County, Florida; and
WHEREAS, the Mortgage was insured by the United States Secretary of Housing and Urban Development (Marcia Fudge) (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; and
WHEREAS, a default has been made in the covenants and conditions of the Mortgage in that Mortgagor has died 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 December 3, 2021 is $228,745.93 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 Ann W. Sweat 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 of the Estate of Ann W. Sweat, 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
WHEREAS, the Estate of Ann W. Sweat, 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
WHEREAS, the Secretary may have an interest in the property hereinafter described, pursuant to that Adjustable-Rate Home Equity Conversion Second Mortgage recorded December 20, 2005, in Official Records Book 8382, Page 1934 of the Public Records of Orange County, Florida but such interest is subordinate to the lien of the Mortgage of the Secretary;
WHEREAS, Capital One Bank USA N.A., may claim some interest in the property hereinafter described pursuant to that certain judgment recorded February 13, 2013 in Official Records Book 10521, Page 8293 and certified judgment recorded March 5, 2013 in Official Records Book 10532, Page 760 of the Public Records of Orange County, Florida but such interest is subordinate to the lien of the Mortgage of the Secretary; and
WHEREAS, A-1 Septic Service Inc. may claim some interest in the property hereinafter described pursuant to that certain lien recorded December 4, 2019 in under Clerk's File Number 20190758450 of the Public Records of Orange County, Florida 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 of the Public Records of Orange County, Florida, notice is hereby given that on March 16, 2022 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:
The South one-half of the East one-half of the East 300 feet of Lot 2, Block B, ORLANDO IMPROVEMENT CO. NO. 1, according to the Plat thereof, recorded in Plat Book S, Page 95, of the Public Records of Orange County, Florida
Commonly known as: 1818 Murdock Boulevard, Orlando, Florida 32825
The sale will be held at 1818 Murdock Boulevard, Orlando, Florida 32825. The Secretary of Housing and Urban Development will bid $228,745.93 plus interest from December 3, 2021 at a rate of $13.41 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.
Tender of payment by certified or cashier's check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below.
Date: January 25, 2022 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 )
) ss:
COUNTY OF PALM BEACH )
Sworn to, subscribed and acknowledged before me this 25 day of January, 2022, by mean of [XX] physical presence or [__] online notarization, Michael J Posner, HUD Foreclosure Commissioner who [XX] is personally known to me or [__] produced ________ as identification.
My Commission Expires 04/25/2025
/s/ Tatiana Hosken
Notary Public, State of Florida
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
February 10, 17, 24, 2022 22-00334W