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RE-NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA.
CIVIL DIVISION
CASE NO. 19-CA-006569
DIVISION:
RF -Section I
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT INC. ALTERNATIVE LOAN TRUST 2006-OA12
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
2006-OA12,
Plaintiff, vs.
MARITZA HIGGINS; RICHARD
S. HIGGINS A/K/A RICHARD HIGGINS; 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 a Uniform Final Judgment of Foreclosure dated October 26, 2022 and an Order on Plaintiff's Motion to Reset Sale and Disburse Third Party Bidder's Deposit to Plaintiff dated March 30, 2023 and entered in Case No. 19-CA-006569 of the Circuit Court in and for Hillsborough County, Florida, wherein THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT INC. ALTERNATIVE LOAN TRUST 2006-OA12 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OA12 is Plaintiff and MARITZA HIGGINS; RICHARD S. HIGGINS A/K/A RICHARD HIGGINS; 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, CINDY STUART, Clerk of the Circuit Court, will sell to the highest and best bidder for cash online at http://www.hillsborough.realforeclose.com, 10:00 a.m., on May 31, 2023, the following described property as set forth in said Order or Final Judgment, to-wit:
THE WEST 414.14 FEET OF THE EAST 687.22 FEET OF THE SOUTH 260.66 FEET OF THE NORTH 521.32 FEET OF THE SOUTH 850.41 FEET OF THE NORTHWEST ¼ OF THE
NORTHWEST ¼ LYING IN SECTION 23,TOWNSHIP 29 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA, LESS: TRACT BEGINNING 46.26 FEET EAST OF THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED TRACT AND RUN THENCE NORTH 103.00 FEET; EAST 157.00 FEET; S. 44°55'00”E., 32.58 FEET; SOUTH 80.00 FEET, AND WEST 180.00 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT:
AS A POINT OF BEGINNING COMMENCE AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF LARSON AVENUE, AS RECORDED IN PLAT BOOK 36, PAGE 29, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, WITH WEST BOUNDARY OF THE EAST 687.22 FEET OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE N. 00°06' 11” W., A DISTANCE OF 521.32 FEET ALONG SAID WESTERLY BOUNDARY TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WATKINS WAY, THENCE ALONG SAID RIGHT-OF-WAY LINE, S. 89°52'47” E., A DISTANCE OF 414.44 FEET TO THE EAST BOUNDARY OF THE WEST 414.14 FEET OF THE EAST 687.22 FEET OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 23; THENCE S. 00°06'11” E., A DISTANCE OF 401.32 FEET ALONG SAID EAST BOUNDARY; THENCE N. 89°52'47” W., A DISTANCE OF 185.58 FEET; THENCE SOUTH 00°11'36” E., A DISTANCE OF 40.43 FEET; THENCE N. 44°58'18” W., A DISTANCE OF 32.58 FEET; THENCE N. 89°47'59” W., A DISTANCE OF 157.18 FEET; THENCE S. 00°12'14” E., A DISTANCE OF 102.79 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF LARSON AVENUE; THENCE ALONG SAID RIGHT-OF-WAY LINE, N. 89°52'47” W., A DISTANCE OF 48.65 FEET TO THE POINT OF BEGINNNG.
LESS AND EXCEPT:
COMMENCE AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF LARSON AVENUE, AS RECORDED IN PLAT BOOK 36, PAGE 29, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, WITH WEST BOUNDARY OF THE EAST 687.22 FEET OF THE NORTHWEST 1/4 OF THE NORTHWEST ¼ OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA; THENCE N. 00°06'11” W., A DISTANCE OF 521.32 FEET ALONG SAID WESTERLY BOUNDARY TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WATKINS WAY; THENCE ALONG SAID RIGHT-OF-WAY LINE S. 89°52'47” E., A DISTANCE OF 414.44 FEET TO THE EAST BOUNDARY OF THE WEST 414.14 FEET OF THE EAST 687.22 FEET OF SAID NORTHWEST 1/4 OF THE NORTHWEST ¼ OF SECTION 23; THENCE S. 00°06'11” E., A DISTANCE OF 401.32 FEET ALONG SAID EAST BOUNDARY; THENCE N. 89°52'47” W., A DISTANCE OF 92.81 FEET TO THE POINT OF BEGINNING; THENCE S. 00°17'19' E., A DISTANCE OF 119.93 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF LARSON AVENUE; THENCE ALONG SAID RIGHT- OF-WAY LINE N. 89°52'47” W., A DISTANCE OF 93.13 FEET; THENCE N. 00°08'04” W., A DISTANCE OF 120.49 FEET; THENCE S. 89°31'56” E., A DISTANCE OF 92.81 FEET TO THE POINT OF BEGINNING.
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. TO REQUEST SUCH AN ACCOMMODATION, PLEASE CONTACT THE ADMINISTRATIVE OFFICE OF THE COURTS WITHIN TWO WORKING DAYS OF THE DATE THE SERVICE IS NEEDED: COMPLETE THE REQUEST FOR ACCOMMODATIONS FORM AND SUBMIT TO 800 E. TWIGGS STREET, ROOM 604 TAMPA, FL 33602. IF YOU ARE HEARING IMPAIRED, CALL 1-800-955-8771, VOICE IMPAIRED, CALL 1-800-955-8770 OR EMAIL [email protected].
DATED 3/31/23.
By: s/Jeffrey M. Seiden, Esq.
Jeffrey M. Seiden
Florida Bar No.: 57189
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]
1496-178551 / AP3
April 7, 14, 2023 23-00990H