NOTICE OF DEFAULT AND FORECLOSURE SALE

WHEREAS, on December 29, 2007, a certain Mortgage was executed by JOHNNY CROSBY a/k/a JOHNNIE CROSBY and CLAUDETTE CROSBY a/k/a CLAUDETTE JACKSON as mortgagor(s) in favor of AMERICAN REVERSE MORTGAGE CORPORATION, as mortgagee and was recorded on January 7, 2008, in Book 2980 and Page 470 in the Official Records of Clay 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 January 19, 2018, and recorded on January 25, 2018, in Book 4050 and Page 1399 in the Official Records of Clay 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 July 17, 2023, is $119,003.08; 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 4549 and Page 1913, notice is hereby given that on July 17, 2023 at 10:00 AM, EDT 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:
(LOT 33, PLUM AND WITTENBERG, AN UNRECORDED SUBDIVISION)
A PORTION OF TRACTS 3 AND 4, BLOCK 3, ACCORDING TO MAP OF FLORIDA FARMERS LAND COMPANY'S SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 49 OF THE PUBLIC RECORDS OF CLAY COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST NORTHERLY CORNER OF TRACT 3, BLOCK 2, AS SHOWN ON SAID MAP OF FLORIDA FARMERS LAND COMPANY'S SUBDIVISION, ALSO BEING THE MOST EASTERLY CORNER OF THOSE LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 142, PAGE 344 OF SAID PUBLIC RECORDS; THENCE ON THE NORTHEASTERLY LINE OF SAID TRACT 3, BLOCK 2, SOUTH 42° 32' 39" EAST, 330.0 FEET; THENCE NORTH 47° 27' 21" EAST, 359.68 FEET; THENCE SOUTH 53° 23' 42" EAST, 300.0 FEET; THENCE NORTH 47° 27' 21" EAST, ON THE SOUTHWESTERLY PROJECTION OF THE CENTERLINE OF A 60 FOOT WIDE NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, DRAINAGE AND UTILITIES, AS RECORDED IN OFFICIAL RECORDS VOLUME 700, PAGE 524, EXHIBIT "B", OF SAID PUBLIC RECORDS OF CLAY COUNTY, FLORIDA, A DISTANCE OF 310.00 FEET TO THE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING THE TERMINATION POINT OF SAID CENTERLINE OF A 60 FOOT WIDE NON-EXCLUSIVE EASEMENT, SAID TERMINATION POINT BEING THE RADIUS POINT OF A CUL-DE-SAC, SAID CUL-DE-SAC HAVING A RADIUS OF 50.0 FEET TO BE INCLUDED IN SAID EASEMENT; THENCE NORTH 47° 27' 21" EAST, ON SAID CENTERLINE OF A 60 FOOT WIDE NONEXCLUSIVE EASEMENT, A DISTANCE OF 215.0 FEET; THENCE SOUTH 46° 02' 39" EAST, 343.09 FEET TO A POINT ON THE CENTERLINE OF A 60 FOOT WIDE NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, DRAINAGE AND UTILITIES, AS RECORDED IN OFFICIAL RECORDS VOLUME 556, PAGE 34 (SCHEDULE "A", PARCEL II) OF SAID PUBLIC RECORDS OF CLAY COUNTY, FLORIDA, LAST SAID POINT BEING IN A CURVE, SAID CURVE BEING CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 478.06 FEET; THENCE SOUTHWESTERLY ALONG AND AROUND SAID CURVE AND ON LAST SAID CENTERLINE OF A 60 FOOT WIDE NON-EXCLUSIVE EASEMENT, RUN AN ARC DISTANCE OF 170.69 FEET TO THE POINT OF A REVERSE CURVE, SAID ARC OF CURVE HAVING A CENTRAL ANGLE OF 20° 27' 10" AND BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 65° 09' 13" WEST, 169.75 FEET TO SAID POINT OF REVERSE CURVE, SAID REVERSE CURVE BEING CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 176.17 FEET; THENCE SOUTHWESTERLY ALONG AND AROUND SAID REVERSE CURVE, AND ON LAST SAID CENTERLINE OF A 60 FOOT WIDE NON-EXCLUSIVE EASEMENT, RUN AN ARC DISTANCE OF 70.61 FEET, LAST SAID ARC OF CURVE HAVING A CENTRAL ANGLE OF 22° 57' 50" AND BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 63° 53' 53" WEST, 70.14 FEET; THENCE NORTH 44° 00' 56" WEST, 271.09 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO THAT PARTICULAR 60 FOOT WIDE NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, DRAINAGE AND UTILITIES, AS DESCRIBED AND RECORDED IN OFFICIAL RECORDS VOLUME 556, PAGE 34 (SCHEDULE "A", PARCEL II) OF THE PUBLIC RECORDS OF CLAY COUNTY, FLORIDA.
ALSO TOGETHER WITH AND SUBJECT TO THAT PARTICULAR 60 FOOT WIDE NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, DRAINAGE AND UTILITIES, AS DESCRIBED AND RECORDED IN OFFICIAL RECORDS VOLUME 700, PAGE 524, EXHIBIT "B" OF THE PUBLIC RECORDS OF CLAY COUNTY, FLORIDA.
