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NOTICE OF SALE PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA.
CIVIL DIVISION
CASE NO. 24-CA-002292
WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT IN ITS
INDIVIDUAL CAPACITY BUT AS TRUSTEE OF SECURITIZED MORTGAGE ASSET LOAN TRUST
2015-1,
Plaintiff, vs.
PENNEY MALOY; CITY OF FORT MYERS, FLORIDA; 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 Order or Summary Final Judgment of foreclosure dated March 24, 2025, and entered in Case No. 24-CA-002292 of the Circuit Court in and for Lee County, Florida, wherein WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF SECURITIZED MORTGAGE ASSET LOAN TRUST 2015-1 is Plaintiff and PENNEY MALOY; CITY OF FORT MYERS, FLORIDA; 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, I will sell to the highest and best bidder for cash on Lee County's Public Auction website, www.lee.realforeclose.com, 9:00 a.m., on April 24, 2025 , the following described property as set forth in said Order or Final Judgment, to-wit:
LOT 1, SABAL PALM GARDENS, AS RECORDED IN PLAT BOOK 25, PAGES 52-53 IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA AND THAT PORTION OF LAND LYING CONTIGUOUS AND ADJACENT TO THE WEST LINE OF LOT 1 OF “SABAL PALMS GARDENS” A SUBDIVISION AS RECORDED IN PLAT BOOK 25, PAGE 53 OF PUBLIC RECORDS OF LEE COUNTY, FLORIDA AND BETTER DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1: THENCE CONTINUING WESTERLY ALONG THE NORTH LINE OF LOT 1, S 89° 14' 40” W FOR 23.00 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL TO THE WESTERLY LINE OF LOT 1 AND 23.00 FEET APART, S 01° 02' 20” E FOR 157.50 FEET TO A POINT ON THE PROLONGATION OF THE SOUTHERLY LINE OF LOT 1; THENCE, S 49° 22' 55” E FOR 3.41 FEET TO A POINT PROJECTED ALONG AN ARC OF A CURVE; THENCE NORTHEASTERLY ALONG AN ARC OF A CURVE CONCAVE TO THE SOUTHEASTERLY, WHICH CENTER BEARS S 52° 24' 06” E HAVING A RADIUS OF 260.00 FEET. AN INCLUDED ANGLE OF 06° 53' 53” AND ARC OF 31.29 FEET (CHORD BEARING N 39° 47' 23” E, 31.28 FEET) TO THE SOUTHWESTERLY CORNER OF LOT 1, THENCE N 01° 02' 20” W ALONG THE WESTERLY LINE OF THE AFORESAID LOT 1 FOR 135.98 FEET TO THE POINT OF BEGINNING. CONTAINING -3,425.36 SQ. FT. OR 0.78+/- ACRES.
THE ABOVE DESCRIBED PROPERTY IS SUBJECT TO A “PERPETUAL USE EASEMENT” ALLOWING FOR ACCESS AND INGRESS FOR THE BENEFIT OF GRANTOR, AND TO ALLOW GRANTOR ACCESS TO GAIN ENTRY AND USE THE CERTAIN WELL LOCATED ON THE SUBJECT PROPERTY AS WELL AS SERVICING, MAINTAINING, AND IF NECESSARY REPLACE SUCH WATER WELL.
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.
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 at Ft. Myers, Florida, on 04/08/2025
KEVIN C. KARNES
As Clerk, Circuit Court
(SEAL) By: N. Watson
As Deputy Clerk
Diaz Anselmo & Associates, P.A.
Attorneys for Plaintiff
P.O. BOX 19519
Fort Lauderdale, FL 33318
Telephone: (954) 564-0071
Service E-mail: [email protected]
1496-199775 / BJB
April 11, 18, 2025 25-01419L