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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# 093-6918364
PCN:06-32-17-03744-027-0110
NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on March 11, 2010, a certain Mortgage was executed by Betty Smiley Littrell as Mortgagor in favor of Wells Fargo Bank, N.A. which Mortgage was recorded March 19, 2010, in Official Records Book 16861, Page 1519 in the Office of the Clerk of the Circuit Court for Pinellas County, Florida, (the “Mortgage”); and
WHEREAS, the Mortgage was assigned to Nationstar Mortgage LLC by Assignment recorded August 10, 2017 in Official Records Book 19737, Page 1251, in the Office of the Clerk of the Circuit Court for Pinellas County, Florida; and
WHEREAS, the Mortgage was assigned to and is now owned by the Secretary, by Assignment recorded June 21, 2019 under Clerk's File Number 2019198583, 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 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 27, 2023 is $145,011.21 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 Betty Smiley Littrell 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 Betty Smiley Littrell, 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 Betty Smiley Littrell, 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 March 19, 2010, in Official Records Book 16861, Page 1529 of the Public Records of Pinellas County, Florida but such interest is subordinate to the lien of the Mortgage of the Secretary;
WHEREAS, the City of St., Petersburg may claim some interest in the property hereinafter described pursuant to those certain recorded in Official Records Book 17071, Page 2171; Official Records Book 17348, Page 1024; Official Records Book 17400, Page 2605; Official Records Book 17454, Page 2189; Official Records Book 17777, Page 2279; Official Records Book 17970, Page 2195; Official Records Book 18153, Page 96; Official Records Book 18216, Page 1815; Official Records Book 18277, Page 1586; Official Records Book 18287, Page 462; Official Records Book 18451, Page 210; Official Records Book 18549, Page 276; Official Records Book 18549, Page 437; Official Records Book 18642, Page 398; Official Records Book 18663, Page 962; Official Records Book 18733, Page 2267; and Official Records Book 18937, Page 1919 as may be release by Releases recorded in Official Records Book 18451, Page 148; Official Records Book 19103, Page 2044; Official Records Book 19124, Page 209; and Official Records Book 19124, Page 209 all of the Public Records of Pinellas County, Florida but such interests, if any, 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 September 20, 2023 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:
Lots Eleven (11) and Twelve (12) in Block Twenty Seven (27) of BAYOU BONITA SECTION “C”, as shown and designated upon the Map or Plat thereof, recorded in Plat Book 7, Page 2 and on file and of record in the office of the clerk of the circuit court of Pinellas County, Florida
Commonly known as: 601 Lake Maggiore Boulevard S, Saint Petersburg, Florida 33705
The sale will be held at 601 Lake Maggiore Boulevard S, Saint Petersburg, Florida 33705. The Secretary of Housing and Urban Development will bid $145,011.21 plus interest from July 27, 2023 at a rate of $32.40 per diem (subject to increases applicable under the Note), plus all costs of this foreclosure and excluding costs of an owner's policy of title insurance or other sums which will be due from any third party purchaser.
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 higsh 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: August 1, 2023
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 1 day of August, 2023, by mean of [XX] physical presence, Michael J Posner, HUD Foreclosure Commissioner who [XX] is personally known to me.
Chris Lashley
Notary Public, State of Florida
My Commission Expires:
(SEAL) NOTARY PUBLIC
STATE OF FLORIDA
Chris Lashley
Commission # HH 255221
Expires August 20, 2026
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
August 11, 18, 25, 2023 23-03426N