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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT
IN AND FOR VOLUSIA COUNTY, FLORIDA
CASE NO.: 2023 11685 CIDL
TD BANK, N.A., a national banking association,
Plaintiff, vs.
TODD MORGAN; TABITHA MORGAN; TENANT #1 (4450 Mills Road, Deland, Florida 32724) and UNKNOWN TENANT(S) IN POSSESSION, IF ANY (4440 Mills Road, Deland, Florida 32724),
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the In Rem Final Judgment of Foreclosure and Reformation of Deed dated February 18, 2025, and entered in Case No. 2023 11685 CIDL of the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida wherein TD Bank, N.A., is Plaintiff, and Todd Morgan, et al, are Defendants. The Clerk of this Court shall sell to the highest and best bidder for cash electronically at www.volusia.realforeclose.com at 11:00 a.m. on May 20, 2025, the following described property as set forth in said In rem Final Judgment of Foreclosure and Reformation of Deed, to wit:
PARCEL 1:
A PORTION OF LOTS 13, JOHN M. HIRES SUBDIVISION OF PART OF PAUL DUPON GRANT, SECTION 39, TOWNSHIP 16 SOUTH, RANGE 30 EAST, ACCORDING TO MAP IN MAP BOOK 2, PAGE 9, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 12 OF SAID SUBDIVISION, AS A POINT OF REFERENCE; THENCE N 00°58'53” W ALONG THE EAST LINE OF SAID LOT 12 AND THE WESTERLY RIGHT OF WAY OF MILLS ROAD, A DISTANCE OF 893.68 FEET TO THE POINT OF BEGINNING; THENCE S 84°21'29” W, A DISTANCE OF 295.03 FEET TO A POINT; THENCE N 07°49'28” E, A DISTANCE OF 75.00 FEET TO A POINT; THENCE N 79°44'00” E, A DISTANCE OF 306.98 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF MILLS ROAD; THENCE S 00°58'53”E ALONG THE WESTERLY RIGHT OF WAY OF MILLS ROAD, A DISTANCE OF 100.03 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE EASTERLY 18 FEET.
PARCEL 2:
A PORTION OF LOTS 13, JOHN M. HIRES SUBDIVISION OF PART OF PAUL DUPON GRANT, SECTION 39, TOWNSHIP 16 SOUTH, RANGE 30 EAST, ACCORDING TO MAP IN MAP BOOK 2, PAGE 9, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 12, JOHN M. HIRES SUBDIVISION OF PAUL DUPON GRANT, AS A POINT OF REFERENCE; THENCE N 00°58'53”W ALONG THE EAST LINE OF SAID LOT 12 AND THE WESTERLY RIGHT OF WAY OF MILLS ROAD, A DISTANCE OF 793.65 FEET TO THE POINT OF BEGINNING; THENCE S 89°20'19” W, A DISTANCE OF 285.12 FEET TO A POINT; THENCE N 07°49'28” W, A DISTANCE OF 75.00 FEET TO A POINT; THENCE N 84°21'29” E, A DISTANCE OF 295.03 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF MILLS ROAD; THENCE S 00°58'53”E ALONG THE WESTERLY RIGHT OF WAY OF MILLS ROAD, A DISTANCE OF 100.03 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE EASTERLY 18 FEET.
PARCEL 3:
A PORTION OF LOTS 12 AND 13, JOHN M. HIRES SUBDIVISION OF PART OF PAUL DUPON GRANT, SECTION 39, TOWNSHIP 16 SOUTH, RANGE 30 EAST, ACCORDING TO MAP IN MAP BOOK 2, PAGE 9, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 12 OF SAID SUBDIVISION AS A POINT OF REFERENCE; THENCE N 00°58' 53”W ALONG THE EAST LINE OF SAID LOT 12 AND THE WESTERLY RIGHT OF WAY OF MILLS ROAD, A DISTANCE OF 641.15 FEET TO THE POINT OF BEGINNING; THENCE S 89°10'07” W, A DISTANCE OF 237.04 FEET TO A POINT; THENCE N 40°12'30” W, A DISTANCE OF 54.90 FEET TO A POINT; THENCE N 07°49'28” W, A DISTANCE OF 111.74 FEET TO A POINT; THENCE N 89°20'19” E, A DISTANCE OF 285.08 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF MILLS ROAD; THENCE S 00°58'53”E ALONG THE WESTERLY RIGHT OF WAY OF MILLS ROAD, A DISTANCE OF 152.50 FEET TO THE POINT OF BEGINNING. LESS AND
EXCEPT THE EASTERLY 18 FEET.
