Legal & Public Notices

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR OKALOOSA COUNTY, FLORIDA

U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE, FOR MEB LOAN TRUST,

Plaintiff
v.

CASE NO: 2017-CA-001272 F

ARNOLD J. MCINIS, JR.; ET AL.,

Defendant(s),
___________________________________/

NOTICE OF SALE UNDER F.S. CHAPTER 45

NOTICE IS GIVEN that, in accordance with the Final Judgment of Foreclosure dated December 21, 2021, in the above-styled cause, the Clerk of Circuit Court, JD Peacock II, shall sell the subject property at public sale on the 7th day of February, 2022, at 11 am to the highest and best bidder for cash, at www.okaloosa.realforeclose.com, on the following described property:

LOT(S) 21 OF MILLERﾒS RUN AT BLUEWATER BAY, AS RECORDED IN PLAT BOOK 16, PAGE 96-97 ET SEQ., OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA
.

Property Address: 4385 VARDON WAY, NICEVILLE, FL 32578.

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 within 60 days after the sale.

Dated: January 3, 2022.

BITMAN, OﾒBRIEN & MORAT, PLLC
/s/ Samantha Darrigo, Esquire
Samantha Darrigo, Esquire
Florida Bar No.: 0092331
sdarrigo@bitman-law.com
svanegas@bitman-law.com
255 Primera Blvd., Suite 128
Lake Mary, Florida 32746
Telephone: (407) 815-3110
Facsimile: (407) 815-3114
Attorneys for Plaintiff

CR1017 1/20 & 1/27/2022

CR1017

This Instrument Prepared By/Returned to:
Michael J Posner, Esq., HUD Foreclosure Commissioner
Ward, Damon, Posner, Pheterson & Bleau
4420 Beacon Circle
West Palm Beach, Florida 33407
HECM# 091-3866051
PCN:05-1S-22-4352-000E-0010

NOTICE OF DEFAULT AND FORECLOSURE SALE

WHEREAS, on June 1, 2004, a certain Mortgage was executed by Philip J. Lebrun and America D. Lebrun, husband and wife as Mortgagor in favor of Financial Freedom Senior Funding Corporation which Mortgage was recorded June 8, 2004, in Official Records Book 2538, Page 562 in the Office of the Clerk of the Circuit Court for Okaloosa County, Florida, (the ﾓMortgageﾔ); and

WHEREAS, the Mortgage was assigned to MERS as nominee for Financial Freedom Acquisition LLC by Assignment recorded October 5, 2009 in Official Records Book 2908, Page 806, in the Office of the Clerk of the Circuit Court for Okaloosa County, Florida; and

WHEREAS, the Mortgage was assigned to and is now owned by the Secretary, by Assignment recorded October 30, 2017 in Official Records Book 3323, Page 4288, in the Office of the Clerk of the Circuit Court for Okaloosa County, Florida; and

WHEREAS, the Mortgage was insured by the United States Secretary of Housing and Urban Development (Marcia Fudge) (the ﾓSecretaryﾔ) pursuant to the National Housing Act for the purpose of providing single family housing; and

WHEREAS, the Mortgage is now owned by the Secretary; and

WHEREAS, a default has been made in the covenants and conditions of the Mortgage in that Mortgagor has died and the Mortgage remains wholly unpaid as of the date of this Notice and no payment has been made to restore the loan to current status; and

WHEREAS, the entire amount delinquent as of November 17, 2021 is $156,882.27 plus accrued unpaid interest, if any, late charges, if any, fees and costs; 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; and

WHEREAS, the Unknown Spouse of Philip J. Lebrun may claim some interest in the property hereinafter described, as the surviving spouse in possession of the property, but such interest is subordinate to the lien of the Mortgage of the Secretary; and

WHEREAS, Unknown Tenant(s) may claim some interest in the property hereinafter described, as a/the tenant(s) in possession of the property, but such interest is subordinate to the lien of the Mortgage of the Secretary; and

WHEREAS, the unknown heirs and devisees of the Estate of Philip J. Lebrun, deceased may claim some interest in the property hereinafter described, but such interest is subordinate to the lien of the Mortgage of the Secretary; and

WHEREAS, the Estate of Philip J. Lebrun, deceased may claim some interest in the property hereinafter described, but such interest is subordinate to the lien of the Mortgage of the Secretary; and

WHEREAS, the Secretary may have an interest in the property hereinafter described, pursuant to that Adjustable-Rate Home Equity Conversion Second Mortgage recorded June 8, 2004, in Official Records Book 2538, Page 570 of the Public Records of Okaloosa County, Florida but such interest is subordinate to the lien of the Mortgage of the Secretary;

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ﾒs designation of the undersigned as Foreclosure Commissioner, recorded on January 11, 2022 of the Public Records of Okaloosa County, Florida, notice is hereby given that on February 28, 2022 at 9:00 a.m. local time, all real and personal property at or used in connection with the following described premises (the ﾓPropertyﾔ) will be sold at public auction to the highest bidder:

Lot 1, Block E, CREEKSIDE DEVELOPMENT PHASE III, according to the Plat thereof, recorded in Plat Book 5, Page 95, of the Public Records of Okaloosa County, Florida

Commonly known as: 1045 37th Street, Niceville, Florida 32578

The sale will be held at 1045 37th Street, Niceville, Florida 32578. The Secretary of Housing and Urban Development will bid $156,882.27 plus interest from November 17, 2021 at a rate of $9.94 per diem (subject to increases applicable under the Note), plus all costs of this foreclosure and costs of an ownerﾒs policy of title insurance.

