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NOTICE OF ACTION BY
PUBLICATION
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO. 2024-CA-000685-O
WYNDHAM VACATION RESORTS, INC., F/K/A FAIRFIELD RESORTS, INC., F/K/A FAIRFIELD COMMUNITIES, INC., A DELAWARE CORPORATION,
Plaintiff, vs.
WENDY ANN CUTTING, et al,
Defendants.
TO THE FOLLOWING DEFENDANTS WHOSE RESIDENCES ARE UNKNOWN:
COUNT I:
TO: WENDY ANN CUTTING
7118 SHANNOPIN DR APT 815
CHARLOTTE, NC 28270
TO: RICHARD ALDEN CUTTING
7118 SHANNOPIN DR APT 815
CHARLOTTE, NC 28270
COUNT III:
TO: KARLA JO ULMER
12 STORAGE LN
TIMBERVILLE, VA 22853
COUNT V:
TO: CYNTHIA CHAMBERS
609 MELINDA LN
BIRMINGHAM, AL 35214
COUNT VI:
TO: ANDRES GARZON FORERO
APTO 501
BOGOTA, DC 110231, COLOMBIA
TO: AMELIA JHOANNA ARAQUE MONTOYA
APTO 501
BOGOTA, DC 110231, COLOMBIA
COUNT VII:
TO: JONATHAS SILVA SARZEDA
R LAZARO JOSE DE PAULA 184
JARDIM SAO LUIS, SP 05844 -130, BRAZIL
TO: PRISCILA SOARES DE FRANCA SARZEDA
R LAZARO JOSE DE PAULA 184
JARDIM SAO LUIS, SP 05844 -130, BRAZIL
COUNT VIII:
TO: CAROLYN T KEARNEY
3 SULLIVAN CT
PORTSMOUTH, VA 23701
COUNT IX:
TO: ANGEL RAFAEL RODRIGUEZ MORALES
5304 CALLE CERILLO
CANOVANAS, PR 00729
TO: DARLENE COSME
JUSTINIANO
5304 CALLE CERILLO
CANOVANAS, PR 00729
COUNT XV:
TO: THAINA GONZALEZ
1115 POND SIDE DR
COLORADO SPRINGS, CO 80911
HOA:
TO: BONNET CREEK RESORT VACATION CONDOMINIUM ASSOCIATION, INC. CORPORATION
1201 HAYES STREET
TALLAHASSEE, FL 32301
The above-named Defendant(s) is/are not known to be dead or alive and/or, if dead, the unknown spouses, heirs, devisees, grantees, assignees, lienors, creditors, trustees, or other claimants, by, through under or against said Defendants and all parties having or claiming to have any right, title or interest in the property described below.
YOU ARE HEREBY NOTIFIED of the institution of the above-styled foreclosure proceedings by the Plaintiff upon the filing of a complaint to foreclose a mortgage and for other relief relative to the following described property:
COUNT I:
WENDY ANN CUTTING and RICHARD ALDEN CUTTING
One (1) Vacation Ownership Interest (“VOI”) having a 233,000/725,592,000 undivided tenant-in-common fee simple fractional Ownership Interest in all residential units numbered 501-506, 508-510, 512-514, 516-522, 601-606, 608-610, 612-614, 616-622, 701-706, 708-710, 712-714, 716-722, 801-806, 808-810, 812-814, 816-822 and none other located in Building entitled “BUILDING 6, PHASE VI”, within the Condominium Property submitted to the timeshare Plan of FAIRFIELD ORLANDO AT BONNET CREEK RESORT, A CONDOMINIUM (“The Resort Facility”), together with all appurtenances thereto, according and subject to the “Declaration of Condominium for Fairfield Orlando at Bonnet Creek Resort a Condominium” recorded on June 8, 2004 in Official Records Book 7475, Page 881, et seq, Public Records of Orange County, Florida, as heretofore or hereafter amended (collectively, the “Declaration”). Being the exact same property conveyed to Mortgagor by deed recorded immediately prior to the recordation hereof.
The VOI described above has a(n) ANNUAL Ownership Interest as described in the Declaration and such Ownership Interest has been allocated 233,000 Points as defined in the Declaration for use in EACH year(s). The Usage Right of the VOI is a Floating Use Right.
COUNT III:
KARLA JO ULMER
One (1) Vacation Ownership Interest (“VOI”) having a 1,203,500/695,141,000 undivided tenant-in-common fee simple fractional Ownership Interest in all residential units numbered 163-171, 173-177, 263-271, 273-278, 363-371, 373-378, 463-471, 473-478, 563-571, 573-578 and none other located in Building entitled “BUILDING 4, PHASE IV”, within the Condominium Property submitted to the timeshare Plan of FAIRFIELD ORLANDO AT BONNET CREEK RESORT, A CONDOMINIUM (“The Resort Facility”), together with all appurtenances thereto, according and subject to the “Declaration of Condominium for Fairfield Orlando at Bonnet Creek Resort a Condominium” recorded on June 8, 2004 in Official Records Book 7475, Page 881, et seq, Public Records of Orange County, Florida, as heretofore or hereafter amended (collectively, the “Declaration”). Being the exact same property conveyed to Mortgagor by deed recorded immediately prior to the recordation hereof.