PARCEL 4:
A PORTION OF LOTS 12, JOHN M. HIRES SUBDIVISION OF PART OF PAUL DUPON GRANT, SECTION 39, TOWNSHIP 16 SOUTH, RANGE 30 EAST, ACCORDING TO MAP IN MAP BOOK 2, PAGE 9, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 12 OF SAID SUBDIVISION, AS A POINT OF REFERENCE; THENCE N 00°58'53” W ALONG THE EAST LINE OF SAID LOT 12 AND THE WESTERLY RIGHT OF WAY OF MILLS ROAD, A DISTANCE OF 493.15 FEET TO THE POINT OF BEGINNING; THENCE S 89°34'42” W, A DISTANCE OF 116.65 FEET TO A POINT; THENCE N 40°12'30” W, A DISTANCE OF 190.38 FEET TO A POINT; THENCE N 89°10'07” E, A DISTANCE OF 237.04 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF MILLS ROAD; THENCE S 00°58'53”E ALONG THE WESTERLY RIGHT OF WAY OF MILLS ROAD, A DISTANCE OF 148.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE EASTERLY 18 FEET
Now known as:
PARCEL 1 -A PORTION OF LOTS 12 & 13, JOHN M. HIRES SUBDIVISION OF PAUL DUPON GRANT, SECTION 39, TOWNSHIP 18 SOUTH. RANGE 30 EAST, ACCORDING TO MAP IN MAP BOOK 2, PAGE 9, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE S.E. CORNER OF LOT 12 OF SAID SUBDIVISION; RUN THENCE N00”58'53”W ALONG THE EAST LINE OF SAID SUBDIVISION, ALSO BEING THE WEST RIGHT-OF-WAY LINE OF MILLS ROAD, A DISTANCE OF 644.06 FEET TO THE POINT OF BEGINNING; THENCE S89°38'15”W A DISTANCE OF 141.15 FEET; THENCE N00°57'04”W A DISTANCE OF 235.43 FEET; THENCE S89°38'15”W A DISTANCE OF 50.00 FEET; THENCE S00°57'04”F. A DISTANCE OF 165.01 FEET; THENCE S89°38'15”W A DISTANCE OF 81.88 FEET; THENCE N08°27'08”W A DISTANCE OF 261.74 FEET; THENCE N79”25'30”E A DISTANCE OF 306.98 FEET TO A POINT ON THE EAST LINE OF LOT 13 OF SAID SUBDIVISION, SAID POINT ALSO BEING ON THE WEST RIGHT-OF WAY LINE OF MILLS ROAD; THENCE S00”58'53'E ALONG SAID EAST LINE OF LOT 13 AND ALSO ALONG SAID WEST RIGHT OF WAY LINE OF MILLS ROAD, A DISTANCE OF 350.28 FEET TO THE POINT OF BEGINNING;
AND
PARCEL 2 - A PORTION OF LOTS 12 & 13, JOHN M. HIRES SUBDIVISION OF PAUL DUPON GRANT, SECTION 39, TOWNSHIP 18 SOUTH, RANGE 30 EAST, ACCORDING TO MAP IN MAP BOOK 2, PAGE 9, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE S.E. CORNER OF LOT 12 OF SAID SUBDIVISION; RUN THENCE N00°58' 53”W ALONG THE EAST LINE OF SAID SUBDIVISION, ALSO BEING THE WEST RIGHT-OF-WAY LINE OF MILLS ROAD, A DISTANCE OF 493.65 FEET TO THE POINT OF BEGINNING; THENCE S89”38'15”W A DISTANCE OF 116.53 FEET; THENCE N40”29'47”W, A DISTANCE OF 127.77 FEET; THENCE N39°06' 15”W, A DISTANCE OF 114.65 FEET; THENCE N08”27'08”W, A DISTANCE OF 34.06 FEET; THENCE N89°38'15” E, A DISTANCE OF 81.88 FEET; THENCE N00”57'04”W A DISTANCE OF 165.01 FEET; THENCE N89”38'15”E A DISTANCE OF 50.00 FEET; THENCE S00°57'04”E A DISTANCE OF 235.43 FEET; THENCE N89°38'15”E A DISTANCE OF 141.25 FEET TO A POINT ON THE EAST LINE OF LOT 12 OF SAID SUBDIVISION, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF MILLS ROAD; THENCE S00°58'53'E ALONG SAID EAST LINE OF LOT 12 AND ALSO ALONG SAID WEST RIGHTOF-WAY LINE OF MILLS ROAD, A DISTANCE OF 150.41 FEET TO THE POINT OF BEGINNING.
PARCEL IDENTIFICATION NUMBERS: 603908000111 and 603908000122
Property Addresses: 4450 Mills Road, Deland, Florida 32724, and
4440 Mills Road, Deland, Florida 32724 1
ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS PROCEEDS FROM THE SALE, IF ANY, OTHER THEN THE PROPERTY OWNER AS OF THE DATE OF THE LIS PENDENS MUST FILE A CLAIM WITH THE CLERK BEFORE THE CLERK REPORTS THE SURPLUS AS UNCLAIMED. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
DATED this 21st day of February, 2025.
DUANE MORRIS LLP
Counsel for Plaintiff TD Bank, N.A.
By: /s/ Danielle Rundlett Burns
Danielle Rundlett Burns
Florida Bar No.: 0722561
Duane Morris LLP
5100 Town Center Circle, Suite 400
Boca Raton, FL 33486
Telephone: (561) 962-2119
Facsimile: (561) 962-2101
E-mail: [email protected]
[email protected]
[email protected]
1 The last vesting deed split the subject property into two separate parcels (603908000111 and 603908000122), both of which are encumbered by TD Bank's mortgage.
May 1, 8, 2025 25-00189I