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NOTICE OF DEFAULT AND
INTENT TO FORECLOSE
SANIBEL BEACH CLUB / STATE OF FLORIDA, COUNTY OF LEE
Pursuant to Section 721.855, Florida Statutes, Sanibel Beach Club Condominium Association, Inc., a Florida Not-For-Profit Corporation has recorded a Claim of Lien in the amount of (See Exhibit “A”), with interest accruing at the daily per diem rate of (See Exhibit “A”), and recorded in Instrument Number (See Exhibit “A”), of the Public Records of Lee County, Florida, and the undersigned Trustee as appointed by Sanibel Beach Club Condominium Association, Inc., a Florida Not-For-Profit Corporation, hereby formally notifies (See Exhibit “A”) if living, and if dead, the unknown spouse, heirs, devisees, grantees, assignees, lienors, creditors, trustees and all other parties claiming an interest by, through, under and against the above-named Obligor(s) that due to your failure to pay the annual assessment(s) due on (See Exhibit “A”) and all assessment(s) thereafter, you are currently in default of your obligations to pay assessments due to Sanibel Beach Club Condominium Association, Inc., a Florida Not-For-Profit Corporation on the following described real property located in Lee County, Florida: (See Exhibit “A”) Time Share Interest(s) (See Exhibit “A”) according to the Declaration of Condominium, recorded in Official Records Book 1146, at Page 2083, of the Public Records of Lee County, Florida. As a result of the aforementioned default, Sanibel Beach Club Condominium Association, Inc., a Florida Not-For-Profit Corporation hereby elects to sell the Property pursuant to Section 721.855, Florida Statutes. Please be advised that in the event that your obligation is not brought current (including the payment of any fees incurred by Sanibel Beach Club Condominium Association, Inc., a Florida Not-For-Profit Corporation in commencing this foreclosure process) within thirty (30) days from the first date of publication, the undersigned Trustee shall proceed with the sale of the Property as provided in Section 721.855, Florida Statutes, in which case, the undersigned Trustee shall: (1) Provide you with written notice of the sale, including the date, time and location thereof; (2) Record the notice of sale in the Public Records of Lee County, Florida; and (3) Publish a copy of the notice of sale two (2) times, once each week, for two (2) successive weeks, in a Lee County newspaper. If you fail to cure the default as set forth in this notice or take other appropriate action with regard to this foreclosure matter, you risk losing ownership of your timeshare interest through the trustee foreclosure procedure established in Section 721.855, Florida Statutes. You may choose to sign and send to the undersigned trustee the objection form provided to you by mail, exercising your right to object to the use of the trustee foreclosure procedure. Upon the undersigned trustee's receipt of your signed objection form, the foreclosure of the lien with respect to the default specified in this notice shall be subject to the judicial foreclosure procedure only. You have the right to cure your default in the manner set forth in this notice at any time before the undersigned trustee's sale of your timeshare interest. If you do not object to the use of the trustee foreclosure procedure, you will not be subject to a deficiency judgment even if the proceeds from the sale of your timeshare interest are insufficient to offset the amounts secured by the lien.
Dated: January 10, 2025
By: Harry Klausner, Esq., as Trustee
EXHIBIT “A” Legal Description of property being foreclosed:
Unit Week (see below) in Condominium Parcel Letter (see below) in Building Number (see below) and its undivided share of the common elements of Sanibel Beach Club, a condominium, according to the Declaration of Condominium and exhibits thereof, as recorded in Official Records Book 1146, beginning at Page 2083, and as amended in Official Records Book 1178, Page 1213, and Official Records Book 1178, page 1216, as to Phase I; as recorded in Official Records Book 1146, beginning at Page 2154, and as amended in Official Records Book 1178, Page 1218, as to Phase II; as recorded in Official Records Book 1144, beginning at Page 1340, and as amended in Official Records Book 1146, Page 2080, as to Phase III; as recorded in Official Records Book 1251, beginning at Page 1746, as to Phase IV; and as amended in Official Records Book 2034, beginning at Page 4528, and as amended in Official Records Book 2499, Page 2487, and as amended in Official Records Book 2578, Page 2964, and as amended in Instrument Number 2007000267272, as to all Phases, all of the Public Records of Lee County, Florida and all further amendments thereto, if any.
Owner(s)-Obligor(s)*** / Unit Week Description / Default Date / Instr # Lien / Lien Amount / Daily Per Diem of Lien Amount / Current Amount owed under lien including costs, attorney fees and any additional maintenance fees / Last known mailing address
Robert Rice and Toni Rice / Unit Week 25 Condominium Parcel Letter B Building Number 1 / February 1, 2024 / / $1,924.07 / $1.08 / $3,645.36 / 392 NE 82nd Ter Miami FL 33138
Thomas L. Woods / Unit Week 20 Condominium Parcel Letter B Building Number 4 / February 1, 2024 / / $2,153.97 / $1.19 / $3,877.13 / 9547 Lantern Bay Cir West Palm Beach FL 33411
Donald Baker and Gisela Baker / Unit Week(s) 51, 1 & 2 Condominium Parcel Letter D Building Number 4 / February 1, 2024 / / $6,176.92 / $3.25 / $10,985.49 / 544 Earlston Rd Kenilworth IL 60043
Kathleen M. Wade / Unit Week 32 Condominium Parcel Letter B Building Number 2 / February 1, 2024 / / $2,153.97 / $1.19 / $3,877.13 / 190 Reeder Dr Butler OH 44822
Paula L. Guffey a/k/a Paula Z. Guffey and William P. Guffey / Unit Week(s) 49 & 50 Condominium Parcel Letter A Building Number 4 / February 1, 2024 / / $4,057.94 / $2.17 / $7,321.24 / 1285 Fairfax Manor Dr Carmel IN 46032
***if living, and if dead, the unknown spouse, heirs, devisees, grantees, assignees, lienors, creditors, trustees and all other parties claiming an interest by, through, under and against the above-named Obligor(s)
January 17, 24, 2025 25-00216L