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FIRST INSERTION
NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on January 22, 2009, a certain Mortgage was executed by VILIUS A. JUSKA and UNKNOWN SUCCESSOR TRUSTEE TO VILIUS. A JUSKA, AN UNMARRIED MAN, AS TRUSTEE OF VILIUS A. JUSKA TRUST DATED FEBRUARY 2, 1993, AND AMENDED BY FIRST AMENDMENT DATED APRIL 7, 1997, as mortgagor(s) in favor of AMERICAN REVERSE MORTGAGE CORPORATION, as mortgagee and was recorded on February 4, 2009, in Book 16489 and Page 532 in the Official Records of Pinellas County, Florida; and
WHEREAS, the Mortgage was insured by the United States Secretary of Housing and Urban Development (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, pursuant to an assignment dated November 12, 2018, and recorded on November 13, 2018, in Book 20333 and Page 1931 in the Official Records of Pinellas County, Florida; and
WHEREAS, a default has been made in the covenants and conditions of the Mortgage in that a Borrower has died and the Property is not the principal residence of at least one surviving borrower, and the outstanding balance remains wholly unpaid as of the date of this notice, and no payment has been made sufficient to restore the loan to currency; and
WHEREAS, the entire amount delinquent as of February 28, 2022, is $254,603.91; 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;
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 me as Foreclosure Commissioner, recorded on December 21, 2021 in Book 21858 and Page 1905, notice is hereby given that on February 28, 2025 at 10:00 A.M., EST local time, all real and personal property at or used in connection with the following described premises (“Property”) will be sold at public auction to the highest bidder:
THAT CERTAIN PARCEL CONSISTING OF UNIT NO. 221, AS SHOWN ON CONDOMINIUM PLAT OF BAY ISLAND GROUP NO. 6, A CONDOMINIUM, ACCORDING TO THE CONDOMINIUM PLAT BOOK 13, PAGE 59 THROUGH 63, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND BEING FURTHER DESCRIBED IN THAT CERTAIN DECLARATION OF CONDOMINIUM RECORDED MAY 13, 1971 IN OFFICIAL RECORDS BOOK 3540, PAGE 677 THROUGH 806, AND AMENDMENT ADDING GROUP NO. 6, RECORDED MARCH 6, 1973 IN OFFICIAL RECORDS BOOK 4000, PAGE 1322, TOGETHER WITH SUCH ADDITIONS AND AMENDMENTS TO SAID DECLARATION AND CONDOMINIUM PLAT AS FROM TIME TO TIME MAY BE MADE, ALL AS RECORDED IN THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; TOGETHER WITH THE EXHIBITS ATTACHED THERETO AND MADE A PART THEREOF; AND TOGETHER WITH AN UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO.
Commonly known as: 7405 Bay Island Dr. S #221, South Pasadena, FL 33707
The sale will be held at the front entrance to Pinellas County Courthouse, 315 Court St., Clearwater, FL 33756.
The Secretary of Housing and Urban Development will bid $333,001.71.
There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his prorata 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 $33,300.17 in the form of a certified check or cashier's check made out to the Secretary of HUD. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $33,300.17 must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered within 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 highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date 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 15-day increments for a fee of $500.00, 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 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 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 scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the mortgagor to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the mortgage agreement are tendered to the Foreclosure Commissioner, in the form of a certified or cashier's check payable to the Secretary of HUD, before public auction of the property is completed.
The amount that must be paid if the mortgage is to be reinstated prior to the scheduled sale is $333,001.71 as of February 28, 2025, 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: 01/14/2025 ________/s/_____________________
Annalise Hayes DeLuca, Esq., FBN:116897
Audrey J. Dixon, Esq., FBN: 39288
Elizabeth A. Wulff, Esq., FBN: 12219
MCMICHAEL TAYLOR GRAY, LLC
Foreclosure Commissioner
3550 Engineering Drive, Suite 260
Peachtree Corners, GA 30092
Phone: 404.474.7149
Fax: 404.745.8121
Email: [email protected]
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 14th day of January, 2025, by Annalise DeLuca who is/are personally known to me, or who has/have produced _______ as identification.
_____/s/______________________________
Notary Public
[Seal] Notary Public State of Florida
Marie Salmon
My Commission HH 383884
Expires 4/26/2027
January 31; February 7, 14, 2025 25-00383N