The VOI described above has a(n) ANNUAL Ownership Interest as described in the Declaration and such Ownership Interest has been allocated 1,203,500 Points as defined in the Declaration for use in EACH year(s). The Usage Right of the VOI is a Floating Use Right.
COUNT V:
CYNTHIA CHAMBERS
One (1) Vacation Ownership Interest (“VOI”) having a 84,000/704,420,000 undivided tenant-in-common fee simple fractional Ownership Interest in all residential units numbered 663-671, 673-678, 763-771, 773-778, 863-871, 873-878, 963-971, 973-978, 1063-1071, 1073-1078 and none other located in Building entitled “BUILDING 4, PHASE IV”, within the Condominium Property submitted to the timeshare Plan of FAIRFIELD ORLANDO AT BONNET CREEK RESORT, A CONDOMINIUM (“The Resort Facility”), together with all appurtenances thereto, according and subject to the “Declaration of Condominium for Fairfield Orlando at Bonnet Creek Resort a Condominium” recorded on June 8, 2004 in Official Records Book 7475, Page 881, et seq, Public Records of Orange County, Florida, as heretofore or hereafter amended (collectively, the “Declaration”). Being the exact same property conveyed to Mortgagor by deed recorded immediately prior to the recordation hereof.
The VOI described above has a(n) BIENNIAL Ownership Interest as described in the Declaration and such Ownership Interest has been allocated 168,000 Points as defined in the Declaration for use in EVEN year(s). The Usage Right of the VOI is a Floating Use Right.
COUNT VI:
ANDRES GARZON FORERO and AMELIA JHOANNA ARAQUE MONTOYA
One (1) Vacation Ownership Interest (“VOI”) having a 84,000/613,176,000 undivided tenant-in-common fee simple fractional Ownership Interest in all residential units numbered 1163-1171, 1173-1178, 1263-1271, 1273-1278, 1363-1371, 1373-1378, 1465-1471, 1473-1476, 1565-1568, 1571, 1573, 1574 and none other located in Building entitled “BUILDING 4, PHASE IV”, within the Condominium Property submitted to the timeshare Plan of FAIRFIELD ORLANDO AT BONNET CREEK RESORT, A CONDOMINIUM (“The Resort Facility”), together with all appurtenances thereto, according and subject to the “Declaration of Condominium for Fairfield Orlando at Bonnet Creek Resort a Condominium” recorded on June 8, 2004 in Official Records Book 7475, Page 881, et seq, Public Records of Orange County, Florida, as heretofore or hereafter amended (collectively, the “Declaration”). Being the exact same property conveyed to Mortgagor by deed recorded immediately prior to the recordation hereof.
The VOI described above has a(n) BIENNIAL Ownership Interest as described in the Declaration and such Ownership Interest has been allocated 168,000 Points as defined in the Declaration for use in EVEN year(s). The Usage Right of the VOI is a Floating Use Right.
COUNT VII:
JONATHAS SILVA SARZEDA and PRISCILA SOARES DE FRANCA SARZEDA
One (1) Vacation Ownership Interest (“VOI”) having a 105,000/613,176,000 undivided tenant-in-common fee simple fractional Ownership Interest in all residential units numbered 547-552, 554-562, 647-652, 654-662, 747-752, 754-762, 849-852, 854-860, 949, 950, 954-956, 959, 960 and none other located in Building entitled “BUILDING 3, PHASE III”, within the Condominium Property submitted to the timeshare Plan of FAIRFIELD ORLANDO AT BONNET CREEK RESORT, A CONDOMINIUM (“The Resort Facility”), together with all appurtenances thereto, according and subject to the “Declaration of Condominium for Fairfield Orlando at Bonnet Creek Resort a Condominium” recorded on June 8, 2004 in Official Records Book 7475, Page 881, et seq, Public Records of Orange County, Florida, as heretofore or hereafter amended (collectively, the “Declaration”). Being the exact same property conveyed to Mortgagor by deed recorded immediately prior to the recordation hereof.
The VOI described above has a(n) BIENNIAL Ownership Interest as described in the Declaration and such Ownership Interest has been allocated 210,000 Points as defined in the Declaration for use in EVEN year(s). The Usage Right of the VOI is a Floating Use Right.
COUNT VIII:
CAROLYN T KEARNEY
One (1) Vacation Ownership Interest (“VOI”) having a 308,000/920,709,500 undivided tenant-in-common fee simple fractional Ownership Interest in all Residential Units located in Building entitled “BUILDING 1”, within the Condominium Property submitted to the timeshare Plan of FAIRFIELD ORLANDO AT BONNET CREEK RESORT, A CONDOMINIUM (“The Resort Facility”), together with all appurtenances thereto, according and subject to the “Declaration of Condominium for Fairfield Orlando at Bonnet Creek Resort a Condominium” recorded on June 8, 2004 in Official Records Book 7475, Page 881, et seq, Public Records of Orange County, Florida, as heretofore or hereafter amended (collectively, the “Declaration”). Being the exact same property conveyed to Mortgagor by deed recorded immediately prior to the recordation hereof.