There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his/her/its pro-rata 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 ten (10%) percent of the bid amount in the form of a certified check or cashierﾒs check made out to the Secretary of HUD. Each oral bid need not be accompanied by a deposit. If the successful bid is oral, a deposit of ten (10%) percent of the bid amount must be presented before the bidding is closed. The deposit is non-refundable. The remainder of the purchase price must be delivered within thirty (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 high bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveyancing fees, all real estate and other taxes that are due on or after the delivery 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 fifteen (15) day increments for a fee equal to Five Hundred and NO/100 Dollars ($500.00) per extension, paid in advance. The extension fee shall be in the form of a certified or cashierﾒ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 Field Office 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 Field Office 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 amount that must be paid if the Mortgage is to be reinstated prior to the scheduled sale is the principal balance set forth above, together with accrued, unpaid interest, 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ﾒ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ﾒs check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below.

Date: January 12 2022 HUD Foreclosure Commissioner

By/s/ Michael J. Posner, Esquire
Michael J Posner, Esquire
Ward, Damon, Posner,
Pheterson & Bleau
4420 Beacon Circle
West Palm Beach, Florida 33407
T:561.842.3000ﾕF:561.842.3626
Direct: 561.594.1452

CR1015
1/20, 1/27, 2/3/2022

CR1015

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT OF FLORIDA IN AND FOR OKALOOSA COUNTY
GENERAL JURISDICTION DIVISION
CASE NO. 2019-CA-000687

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSI ASSET SECURITIZATION CORPORATION TRUST 2006-WMC1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-WMC1,

Plaintiff,

vs.

HERBERT RANDALL ROSS, et al.,

Defendants.
/

NOTICE OF FORECLOSURE SALE

NOTICE IS HEREBY GIVEN pursuant to a Summary Final Judgment of Foreclosure entered June 22, 2021 in Civil Case No. 2019-CA-000687 of the Circuit Court of the FIRST Judicial Circuit in and for Okaloosa County, Crestview, Florida, wherein DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSI ASSET SECURITIZATION CORPORATION TRUST 2006-WMC1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-WMC1 is Plaintiff and HERBERT RANDALL ROSS, et al., are Defendants, the Clerk of Court, J. D. PEACOCK II, will sell to the highest and best bidder for cash electronically at www.okaloosa.realforeclose.com at 11:00 AM in accordance with Chapter 45, Florida Statutes on the 24th day of January 2022 at 11:00 AM on the following described property as set forth in said Summary Final Judgment, to-wit:

LOT 3, LOT 4, THE WEST 50 FEET OF LOT 7, AND THE EAST 50 FEET OF LOT 20, BLOCK 3, CRYSTAL BEACH SUBDIVISION AS RECORDED IN PLAT BOOK 1, AT PAGE 17, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA.
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.

Dated this 23rd day of December, 2021.

Deputy Clerk
CLERK OF THE CIRCUIT COURT
As Clerk of the Court

BY: ________________________________

MCCALLA RAYMER LEIBERT PIERCE, LLC
110 SE 6th Street, Suite 2400
Fort Lauderdale, FL 33301
flaccountspayable@mccalla.com
Counsel of Plaintiff

"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: Court Administration, ADA Liaison Okaloosa County 1940 Lewis Turner Boulevard
Ft Walton Beach, Florida 32547 Phone 850)609-4700 Fax(850)652-7725 ADA.okaloosa@flcourts1.gov 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."

CR1014
1/20, 1/27/2022

CR1014

IN THE CIRCUIT COURT, FIRST
JUDICIAL DISTRICT, IN AND FOR
OKALOOSA COUNTY, FLORIDA

CASE NO.: 2022 CA 000116F

JAMES R. KELLEY,
an individual,

Plaintiff,
vs.

