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This Instrument Prepared By/
Returned to:
Michael J Posner, Esq.,
HUD Foreclosure Commissioner
Ward Damon PL
4420 Beacon Circle
West Palm Beach, Florida 33407
HECM# 093-7091566
PCN:18-27-16-65938-010-7280
SECOND AMENDED NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on September 14, 2010, a certain Mortgage was executed by Earl O. Christy as Mortgagor in favor of MERS as nominee for Sun West Mortgage Company, Inc. which Mortgage was recorded October 6, 2010, in Official Records Book 17050, Page 2051 in the Office of the Clerk of the Circuit Court for Pinellas County, Florida, (the “Mortgage”); and
WHEREAS, the Mortgage was assigned to and is now owned by the Secretary, by Assignment recorded October 11, 2019 in Official Records Book 20728, Page 2326, in the Office of the Clerk of the Circuit Court for Pinellas 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 or abandoned the Property hereinafter defined 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 July 1, 2022 is $197,207.32 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 Earl O. Christy 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, Management Servicing LLC the Secretary may have an interest in the property hereinafter described, pursuant to that mortgage recorded June 14, 2010 in Official Records Book 16943, Page 2130 and subordinated to the lien of the Mortgage by Subordination Agreement recorded October 6, 2010 in Official Records Book 17050, Page 2073 and re-recorded October 19, 2010 in Official Records Book 17061, Page 2659 all of the Public Records of Pinellas County, Florida but such interest is subordinate to the lien of the Mortgage of the Secretary;
WHEREAS, The Palms of Tarpon Springs Condominium Association, Inc., may claim some interest in the property hereinafter described pursuant to that certain Declaration of Condominium recorded in 14822, Page 374, and all amendments thereto of the Public Records of Pinellas County, Florida 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 on October 6, 2010, in Official Records Book 17050, Page 2051 of the Public Records of Pinellas County, Florida but such interest is subordinate to the lien of the Mortgage of the Secretary;
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 January 27, 2000 in Official Records Book 10796, Page 1169 of the Public Records of Pinellas County, Florida, notice is hereby given that on October 28, 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:
Unit 728, Building 10 THE PALMS OF TARPON PALM SPRINGS, a Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 14822, Page(s) 374 through 454, Inclusive, and all amendments thereto of the Public Records of Pinellas County, Florida together with an undivided interest in the common elements appurtenant thereto, APN: 182716659380107280
Commonly known as: 728 Haven Place, Tarpon Springs, Florida 34689
The sale will be held at 728 Haven Place, Tarpon Springs, Florida 34689. The Secretary of Housing and Urban Development will bid $197,207.32 plus interest from July 1, 2022 at a rate of $32.74 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: September 9, 2022
HUD Foreclosure Commissioner
By: Michael J Posner, Esquire
Ward Damon PL
4420 Beacon Circle
West Palm Beach, Florida 33407
T:561.842.3000•F:561.842.3626
Direct: 561.594.1452
STATE OF FLORIDA
COUNTY OF PALM BEACH ss:
Sworn to, subscribed and acknowledged before me this 9 day of September 2022, by mean of [XX] physical presence, Michael J Posner, HUD Foreclosure Commissioner who [XX] is personally known to me.
Notary Public, State of Florida
My Commission Expires
(SEAL) NOTARY PUBLIC
STATE OF FLORIDA
Adrielly Mendonca
Comm.:GG 949023
Expires: Jan. 20, 2024
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
October 7, 14, 21, 2022 22-04633N