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COLONIAL MANOR MHC HOLDINGS, LLC
900 9TH AVENUE EAST
PALMETTO, FL 34221
NOTICE OF RIGHT OF FORMER TENANT(S) TO RECLAIM ABANDONED PROPERTY PURSUANT TO §715.105 AND NOTICE TO LIENHOLDER OF STORAGE CHARGES PURSUANT TO FLA. STAT. §723.084
(Certified Mail, Return Receipt Required and by Regular Mail)
AND PUBLISHED PURSUANT TO F.S. 709.109(2)
TO: MARLIN JAY YODER, ANY DESCENDANTS OR SUCCESSORS OF INTEREST IN AND ANY UNKNOWN TENANTS AT:
900 9th Avenue East, LOT 168
Palmetto, Manatee County, Florida 34221
(FORMER TENANTS)
CMRR: 9589-0710-5270-0136-5644-59
AND TO:
RON OR CLAUDIA HARTUNG (AS TO LIENHOLDER)
P.O. BOX 100
PALMETTO, FL 34220-0000
CMRR: 9589-0710-5270-0136-5644-42
AS TO FORMER TENANT: When you vacated the premises at 900 9TH AVENUE EAST, LOT 168, PALMETTO, FL 34221 the following personal property remained:
1979 NOBILITY HOMES INC., double-wide mobile home, Vehicle Identification No. N 21287A, FLORIDA TITLE NO. 16884902 AND VIN N21287B, FLORIDA TITLE NO. 16884903 and UNIDENTIFIED PERSONAL PROPERTY INSIDE IT.
If you own this property, you may claim it at: 900 9th AVENUE EAST, PALMETTO, FL 34221 (Main Office)
Unless you pay the reasonable costs of storage and advertising, if any, for all the above described property and take possession of the property which you claim, not later than SEPTEMBER 24, 2023 at 11:00 a.m., this property will be sold pursuant to Florida Statutes §715.109. THE AMOUNT OF STORAGE FEES DUE BY THE FORMER TENANT ON THIS MOBILE HOME AND UNIDENTIFIED PERSONAL PROPERTY IS THE SUM OF $7,256.00 pursuant to Fla. Stat. §715.111 as of the date of the the execution of this notice.
PLEASE NOTE: If you fail to reclaim the property, it will be sold at a Public Sale after notice of the sale has been given by this publication. You have the right to bid on the property at the sale. After the property is sold and the costs of storage, advertising, and sale are deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within one year after the county receives the money.
AS TO LIENHOLDER: Effective five (5) days from this date, storage charges are accruing at the rate of $20.88 per day on the mobile home identified above. The day from which the Lienholder is required to make payments to COLONIAL MANOR MHC HOLDINGS, LLC is calculated in accord with the date of receipt of this letter.
Pursuant to subsection 3 of Florida Statute §723.084, you are obligated to advise COLONIAL MANOR MHC HOLDINGS, LLC, 900 9TH Avenue East, Palmetto, FL 34221 of your intentions with regard to the storage charges claimed. Pursuant to this statute, the daily amount of the lien is one/30th of the last monthly rental amount paid by the homeowner Shirwin Inc. v. And Suncoast Schs. Fed. Credit Union, 2016 Fla. Cir. LEXIS 39905, Circuit Court of the Twentieth Judicial Circuit of Florida, Collier County, October 31, 2016, Decided; November 1, 2016, Case No.: 16-CA-1494.
The procedure the lienholder must comply with to prevent its loss of its lienholder protections is:
Fla. Stat. §723.084 (3) The lienholder must notify the property owner within 30 days of receipt of the notice pursuant to subsection (2) whether it intends to make payment of the storage charges and, if the lienholder agrees to make payment, to pay the storage charges accruing to that date. Thereafter, the lienholder shall pay storage charges according to the schedule of payments that the homeowner was responsible for paying. THE MONTHLY RENTAL CURRENTLY IN EFFECT IS $723.50 PER MONTH, DUE ON THE FIRST OF EACH MONTH. In the event that the lienholder does not notify the property owner of its intention to not pay storage charges, the storage charges shall accrue and be due and owing to the property owner. In the event the lienholder notifies the property owner within 30 days of the receipt of the notice that it does not intend to pay the storage charges, the storage charges shall not accrue, but the lienholder shall not be entitled to any of the protections set forth in this act, and shall be subject to any remedies available to the property owner including retention of possession of the mobile home and foreclosure thereon to satisfy the landlord's lien for rent. A copy of the lien information used to deliver this letter to the Lienholder is incorporated into this notice and attached as Exhibit A. You may furnish any information to the property owner either directly or through my office.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
COLONIAL MANOR MHC HOLDINGS, LLC
900 9TH AVENUE EAST
PALMETTO, FL 34221
OWNER OF REAL PROPERTY LOCATED AT:
900 9TH AVENUE EAST
LOT 168
PALMETTO, FL 34221
DATE:_________________ CHERYL PEAKE, PARK MANAGER
900 9th Avenue East
Palmetto, FL 34221
(941)-722-3191
THIS DOCUMENT WAS PREPARED BY: WILLIAM C. PRICE, III, P.A.
522 12th Street West
Bradenton, FL 34205
August 4, 11, 2023 23-01260M