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NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE 6TH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA
GENERAL JURISDICTION
DIVISION
CASE NO: 17-000046-CI
U.S. BANK, N.A., SUCCESSOR TRUSTEE TO LASALLE BANK NATIONAL ASSOCIATION, ON BEHALF OF THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2007-HE6, ASSET-BACKED CERTIFICATES SERIES 2007-HE6,
Plaintiff, vs.
JAMES I. PASCO, JR. A/K/A JAMES IVORY PASCO, JR.; BETTY L. PASCO; CITY OF OLDSMAR, FLORIDA; UNKNOWN TENANT #1; UNKNOWN TENANT #2,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Order Granting Plaintiff's Motion to Cancel the March 14, 2023 the Foreclosure Sale Date entered in Civil Case No. 17-000046-CI of the Circuit Court of the 6TH Judicial Circuit in and for Pinellas County, Florida, wherein U.S. BANK, N.A., SUCCESSOR TRUSTEE TO LASALLE BANK NATIONAL ASSOCIATION, ON BEHALF OF THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2007-HE6, ASSET-BACKED CERTIFICATES SERIES 2007-HE6 is Plaintiff and PASCO, JAMES JR, et al, are Defendants. The Clerk, KEN BURKE, shall sell to the highest and best bidder for cash at Pinellas County's On Line Public Auction website: www.pinellas.realforeclose.com, at 10:00 AM on June 14, 2023, in accordance with Chapter 45, Florida Statutes, the following described property located in PINELLAS County, Florida, as set forth in said Uniform Final Judgment of Foreclosure Count I and Final Judgment for Declaratory Judgment Counts II, I And V, to-wit:
Plaintiff, whose address is Select Portfolio Servicing, Inc., 3217 S. Decker Lake Drive, Salt Lake City, Utah 84119, holds a lien for the total sum specified in section 3 of the Uniform Final Judgment of Foreclosure Count I and Final Judgment for Declaratory Judgment Counts II, I And V. The lien of the Plaintiff is superior in dignity to all rights, titles, interests, or claims of the Defendant(s) and all persons, corporations, or other entities claiming by, through, or under the Defendant(s), or any of them and the property will be sold free and clear of all claims of the Defendant(s), with the exception of any assessments that are superior pursuant to sections 718.116 and 720.3085, Florida Statutes, or (described other surviving lien). The Plaintiff lien encumbers the subject property located in Pinellas County, Florida, and described as:
THE FOLLOWING DESCRIBED PARCEL OF LAND, AND IMPROVEMENTS AND APPURTENANCES THERETO IN THE COUNTY OF PINELLAS, STATE OF FLORIDA TO WIT:
COMMECE AT THE NORTHEAST CORNER OF BLOCK 209, REVISED MAP OF OLDSMAR, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 6, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA
AND
THENCE RUN N 89 DEGREES 45 MINUTES 37 SECONDS W ALONG THE NORTH BOUNDARY OF SAID BLOCK 209, A DISTANCE OF 333.64 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE, N 89 DEGREES 45 MINUTES 37 SECONDS W A DISTANCE OF 26.60 FEET TO A POINT OF INTERSECTION WITH A BOUNDARY LINE AGREEMENT RECORDED IN OFFICIAL RECORD BOOK 5196, PAGE 1821, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA;
THENCE S 38 DEGREES 38 MINUTES 27 SECONDS W, ALONG SAID BOUNDARY LINE AGREEMENT, A DISTANCE OF 109.29 FEET;
THENCE LEAVING SAID LINE, S 00 DEGREES 22 MINUTES 07 SECONDS W, A DISTANCE OF 259.29 TO THE EXTENDED CENTERLINE OF DOUGLAS ROAD,
THENCE S 89 DEGREES 42 MINUTES 34 SECONDS E, ALONG SAID EXTENDED CENTERLINE OF DOUGLAS ROAD, A DISTANCE OF 94.69 ' FEET;
THENCE N 00 DEGREES 18 MINUTES 10 SECONDS E A DISTANCE OF 345.03 FEET TO THE POINT OF BEGINNING. HAVING AN AREA OF 29700.80 SQUARE FEET OF 0.682 ACRES MORE OR LESS.
