Loading
SECOND AMENDED NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT
OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE
COUNTY, FLORIDA
CASE NO: 2025-CA-1406
TARPON 44, LLC,
Plaintiff, v.
DILAURA DEVELOPMENT, LLC, TARPON WATERFRONT VILLAGE, LLC, JEFFREY DILAURA, NORTH PORT SEALCOATING LLC, OVERALL MARINE SERVICES LLC, PAUL K. OWEN, UNKNOWN TENANT #1 and UNKNOWN TENANT #2,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Partial Default Judgment for foreclosure entered on September 2, 2026, in the above-styled cause, in the Circuit Court of Charlotte County, Florida, the Clerk of the Circuit Court of Charlotte County, Florida, will sell the property situated in Charlotte County, Florida, described as:
See Exhibit A attached hereto and made a part hereof by reference as if fully set forth herein for legal description.
at public sale, to the highest and best bidder, for cash, at www.charlotte.realforeclose.com, at 11:00 a.m. on October 14, 2026.
EXHIBIT A
Legal Description, A-1
PARCEL 1
Lots 1 and 2, Block 2101A, REPLAT OF A PORTION OF PORT CHARLOTTE SUBDIVISION, SECTION THIRTY-SIX, a subdivision according to the plat thereof, as recorded in Plat Bock 6, Pages 8A and 8B, of the Public Records of Charlotte County, Florida.
PARCEL 2:
A tract of land lying in the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 26, Township 40 South, Range 22 East, which tract is described as follows: From the quarter section corner at the center of Section 26 run South along the North and South quarter section line for 1327.75 feet to a concrete monument at the Northwest corner of said SW 1/4 of the SE 1/4; thence run East along the North line of said quarter-quarter section for 200 feet to a concrete monument, the same being the point of beginning. From said point of beginning run South for a distance of 50 feet to a point, thence run West 254.83 feet to a point, thence run North 50 feet to a point, thence run East 254.83 feet along the North line of said quarter section to the point of beginning; said land lying and being in Section 26, Township 40 South, Range 22 East, Charlotte County, Florida,
AND
PARCEL 3:
A tract of land lying in the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 26, Township 40 South, Range 22 East, which tract is described as follows:
From the quarter section corner at the center of Section 26 run South along the N and S quarter section line for 1,327.75 feet to a concrete monument at the NW corner of said SW 1/4 of the SE 1/4; thence run E along the N line of said quarter-quarter section for 200 feet to a concrete monument and the Point of Beginning of the land hereby conveyed. From said Point of Beginning run W along said N line and the N line of the SE 1/4 of the SW 1/4 for 339 feet to a concrete monument; thence run S parallel to said quarter section line for 605.27 feet to a concrete monument; thence continue S on the same course for 27 feet, more or less, to the waters of Charlotte Harbor, thence run Easterly along said waters for 339 feet, more or less, to an intersection with a line through the Point of Beginning parallel to said quarter section line; thence run North parallel to said 1/4 suction line for 27 feet, more or less, to a concrete monument; thence continue N on the same course for 627.27 feet to the Point of Beginning.
LESS the following:
A parcel conveyed to Knox Investment Corp. from Harold F. Morningstar and Iliah M. Morningstar by deed dated February 27, 1963 and recorded in O.R. Book 154. Page 201, of the Public Records of Charlotte County, Florida. More particularly described as:
A Tract of land lying in the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 26, Township 40, South, Range 22 East which tract is described us follows:
From the quarter section corner at the center of Section 26 run south along the north and south quarter section line for 1327.75 feet to a concrete monument at the northwest corner of said SW ¼ of the SE ¼; thence run east along the north line of said quarter-quarter section for 200 feet to a concrete monument, the same being the point of beginning. From the said point of beginning run south for a distance of 50 feet to a point, thence run west 254.83 feet to a point, thence run north 50 feet to a point, thence run east 254.83 feet along the north line of said quarter section to the point of beginning of said land lying and being in Section 26, Township 40 South, Range 22 East, Charlotte County, Florida.
