NOTICE OF FORECLOSURE SALE (2024)

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT,
IN AND FOR HERNANDO COUNTY, FLORIDA
CASE NO.: 22000385CAAXMX

HMC ASSETS, LLC SOLELY IN ITS CAPACITY AS SEPARATE
TRUSTEE OF CAM XI TRUST,
Plaintiff,
vs.
UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN, BY, THROUGH, UNDER OR AGAINST THE ESTATE OF ETHEL MCCALL (DECEASED); UNKNOWN SPOUSE OF ETHEL MCCALL (DECEASED); CRAIG MCCALL, AS POTENTIAL HEIR OF THE ESTATE OF ETHEL MCCALL (DECEASED); SHANE MCCALL, AS POTENTIAL HEIR OF THE ESTATE OF ETHEL MCCALL (DECEASED); JOLENE MCCALL, AS POTENTIAL HEIR OF THE ESTATE OF ETHEL MCCALL (DECEASED); UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, OR AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; UNKNOWN TENANT #1; UNKNOWN TENANT #2
whose name is fictitious to account for parties in possession,
Defendants.
NOTICE OF FORECLOSURE SALE
PURSUANT TO CHAPTER 45, FLORIDA STATUTES

NOTICE IS HEREBY GIVEN that pursuant to the In Rem Final Judgment of Mortgage Foreclosure entered on December 16, 2022 in Civil Case Number 2000385CAAXMX in the Circuit Court of the Fifth Judicial Circuit in and for Hernando County, Florida wherein HMC ASSETS, LLC SOLELY IN ITS CAPACITY AS SEPARATE TRUSTEE OF CAM XI TRUST is the Plaintiff and UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN, BY, THROUGH, UNDER OR AGAINST THE ESTATE OF ETHEL MCCALL (DECEASED); CRAIG MCCALL, AS POTENTIAL HEIR OF THE ESTATE OF ETHEL MCCALL (DECEASED); SHANE MCCALL, AS POTENTIAL HEIR OF THE ESTATE OF ETHEL MCCALL (DECEASED); JOLENE MCCALL, AS POTENTIAL HEIR OF THE ESTATE OF ETHEL MCCALL (DECEASED); UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, OR AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS are the Defendants, Doug Chorvat, Jr., the Clerk of Circuit Court and Comptroller for Hernando County, Florida shall sell the subject property at public sale on January 24, 2023 beginning at 11:00 a.m. EST at the Hernando County Courthouse, 20 N. Main Street, Brooksville, Florida 34601, Outside of Room 245, to the highest bidder for cash after having first given notice as required by Chapter 45, Florida Statutes, the following described property in Hernando County, Florida, as set forth in the In Rem Final Judgment of Mortgage Foreclosure, to wit:

LOT 35, BLOCK 1251, SPRING HILL, UNIT 18, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 47, PUBLIC RECORDS OF HERNANDO COUNTY, FLORIDA

PROPERTY ADDRESS: 5101 ABAGAIL DRIVE, SPRING HILL, FLORIDA 34608

PARCEL ID: R32 323 17 5180 1251 0350.

THE SALE WILL BE MADE PURSUANT TO THE FINAL JUDGMENT.

IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT.

IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.

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.

If you are a person with a disability who needs an accommodation in order to participate in a proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the ADA Coordinator for the Courts within 2 working days of your receipt of your notice to appear in Court

at:
Citrus County John Sullivan (352) 341-6700
Hernando County Peggy Welch (352) 754-4402
Lake County Laurie Crews (352) 253-0900 x100
Marion County Tameka Gordon (352) 401-6701
Sumter County Lorna Barker (352) 569-6088

WITNESS my hand and seal of this Court on December 16, 2022.

OFFICE OF DOUG CHORVAT, JR.
CLERK OF CIRCUIT COURT AND COMPTROLLER

By: /s/ Elizabeth Markidis As Deputy Clerk (COURT SEAL)

Respectfully submitted,
/s/ Ashland R. Medley, Esquire
Ashland R. Medley, Esquire/FBN: 89578
ASHLAND MEDLEY LAW, PLLC
3111 North University Drive, Suite 718, Coral Springs, FL 33065
Telephone: (954) 947-1524/Fax: (954) 358-4837
Designated E-Service Address: [emailprotected]
Attorney for the Plaintiff

Published: December 30, 2022, January 6, 2023
__________________________________________________

NOTICE OF FORECLOSURE SALE (2024)

FAQs

How do you respond to a mortgage foreclosure? ›

How to Respond to a Foreclosure Summons
  1. Step 1: Read the Summons. ...
  2. Step 2: Speak to Foreclosure Lawyer. ...
  3. Step 3: Decide If You Want to Contest. ...
  4. Step 4: Prepare a Mortgage Foreclosure Appearance and Answer to the Complaint. ...
  5. Step 5: File the Form with the Court Clerk. ...
  6. Step 6: Send a Copy of Your Answer to the Other Parties.
Mar 4, 2024

How long do you have to answer a foreclosure complaint in NJ? ›

The homeowner or other defendant may file a written answer to the complaint, explaining why the lender does not have the legal right to foreclose. This must occur within 35 days from receipt of the summons and foreclosure complaint.

