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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# 094-5202251
PCN:17-22-31-2800-02-081
NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on October 12, 2006, a certain Mortgage was executed by William Hallauer and Jane Marlene Hallauer, husband and wife as Mortgagor in favor of Financial Freedom Senior Funding Corporation which Mortgage was recorded October 24, 2006, in Official Records Book 8933, Page 1266 in the Office of the Clerk of the Circuit Court for Orange County, Florida, (the “Mortgage”); and
WHEREAS, the Mortgage was assigned to MERS as nominee for as Nominee for Financial Freedom Acquisition LLC by Assignment recorded October 1, 2009 in Official Records Book 9941, Page 9275, 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 November 16, 2020 under Clerk's File Number 2020-0597009, 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 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 January 12, 2023 is $282,611.34 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 William Hallauer 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 William Hallauer, 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 William Hallauer, 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, Susan Haines; Michelle Crawford and William Hallauer may claim some interest in the property hereinafter described as the known heirs of William Hallauer, deceased, 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 October 24, 2006, in Official Records Book 8933, Page 1275 of the Public Records of Orange County, Florida but such interest is subordinate to the lien of the Mortgage of the Secretary; and
WHEREAS, Orange County Neighborhood Services Division may claim some interest in the property hereinafter described pursuant to that certain lien recorded under Clerk's File Number 2022-0700057 of the Public Records of Orange County, Florida but such interest is subordinate to the lien of the Mortgage of the Secretary; and
WHEREAS, Discover Bank may claim some interest in the property hereinafter described pursuant to that certain certified final summary judgment recorded under Clerk's File Number 2020- 0056600 of the Public Records of Orange 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 November 18, 2010 in Official Records Book 10136, Page 0919 of the Public Records of Orange County, Florida, notice is hereby given that on March 14, 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:
Lot 8, Block “B”, FLOWERS MANOR, according to the Plat thereof, recorded in Plat Book R, Page 131, of the Public Records of Orange County, Florida
LESS: Begin at a point on the West side of Union Street and the East line of Lot 8, above described, said point being 6 feet South of the Northeast corner of said Lot 8; thence run Southwesterly 6 feet distant and parallel to said North line of said Lot 8 into the lake to the West line of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 20, Township 22 South, Range 31 East; thence run Northeasterly to a point at the water's edge which is 76 feet South of the North line of said Lot 8, Block “B”; thence continue Northeasterly to a point on the East line of said Lot 8 and the West side of Union Street which is 100 feet Southerly from the Point of Beginning; thence North to the Point of Beginning.
ALSO LESS: Beginning at the Southeast corner of said Lot 8, run North 05°56' East 100 feet along the Easterly boundary of said Lot 8; thence North 86°34' West 535 feet, more or less to a point on the West boundary of said Lot 8; thence Southeasterly to the Southwest corner of said Lot 8; thence Southeasterly along the Southerly boundary of said Lot 8 to the Point of Beginning
Commonly known as: 1700 Lake Downey Drive, Orlando, Florida 32825
The sale will be held at 1700 Lake Downey Drive, Orlando, Florida 32825. The Secretary of Housing and Urban Development will bid $282,611.34 plus interest from January 12, 2023 at a rate of $52.34 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 19, 2023 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 19th day of January, 2023, 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 August 20, 2026
/s/ Chris Lashley
Commission # HH 255221
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
Jan. 26; Feb. 2, 9, 2023 23-00443W