FLOYD HARMON, an individual,
any and all unknown heirs and lineages,
and/or all unknown parties or persons
unknown, having or claiming
any right, title, estate, lien or
interest in the property herein
described by, through, under or
against any of the aforementioned
parties as heir, devisee, grantee,
assignee, lienor, creditor,
trustee, or otherwise, and whether
such unknown party derives such
claim through, under or against
a known person who is dead or
not known to be dead or alive,
Defendants

NOTICE OF ACTION

TO: FLOYD HARMON, and/or all unknown parties or persons unknown, having or claiming any right, title, estate, lien or interest in the property herein described by, through under or against any of the aforementioned parties as heir, devisee, grantee, assignee, lienor, creditor, trustee, or otherwise, and whether such unknown party derives such claim through, under or against a known person who is dead or not known to be dead or alive, (ADDRESSES UNKNOWN):

YOU ARE NOTIFIED that an action for quiet title for the property located in Okaloosa County, Florida, more particularly described as follows:

PARCEL 1: From the Southwest Corner of the Northwest Quarter of the Northwest Quarter of Section 31, Township 4 North, Range 22 West, Okaloosa County, Florida, go S 89 degrees 44 minutes 30 seconds East a distance of 486.01 feet; thence North 01 degrees 22 minutes East a distance of 66.01 feet to the Point of Beginning; thence continue North 01 degrees 22 minutes East a distance of 417.42 feet; thence South 89 degrees 45 minutes East a distance of 417.42 feet; thence South 01 degrees 22 minutes West a distance of 417.42 feet; thence North 89 degrees 44 minutes 30 seconds West a distance of 417.42 feet to the Point of Beginning; and
PARCEL 2: Commencing at the Northwest Corner of Section 31, Township 4 North, Range 22 West, Okaloosa County, Florida; thence South 88 degrees 02 minutes East along the North line of said Section line a distance of 377.22 feet to the Point of Beginning; thence South 01 degrees 58 minutes West 506.27 feet; thence South 18 degrees 51 minutes East 232.74 feet; thence South 01 degrees 22 minutes West 529.44 feet to a point on the North right-of-way line of Randy Drive; thence South 89 degrees 44 minutes 30 seconds East a distance of 33.0 feet to a point marking the Southwest corner of that parcel as described in O.R. Book 1219, Page 413, records of Okaloosa County, Florida; thence North 01 degrees 22 minutes East along the West line of said parcel a distance of 529.44 feet; thence North 18 degrees 51 minutes West a distance of 232.34 feet; thence North 01 degrees 58 minutes East a distance of 494.06 feet to a point on the North line of Section 31; thence North 88 degrees 02 minutes West a distance of 33.0 feet to the Point of Beginning.

has been filed against you, and you are required to serve a copy of your written defenses, if any, to it on Dennis L. Pratt, Esquire, Plaintiffﾒs attorney, whose address is
770 Baldwin Avenue, DeFuniak Springs, Florida 32435, on or before 30 days from the first date of publication and file the original with the Clerk of the Court either before service on Plaintiffs' attorney or immediately thereafter; otherwise, a default will be entered against you for the relief demanded in the Complaint.

WITNESS my hand and seal of this Court on the 12th day of January 2022.

JD PEACOCK II
As Clerk of the Court

By Sherry Johnson
As Deputy Clerk
CR1013
1/20, 1/27, 2/3, 2/10/2022

CR1013

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT
IN AND FOR OKALOOSA COUNTY, FLORIDA
PROBATE DIVISION
CASE NO.: 2021 CP 001970 F
IN RE: ESTATE OF
CAROLE ANN MARLER
Deceased.
/
NOTICE TO CREDITORS
TO ALL PERSONS HAVING CLAIMS OR DEMANDS AGAINST THE ABOVE ESTATE:
The administration of the estate of Carole Ann Marler, deceased, File Number 2021 CP 001970 F, is pending in the Circuit Court for Okaloosa County, Florida, the address of which is 101 East James Lee Boulevard, Crestview, Florida 32536, (850) 689-5000. The names and addresses of the personal representative and that personal representative=s attorney is set forth below.
ALL INTERESTED PERSONS ARE NOTIFIED THAT:
All creditors of the decedent and other persons having claims or demands against the decedent=s estate on whom a copy of this notice is served within three months after the date of the first publication of this notice must file their claims with this Court WITHIN THE LATER OF THREE MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE OR THIRTY DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.
All other creditors of the decedent and persons having claims against the estate of the decedent must file their claims with this Court WITHIN THREE MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE.
ALL CLAIMS AND DEMANDS NOT SO FILED WILL BE FOREVER BARRED.
The date of the first publication of this notice is _______________.
Attorney for Personal Representative
/s/ Ryan Mynard
RYAN MYNARD
RYAN M. MYNARD, ATTORNEY AT LAW, P.A.
POST OFFICE BOX 249
CRESTVIEW, FLORIDA 32536
Telephone: (850) 683-3940
Facsimile: (850) 689-8630
Primary Email: eservice.ryanmynard@yahoo.com
Secondary Email: assistant.ryanmynard@yahoo.com
Florida Bar No.: 0150185
Personal Representative
/s/ Jennifer Shirah
Jennifer Shirah
2283 Monday Road
Tallhassee, FL 32301
1/20, 1/27/2022
CR1011

CR1011