Property Address: 250 Douglas Rd W, Oldsmar, Florida 34677.
Count V of the Uniform Final Judgment of Foreclosure Count I and Final Judgment for Declaratory Judgment Counts II, I And V is hereby granted by virtue of the certain stipulation between Plaintiff and City of Oldsmar dated February 10, 2020, and filed with the Court on February 10, 2020 (the “Stipulation”). The City of Oldsmar holds a prescriptive easement across, over and upon the Property by virtue of a Final Judgment recorded in on March 3, 2011 in Official Records Book 17186 Page 2376 of the Public Records of Pinellas County, Florida (the “Prescriptive Easement”). Exhibit A to the said Stipulation is a 3 page legal description and sketch of the Prescriptive Easement. The Stipulation and corresponding Exhibit “A” are incorporated herein by reference. The Plaintiff's mortgage is subject to the Prescriptive Easement and the City of Oldsmar's right and duty to maintain the Prescriptive Easement.
The Certificate of Title shall further reference the Property and Prescriptive Easement as follows:
THE FOLLOWING DESCRIBED PARCEL OF LAND, AND IMPROVEMENTS AND APPURTENANCES THERETO IN THE COUNTY OF PINELLAS, STATE OF FLORIDA TO WIT:
COMMECE AT THE NORTHEAST CORNER OF BLOCK 209, REVISED MAP OF OLDSMAR, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 6, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA
AND
THENCE RUN N 89 DEGREES 45 MINUTES 37 SECONDS W ALONG THE NORTH BOUNDARY OF SAID BLOCK 209, A DISTANCE OF 333.64 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE, N 89 DEGREES 45 MINUTES 37 SECONDS W A DISTANCE OF 26.60 FEET TO A POINT OF INTERSECTION WITH A BOUNDARY LINE AGREEMENT RECORDED IN OFFICIAL RECORD BOOK 5196, PAGE 1821, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA;
THENCE S 38 DEGREES 38 MINUTES 27 SECONDS W, ALONG SAID BOUNDARY LINE AGREEMENT, A DISTANCE OF 109.29 FEET;
THENCE LEAVING SAID LINE, S 00 DEGREES 22 MINUTES 07 SECONDS W, A DISTANCE OF 259.29 TO THE EXTENDED CENTERLINE OF DOUGLAS ROAD,
THENCE S 89 DEGREES 42 MINUTES 34 SECONDS E, ALONG SAID EXTENDED CENTERLINE OF DOUGLAS ROAD, A DISTANCE OF 94.69 ' FEET;
THENCE N 00 DEGREES 18 MINUTES 10 SECONDS E A DISTANCE OF 345.03 FEET TO THE POINT OF BEGINNING. HAVING AN AREA OF 29700.80 SQUARE FEET OF 0.682 ACRES MORE OR LESS.
LESS an easement of 30.0 feet along the South side for access.
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 discretion, may enlarge the time of the sale. Notice of the changed time of sale shall be published as provided herein.
If you are a person with a disability who needs an accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 500, Clearwater, FL 33756. Phone: (727) 464-4062 V/TDD or 711 if you are hearing impaired. Contact should be initiated at least seven (7) days before the scheduled Court Appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days.
The Court does not provide transportation and cannot accommodate for this service. Persons with disabilities needing transportation to the Court should contact their local public transportation providers for information regarding disabled transportation services.
Todd C. Drosky, Esq.
FRENKEL LAMBERT WEISS
WEISMAN & GORDON, LLP
One East Broward Boulevard, Suite 1111
Fort Lauderdale, Florida 33301
Telephone: (954) 522-3233 |
Fax: (954) 200-7770
FL Bar #: 54811
DESIGNATED PRIMARY E-MAIL FOR SERVICE PURSUANT TO FLA. R. JUD. ADMIN 2.516
[email protected]
04-074375-F01
March 24, 31, 2023 23-01266N