The VOI described above has a(n) ANNUAL Ownership Interest as described in the Declaration and such Ownership Interest has been allocated 308,000 Points as defined in the Declaration for use in EACH year(s). The Usage Right of the VOI is a Floating Use Right.
COUNT IX:
ANGEL RAFAEL RODRIGUEZ MORALES and DARLENE COSME JUSTINIANO
BONNET CREEK RESORT, A CONDOMINIUM (“The Resort Facility”), together with all appurtenances thereto, according and subject to the “Declaration of Condominium for Fairfield Orlando at Bonnet Creek Resort a Condominium” recorded on June 8, 2004 in Official Records Book 7475, Page 881, et seq, Public Records of Orange County, Florida, as heretofore or hereafter amended (collectively, the “Declaration”). Being the exact same property conveyed to Mortgagor by deed recorded immediately prior to the recordation hereof.
The VOI described above has a(n) BIENNIAL Ownership Interest as described in the Declaration and such Ownership Interest has been allocated 105,000 Points as defined in the Declaration for use in EVEN year(s). The Usage Right of the VOI is a Floating Use Right.
COUNT XV:
THAINA GONZALEZ
One (1) Vacation Ownership Interest (“VOI”) having a 154,000/763,462,000 undivided tenant-in-common fee simple fractional Ownership Interest in all residential units numbered 181-186, 191-198, 279-286, 288, 290-298, 379-386, 388, 390-398, 479-486, 488, 490-498, 579-586, 588, 590-598 and none other located in Building entitled “BUILDING 5, PHASE V”, within the Condominium Property submitted to the timeshare Plan of FAIRFIELD ORLANDO AT BONNET CREEK RESORT, A CONDOMINIUM (“The Resort Facility”), together with all appurtenances thereto, according and subject to the “Declaration of Condominium for Fairfield Orlando at Bonnet Creek Resort a Condominium” recorded on June 8, 2004 in Official Records Book 7475, Page 881, et seq, Public Records of Orange County, Florida, as heretofore or hereafter amended (collectively, the “Declaration”). Being the exact same property conveyed to Mortgagor by deed recorded immediately prior to the recordation hereof.
The VOI described above has a(n) ANNUAL Ownership Interest as described in the Declaration and such Ownership Interest has been allocated 154,000 Points as defined in the Declaration for use in EACH year(s). The Usage Right of the VOI is a Floating Use Right.
HOA: BONNET CREEK RESORT VACATION CONDOMINIUM ASSOCIATION, INC.
CORPORATION
ALL, within the Condominium Property submitted to the Timeshare Plan of FAIRFIELD ORLANDO AT BONNET CREEK RESORT, A CONDOMINIUM (“The Resort Facility”), together with all appurtenances thereto, according and subject to the “Declaration of Condominium for Fairfield Orlando at Bonnet Creek Resort a Condominium” recorded on June 8, 2004 in Official Records Book 7475, Page 881, et seq, Public Records of Orange County, Florida, as heretofore or hereafter amended (collectively, the “Declaration”).
AND you are required to serve a copy of your written defenses, if any to the complaint, upon Tara C. Early, Esq., Gasdick Stanton Early, P.A., 1601 W. Colonial Dr., Orlando, FL, 32804, attorneys for the Plaintiff, within 30 days from the first date of publication, and file the original with the Clerk of the above-styled Court either before service on Plaintiff's attorney or immediately thereafter, otherwise a default will be entered against you for the relief demanded in the Complaint.
Pursuant to the Fair Debt Collection Practices Act, it is required that we state the following to you: THIS DOCUMENT IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES
If you are a person with a disability who needs any accommodation in order to participate in a court proceeding or event, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: ADA Coordinator, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, fax: 407-836-2204; at least 7 days before your scheduled court appearance, or immediately upon receiving notification if the time before the scheduled court appearance is less than 7 days. If you are hearing or voice impaired, call 711 to reach the Telecommunications Relay Service.
DATED on this wnd day of April, 2024.
Tiffany Moore Russell
As Clerk of the Court
By: /S/ Rasheda Thomas
Deputy Clerk
Civil Court Seal
Tiffany Moore Russell, Clerk of Courts
Civil Division
425 North Orange Ave.
Suite 350
Orlando, Florida 32801
Tara C. Early, Esq.
Florida Bar #0173355
Gasdick Stanton Early, P.A.
1601 W. Colonial Dr.
Orlando, FL, 32804
Ph. (407)425-3121
Fx (407) 425-4105
E-mail: [email protected]
BC 554- NOA
April 11, 18, 2024 24-01222W