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NOTICE OF DEFAULT AND FORECLOSURE SALE
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# 095-0305681
PCN:402303480004
WHEREAS, on September 18, 2006, a certain Mortgage was executed by Donald F. Newhouse and Betty A. Newhouse, husband and wife as Mortgagor in favor of Financial Freedom Senior Funding Corporation which Mortgage was recorded October 19, 2006, in Official Records Book 3055, Pages 931- 942 in the Office of the Clerk of the Circuit Court for Charlotte County, Florida, (the “Mortgage”); and
WHEREAS, the Mortgage was assigned to MERS as nominee for Financial Freedom Acquisition LLC by Assignment recorded October 8, 2009 in Official Records Book 3424, Page 95 and corrected in Official Records Book 4254, Page 1127 in the Office of the Clerk of the Circuit Court for Charlotte County, Florida; and
WHEREAS, the Mortgage was assigned to and is now owned by the Secretary, by Assignment recorded January 9, 2020 in Official Records Book 4525, Page 1938, in the Office of the Clerk of the Circuit Court for Charlotte 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 June 12, 2024 is $315,715.98 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 A. Newhouse 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 Secretary may have an interest in the property hereinafter described, pursuant to that Adjustable-Rate Home Equity Conversion Second Mortgage recorded October 19, 2006, in Official Records Book 3055, Page 943 of the Public Records of Charlotte County, Florida but such interest is subordinate to the lien of the Mortgage of the Secretary;
WHEREAS, Section 20 Property Owners Association, Inc. may claim some interest in the property hereinafter described pursuant to that certain Declaration recorded in Official Records Book 373, Page 109, and all amendments thereto and that certain Lien recorded under Clerk's File Number 20233307776 and Lis Pendens recorded under Clerk's File Number 20243355960 of the Public Records of Charlotte County, Florida but such interest is subordinate to the lien of the Mortgage of the Secretary; and
WHEREAS, Charlotte County may claim some interest in the property hereinafter described pursuant to that certain Utility Lien recorded in Official Records Book 4682, Page 1246, of the Public Records of Charlotte 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 December 30, 2008 under Instrument Number 1816272 of the Public Records of Charlotte County, Florida, notice is hereby given that on September 20, 2024 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 4, Block 518, PUNTA GORDA ISLES, SECTION 20, according to the Plat thereof, as recorded in Plat Book 11, Pages 2-A through 2-Z-42 of the Public Records of Charlotte County, Florida
Commonly known as: 27446 Pasto Drive, Punta Gorda, Florida 33983
The sale will be held at 27446 Pasto Drive, Punta Gorda, Florida 33983. The Secretary of Housing and Urban Development will bid $315,715.98 plus interest from June 12, 2024 ) together with accrued unpaid interest from the date thereof (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 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: July 31, 2024
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
Sworn to, subscribed and acknowledged before me this 2nd day of August 2024, 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.
Notary Public, State of Florida
(SEAL) SHANTEL CRAYTON
Commission # HH 420242
Expires July 29, 2027
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. See details of your rights on the attached Notice.
FAIR DEBT PRACTICES ACT NOTICE
Ward Damon PL is a debt collector. We are trying to collect a debt that you owe to the United States Secretary of Housing and Urban Development. We will use any information you give us to help collect the debt.
How can you dispute the debt?
Call or write to us within thirty (30) days of your receipt of this Notice of Default to dispute all or part of the debt. If you do not, we will assume that our information is correct.
If you write to us within thirty (30) days of your receipt of this Notice of Default, we must stop collection on any amount you dispute until we send you information that shows you owe the debt. You may use the form below or write to us without the form. You may also include supporting documents. We accept disputes electronically via email at [email protected].
What else can you do?
Write to ask for the name and address of the original creditor, if different from the current creditor. If you write within thirty (30) days of your receipt of this Notice of Default, we must stop collection until we send you that information.
You may use the form below or write to us without the form. We accept such requests electronically via email at [email protected].
Go to www.cfpb.gov/debt-collection to learn more about your rights under federal law. For instance, you have the right to stop or limit how we contact you.
Contact us about your payment options.
Póngase en contacto con nosotros para solicitor una copia de este formulario en español.
How do you want to respond?
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Check all that apply: Mail this form to: Michael Posner, Esq., Ward Damon PL, 4420 Beacon Circle, West Palm Beach, Florida 33407
[] I want to dispute the debt because I think:
[] This is not my debt.
[] The amount is wrong.
[] Other (please describe on reverse or attach additional information).
[] I want you to send me the name and address of the original creditor.
[] Other (please describe on reverse or attach additional information).
[] I enclosed this amount: $_________ Make your check payable to Ward Damon Trust Account. Include the name of the United States Secretary of Housing and Urban Development.
[] Quiero este formulario en español.
August 16, 23, 30, 2024 24-00790T