How long does it take to foreclose on a house in New Jersey? ›

In New Jersey, it typically takes 12-16 months after default to finalize a foreclosure.

How soon after the notice of default is filed can a trustee's sale occur? ›

California notice of trustee sale (day 180)

After the notice of default letter is sent to the homeowner, they have about two months to make the necessary payments and stop the process. If you fail to do so, you'll receive the notice of trustee sale from your lender at around day 180.

How do you turn around a foreclosure? ›

You can potentially file for bankruptcy or file a lawsuit against the foreclosing party (the "bank") to possibly stop the foreclosure entirely or at least delay it. If you have a bit more time on your hands, you can apply for a loan modification or another workout option.

How do I write a letter of explanation for foreclosure? ›

Letter of Explanation Template
  1. Provide all details the best you can, including correct dates and dollar amounts.
  2. Explain how and when all situations were resolved. If they are not resolved, explain that as well.
  3. Detail why problems won't happen again.

Can foreclosure fees be waived? ›

Indian law regulates the waiver of foreclosure charges through the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 which allows the lender to take possession of the security and sell it without the intervention of the court.

What is the one action rule for foreclosure? ›

If you fall behind in your mortgage loan payments, California's "one-action rule" says that your lender can only take one action against you, whether it is to: conduct a trustee's sale. sue on the promissory note for the balance of the debt, or. judicially foreclose.

How long does it take to beat foreclosed? ›

4 Hours
Single-PlayerPolledAverage
Main Story153h 32m
Main + Extras104h 22m
Completionist164h 57m
All PlayStyles414h 17m

How many missed payments before foreclosure in NJ? ›

You can only be foreclosed on after you have not made payments for 120 days. Since payments are generally made every 30 days, this means that your property cannot be foreclosed on until you have missed four mortgage payments.

How can I stop foreclosure in NJ? ›

Cure Your Default

Under New Jersey law, however, all foreclosures must be judicial, which means they go through the court system (and you can't file a separate lawsuit to challenge foreclosure). You can stop foreclosure by curing a default on your mortgage payments at any time up until the entry of a final judgment.

How long do you have to move out after foreclosure in NJ? ›

702, 123 Stat. 1660, before a tenant can be evicted due to foreclosure, the landlord must provide the tenant with a 90 day notice to quit when the foreclosed property has been purchased by a buyer who wants to personally occupy it as his or her primary residence.

How long do you have to respond to a notice of default? ›

A declaration must be attached to the notice stating the lender has spoken to you or tried to reach you to discuss your situation. You have 90 days from the date the Notice of Default is recorded to pay what you owe to the lender.

What comes after a default notice? ›

If you receive a default notice you should: Pay the amount owed and your usual repayment within 30 days. Once you have caught up with repayments, you are no longer in default and the lender cannot start legal action against you.

How long after default does the foreclosure process begin? ›

In general, mortgage companies start foreclosure processes about 3-6 months after the first missed mortgage payment. Late fees are charged after 10-15 days, however, most mortgage companies recognize that homeowners may be facing short-term financial hardships.

How to negotiate foreclosure with bank? ›

How Can You Max Out Your Chances of Working It Out?
  1. Explain your financial hardship and why it is/was temporary. ...
  2. Demonstrate that you have tried to improve your situation. ...
  3. Make a specific proposal or specific alternative proposals. ...
  4. Demonstrate that you are financially able to keep your end of the bargain.

How do I dispute a foreclosure on my credit report? ›

Collect documentation about your mortgage, showing that the lender reporting the foreclosure never concluded a case against you. This evidence will be essential in supporting your dispute. Write out the basis of your dispute to both the credit reporting agencies and the lender responsible for the erroneous foreclosure.

Can you recover from a foreclosure? ›

Foreclosures can stay on your credit reports for up to seven years. The good news is that the negative impact of a foreclosure lessens overtime. In some cases, it may even be possible to qualify for a new mortgage while the foreclosure is still visible on your credit reports.

How long does it take to foreclose in Illinois? ›

In Illinois, it can take approximately 12-15 months for a foreclosure to be completed. Call your lender or a HUD-certified counseling agency as soon as you can. You miss your second payment.

References

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