Legal Description, A-2
4399 Willow Street, Parcel 1
Beginning at the Northwest corner of the SW 1/4 of the NW 1/4 of the SE 1/4 of Section 26, Township 40 South, Range 22 East, Charlotte County, Florida, and running thence East 44 Yards; thence South 110 Yards; thence West 44 Yards; thence North 110 Yards to a place of beginning. Also the S 1/2 of the SW 1/4 of the NW 1/4 of the SE 1/4 of Section 26, Township 40 South, Range 22 East, Charlotte County, Florida, Less Beginning at the Southwest corner of the SW 1/4 of the NW 1/4 of the SE 1/4 of Section 26, Township 40 South, Range 22 East, Charlotte County, Florida; thence Northerly along the West line of the E 1/2 of said Section 26, 208.75 feet to a point; thence Easterly parallel with the South line of the SW 1/4 of the NW 1/4 of the SE 1/4 of said Section 26, 208.75 feet to a point; thence Southerly parallel with the West line of the East 1/2 of said Section 26, 208.75 feet to the South line of the SW 1/4 of the NW 1/4 of the SE 1/4 of said Section 26; thence to Point of Beginning.
4331 Willow, Parcel 2
All that tract or parcel of land lying and being in the North Half of the West Half of Northwest Quarter of the Southeast Quarter of Section 26, Township 40 South, Range 22 East, Charlotte County, Florida described as follows:
Commencing at the Southwest corner of the Northwest Quarter of the Southeast Quarter of the said Section, Township and Range, and running North 10 chains to place of beginning; thence East 950 links; thence North 263 links; thence West 950 links; thence South 263 links to place of beginning, Charlotte County, Florida.
Plus the following parcel:
The East Half of the North Half of the South Half of the West Half of the Northwest Quarter of the Southeast Quarter of Section 26, Township 40 South, Range 22 East, Being also known as all of Mizell’s Addition to the Town of Charlotte Harbor, Florida, Charlotte County, Florida.
Plus the following parcel:
The East one and one-half acres of the NW 1/4 of the SW 1/4 of the NW 1/4 of the SE 1/4 of Section 26, Township 40 South, Range 22 East, Charlotte County, Florida. No Address: Owned by DiLaura Development, Parcel ID Number 402226401007 Parcel 3 BEGINNING 200’ E OF THE NW CORNER OF THE S.W. 1/4 OF THE S.E. 1/4 OF SEC. 26 TWP. 40 S. RGE. 22 E.; THENCE RUN SOUTH 733’ MORE OR LESS TO THE MEAN HIGH WATER LINE; THENCE ON A NORTH NORTHEASTERLY DIRECTION 400’ MORE OR LESS ALONG THE MEAN HIGH WATER LINE OF PEACE RIVER TO THE WEST BANK OF TIDE CREEK; THENCE ON A NORTH NORTHWESTERLY DIRECTION ALONG THE WEST BANK OF TIDE CREEK TO THE NORTH LINE OF THE S.W. 1/4 OF THE S.E. 1/4 OF SEC. 26 TWP. 40 S. RGE. 22 E.; THENCE WEST ALONG SAID NORTH LINE TO THE POINT OF BEGINNING.