A PORTION OF THE ABOVE DESCRIBED PARCEL OF LAND (LOT 33) IS SUBJECT TO A NON-EXCLUSIVE EASEMENT FOR DRAINAGE AND UTILITIES; THAT PORTION OF THE ABOVE DESCRIBED LANDS BEING SUBJECT TO SAID NON-EXCLUSIVE EASEMENT, BEING DESCRIBED AS:
A PORTION OF TRACTS 3 AND 4, BLOCK 3, ACCORDING TO MAP OF FLORIDA FARMER'S LAND COMPANY'S SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 49 OF THE PUBLIC RECORDS OF CLAY COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST NORTHERLY CORNER OF TRACT 3, BLOCK 2, AS SHOWN ON SAID MAP OF FLORIDA FARMERS LAND COMPANY'S SUBDIVISION, ALSO BEING THE MOST EASTERLY CORNER OF THOSE LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 142, PAGE 344 OF SAID PUBLIC RECORDS; THENCE ON THE NORTHEASTERLY LINE OF SAID TRACT 3, BLOCK 2, SOUTH 42° 32' 39" EAST, 330.00 FEET; THENCE NORTH 47° 27' 21" EAST, 359.68 FEET; THENCE SOUTH 53° 23' 42" EAST, 300.00 FEET; THENCE NORTH 47° 27' 21" EAST, ON THE SOUTHWESTERLY PROJECTION OF, AND ON THE CENTERLINE OF A 60 FOOT WIDE, NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, DRAINAGE AND UTILITIES, AS RECORDED IN OFFICIAL RECORDS VOLUME 700, PAGE 524, (EXHIBIT "B") OF SAID PUBLIC RECORDS OF CLAY COUNTY, FLORIDA, A DISTANCE OF 490.00 FEET TO THE POINT OF BEGINNING OF SAID NON-EXCLUSIVE FOR DRAINAGE AND UTILITIES; THENCE CONTINUE NORTH 47° 27' 21" EAST, ON SAID CENTERLINE OF A 60 FOOT WIDE NON-EXCLUSIVE EASEMENT, A DISTANCE OF 35.0 FEET; THENCE SOUTH 46° 02' 39" EAST, 343.09 FEET TO A POINT ON THE CENTERLINE OF A 60 FOOT WIDE NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, DRAINAGE AND UTILITIES, AS RECORDED IN OFFICIAL RECORDS VOLUME 556, PAGE 34 (SCHEDULE "A", PARCEL II) OF SAID PUBLIC RECORDS OF CLAY COUNTY, FLORIDA, LAST SAND POINT BEING ON A CURVE, SAID CURVE BEING CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 478.06 FEET; THENCE SOUTHWESTERLY ALONG AND AROUND SAID CURVE AND ON LAST SAID CENTERLINE OF A 60 FOOT WIDE, NON-EXCLUSIVE EASEMENT, RUN AN ARC DISTANCE OF 55.87 FEET, SAID ARC OF CURVE HAVING A CENTRAL ANGLE OF 06° 31' 45" AND BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 58° 16' 30" WEST, 55.84 FEET; THENCE NORTH 42° 44' 04" WEST, 331.98 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED NON-EXCLUSIVE EASEMENT IS SUBJECT TO THAT PARTICULAR 60 FOOT WIDE NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, DRAINAGE AND UTILITIES, AS DESCRIBED AND RECORDED IN OFFICIAL RECORDS VOLUME 556, PAGE 34 (SCHEDULE "A", PARCEL II) OF THE PUBLIC RECORDS OF CLAY COUNTY, FLORIDA.
SAID EASEMENT IS SUBJECT TO THAT PARTICULAR 60 FOOT WIDE NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, DRAINAGE AND UTILITIES, AS DESCRIBED AND RECORDED IN OFFICIAL RECORDS VOLUME 700, PAGE 524, EXHIBIT "B" OF THE PUBLIC RECORDS OF CLAY COUNTY, FLORIDA.
TOGETHER WITH THAT CERTAIN MOBILE HOME VIN SHS1WGA06833109A AND SHS1WGA06833109, SITUATE THEREON.
Commonly known as: 2348 N. Fork Rd., Green Cove Springs, FL 32043
The sale will be held at the Clay County Courthouse, Front Entrance, 825 North Orange Avenue, Green Cove Springs, FL 32043.
The Secretary of Housing and Urban Development will bid $119,003.08.
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 $11,900.31 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 $11,900.31 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 $119,003.08 as of July 17, 2023, 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: May 23, 2023.
Annalise Hayes DeLuca, Esq., FBN:116897
Audrey J. Dixon, Esq., FBN: 39288
Ashley Elmore Drew, Esq., FBN: 87236
MCMICHAEL TAYLOR GRAY, LLC
Foreclosure Commissioner
3550 Engineering Drive, Suite 260
Peachtree Corners, GA 30092
Phone: 404.474.7149
Fax: 404.745.8121
Email: ServiceFL@mtglaw.com
STATE OF Florida
COUNTY OF Broward
The foregoing instrument was acknowledged before me this 23rd day of May, 2023, by Audrey J. Dixon who is/are personally known to me.
Amy Peebles
Notary Public
Legal 71354 Published 6/15/2023, 6/22/2023 and 6/29/2023 in Clay County's Clay Today newspaper