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NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT
OF THE NINTH
JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY,
FLORIDA.
CIVIL DIVISION
CASE NO.
482022CA005391A001OX
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-50CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
2005-50CB,
Plaintiff, vs.
RENE VIAMONTES, AS TRUSTEE OF THE RENE VIAMONTES REVOCABLE TRUST U/A/D JUNE 13TH, 2016; CLERK OF THE CIRCUIT COURT OF ORANGE COUNTY, FLORIDA; UNKNOWN BENEFICIARIES OF THE RENE VIAMONTES REVOCABLE TRUST U/A/D JUNE; REGIONS BANK F/K/A AMSOUTH BANK; STATE OF FLORIDA; RENE VIAMONTES; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED,
Defendant(s).
NOTICE IS HEREBY GIVEN pursuant to an Summary Final Judgment of Foreclosure dated May 28, 2024, and entered in Case No. 482022CA005391A001OX of the Circuit Court in and for Orange County, Florida, wherein THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-50CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-50CB is Plaintiff and RENE VIAMONTES, AS TRUSTEE OF THE RENE VIAMONTES REVOCABLE TRUST U/A/D JUNE 13TH, 2016; CLERK OF THE CIRCUIT COURT OF ORANGE COUNTY, FLORIDA; UNKNOWN BENEFICIARIES OF THE RENE VIAMONTES REVOCABLE TRUST U/A/D JUNE; REGIONS BANK F/K/A AMSOUTH BANK; STATE OF FLORIDA; RENE VIAMONTES; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, are Defendants, TIFFANY MOORE RUSSELL, Clerk of the Circuit Court, will sell to the highest and best bidder for cash www.myorangeclerk.realforeclose.com, 11:00 A.M., on August 27, 2024, the following described property as set forth in said Order or Final Judgment, to-wit:
ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND LYING AND BEING IN THE COUNTY OF ORANGE, STATE OF FLORIDA, VIZ:
PARCEL A:
THAT PART OF ARMSTRONG ACRES, AS PER PLAT THEREOF AS RECORDED IN PLAT BOOK “Q”, PAGE 2, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; DESCRIBED AS FOLLOWS:
FROM A POINT ON THE NORTH SIDE OF VIRGINIA LANE IN FRONT OF LOT 8 SITUATED 60 FEET AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID LOT, RUN WESTERLY 64.92 FEET ALONG THE NORTH SIDE OF VIRGINIA LANE TO THE POINT OF BEGINNING; RUN THENCE N. 7 DEGREES 19' E. 29.51 FEET, THENCE N . 33 DEGREES 27'73” E. 115.00 FEET; THENCE NORTH 36.28 FEET; THENCE N. 33 DEGREES 27' 73” 416.30 FEET MORE OR LESS TO A POINT IN LAKE HOLDEN 300 FEET SOUTH OF THE NORTH LINE OF THE NE 1/4 OF THE SE 1/4 OF SECTION 10, TOWNSHIP 23 SOUTH, RANGE 29 EAST, THENCE WESTERLY PARALLEL WITH SAID NORTH LINE 223.7 FEET MORE OR LESS TO POINT OF INTERSECTION WITH THE PROLONGATION OF THE SOUTHEASTERLY LINE OF LOT 5 OF ARMSTRONG ACRES REPLAT, AS RECORDED IN PLAT BOOK “R”, PAGE 17, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE S. 47 DEGREES 11' W. 25.45 FEET ALONG SAID PROLONGATION, THENCE S. 27 DEGREES 43' 13” W. 233.22 FEET, THENCE S. 24 DEGREES 08'45” W. 165.56 FEET; THENCE S. 2 DEGREES 03' W. 126.41 FEET TO THE NORTH LINE OF VIRGINIA LANE, 126.33 FEET WESTERLY FROM THE POINT OF BEGINNING; THENCE EASTERLY 126.33 FEET ALONG THE NORTH LINE OF VIRGINIA LANE TO THE POINT OF BEGINNING.
PARCEL B:
THAT PART OF ARMSTRONG ACRES, AS RECORDED IN PLAT THEREOF IN PLAT BOOK “Q”, PAGE 2, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA., DESCRIBED AS FOLLOWS:
FROM A POINT ON THE NORTH SIDE OF VIRGINIA LANE, IN FRONT OF LOT 8, SITUATED 60 FEET AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID LOT, RUN WESTERLY 191.25 FEET ALONG THE NORTH SIDE OF VIRGINIA LANE TO POINT OF BEGINNING, RUN THENCE N. 2 DEGREES 03' E., 126.41 FEET; THENCE N., 24 DEGREES 08' 45” E., 165.56 FEET; THENCE N. 27 DEGREES 43'13” E. 233.22 FEET TO A POINT IN LAKE HOLDEN ON THE NORTHERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF LOT 5 OF ARMSTRONG ACRES REPLAT, AS RECORDED IN PLAT BOOK “R”, PAGE 17, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE S. 47 DEGREES 11' W. 150.06 FEET MORE OR LESS, ALONG SAID PROLONGATION TO A POINT IN LAKE SITUATED N. 27 DEGREES 58' E. FROM A POINT 48.41 FEET WESTERLY FROM THE SOUTHEAST CORNER OF LOT 5, ARMSTRONG ACRES, MEASURED ALONG THE NORTH LINE OF VIRGINIA LANE; THENCE S. 27 DEGREES 58' W, 431.38 FEET TO SAID POINT ON THE NORTH LINE OF VIRGINIA LANE; THENCE EASTERLY 130.00 FEET ALONG THE NORTH LINE OF VIRGINIA LANE TO THE POINT OF BEGINNING.
LESS AND EXCEPT:
A PORTION OF LOTS 5 AND 6, ARMSTRONG ACRES, AS RECORDED IN PLAT BOOK “Q”, PAGE 2, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE POINT OF CURVATURE (P.C.) LYING ON THE SOUTH LINE OF LOT 5, ARMSTRONG ACRES, AS RECORDED IN PLAT BOOK “Q”, PAGE 2, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF 43RD STREET; RUN THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 341.30 FEET, THROUGH A CENTRAL ANGLE OF 00°46' 44” A DISTANCE OF 4.64 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 27°58' 00” EAST 431.38 FEET; THENCE ALONG THE NORTHERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF LOT 5, ARMSTRONG ACRES REPLAT, AS RECORDED IN PLAT BOOK “R”, PAGE 17, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, NORTH 47°11' 00” EAST 175.50 FEET TO A POINT IN LAKE HOLDEN 300 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 SOUTH RANGE 29 EAST, THENCE NORTH 87° 56' 39” EAST 31.46 FEET; THENCE SOUTH 27°58' 00” WEST 567.60 FEET TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, SOUTH 89 59'14” WEST 91.65 FEET TO THE POINT OF BEGINNING (P.O.B).
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 DESCRETION, 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 any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Pursuant to Florida Statute 45.031(2), this notice shall be published twice, once a week for two consecutive weeks, with the last publication being at least 5 days prior to the sale.
DATED 5/30/2024.
By: /s/ Nazish Z. Shah
Nazish Z. Shah
Florida Bar No.: 92172
Roy Diaz, Attorney of Record
Florida Bar No. 767700
Diaz Anselmo & Associates, P.A.
Attorneys for Plaintiff
499 NW 70th Ave., Suite 309
Fort Lauderdale, FL 33317
Telephone: (954) 564-0071
Facsimile: (954) 564-9252
Service E-mail: [email protected]
1496-184685 / SR4
June 6, 13, 2024 24-01817W