Legal Description, A-3
Parcels 1, 2, and 3 as described in A-2 above are also as described herein below:
(AS SURVEYED)
A PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 26. TOWNSHIP 40 SOUTH. RANGE 22 EAST, CHARLOTTE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS:
BEGIN AT THE SOUTHWEST CORNER OF EDGEWATER VILLAGE CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 463, PAGES 980 THROUGH 1030. CHARLOTTE COUNTY, FLORIDA, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF LISTER STREET (50 RIGHT-OF WAY): THENCE RUN S 89°58’03” E, ALONG THE SOUTH LINE OF SAID EDGEWATER VILLAGE, A DISTANCE OF 626.73 FEET TO THE NORTHEAST CORNER OF PARCEL 17 AS RECORDED IN OFFICIAL RECORDS BOOK 2044, PAGE 587, CHARLOTTE COUNTY, FLORIDA; THENCE RUN THE FOLLOWING THREE (3) COURSES ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 17. (1) S 00°34’23” E, 173.81 FEET; (2) N 89°20’45” E, 33.56 FEET; (3) S 00°35’01” E, 329.33 FEET TO THE NORTHEAST CORNER OF PARCEL 18, AS RECORDED IN SAID OFFICIAL RECORDS BOOK 4611, PAGE 1972; THENCE RUN S 00˚43’28”E, ALONG THE EAST LINE OF SAID PARCEL 18, A DISTANCE OF 331.74 FEET, TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF AFOREMENTIONED SECTION 26; THENCE RUN N 89˚55’17” W. ALONG SAID NORTH LINE. A DISTANCE OF 374.12 FEET. TO THE CENTERLINE OF A CREEK, SAID POINT ALSO BEING THE NORTHEAST CORNER OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4988, PAGE 1505, CHARLOTTE COUNTY, FLORIDA; THENCE RUN ALONG SAID CENTERLINE OF CREEK, THE FOLLOWING TWELVE (12) COURSES, (1) S 22°20’46” W, 26.05 FEET, (2) S 38°51’07” E, 34.78 FEET; (3) S 48°51’49” E, 32.23 FEET; (4) S 66°59’39” E, 40.42 FEET; (5) S 16°27’02” E, 76.50 FEET; (6) S 52°07’50” E, 36.19 FEET; (7) S 19°47’16” E, 41.22 FEET; (8) S 31°01’35” E, 103.43 FEET; (9) S 05°11’05” E, 25.98 FEET; (10) S 23°24’11° E, 64.12 FEET; (11) S 08°38’52” W, 34.87 FEET; (12) S 04°01’41” E, 49.14 FEET, TO THE MEAN HIGH WATER LINE OF PEACE RIVER (ELEVATION 0.06): THENCE RUN SOUTHWESTERLY ALONG SAID MEAN HIGH WATER LINE, THE FOLLOWING FIVE (5) COURSES, (1)S 71°12’49” W, 83.78 FEET: (2) S 56°07’32° W, 121.49 FEET: (3) S 39°18’17” W, 97.87 FEET; (4) S 41˚11’31” W, 58.77 FEET: (5) S 19°08’50 W, 41.39 FEET, TO THE SOUTHWESTERLY CORNER OF SAID PARCEL IN OFFICIAL RECORDS BOOK 4988, PAGE 1505; THENCE RUN N 00°39’15” W, ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 733.31 FEET. TO THE AFOREMENTIONED NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF THE LESS PORTION OF AFOREMENTIONED PARCEL 18: THENCE RUN S 89°55’17 E, ALONG SAID SOUTHERLY LINE AND SAID NORTH LINE, A DISTANCE OF 8.73 FEET, TO THE SOUTHEAST CORNER OF SAID LESS PORTION; THENCE RUN N 00°39’15” W. ALONG THE EASTERLY LINE OF SAID LESS PORTION. A DISTANCE OF 208.81 FEET. TO THE NORTHEAST CORNER OF SAID LESS PORTION: THENCE RUN N 89°55’07” W. ALONG THE NORTHERLY LINE OF SAID LESS PORTION, 209.07 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF AFOREMENTIONED LISTER STREET, SAID LINE ALSO BEING THE WEST LINE OF SOUTHWEST QUARTER OF SAID SECTION 26; THENCE RUN N 00˚37’30” W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 625.13 FEET, TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 14.51 ACRES, MORE OR LESS.
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 in accordance with Section 45.032, Florida Statutes, no later than 60 days after the sale.
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 Jon Embury, Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, 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.
Dated: September 9, 2026.
Dated: 09/14/2026
(SEAL) B. Lackey
DEPUTY CLERK
Respectfully submitted,
DUKE LAW, PLLC
Attorneys for Plaintiff
Jarred D. Duke / FBN: 112457
3301 Bonita Beach Road, Suite 211
Bonita Springs, Florida 34134
Telephone: 239-522.5252
Primary:
[email protected]
Secondary:
[email protected]
By: /s/ Jarred D. Duke
Jarred D. Duke
September 18, 25, 2026 26-01139T
View the PDF of the publication this ad appeared in