Final judgment of mortgage foreclosure for property in Sarasota County.
- Published
- City
- Sarasota
- Address
- Sarasota County, Florida
- Case #
- 2025-CA-6296
Full Notice Text
[PROPOSED] UNIFORM FINAL JUDGMENT OF MORTGAGE FORECLOSURE
This form substantially complies with Form 1.996, adopted by the Florida Supreme Court February 11, 2010, SC09-1579; form amended in 12th Circuit on 7/01/2019.
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN & FOR SARASOTA COUNTY, FLORIDA
Clerk Case Number: YEAR CA 2025 CA 6296
Division: DIVISION
MARVIN CUNDIFF, as Co-Trustee of the Marvin Cundiff and Doris Cundiff Revocable Living Trust,
Plaintiff(s), v.
HEATHER OLSON, as Trustee of the Abundance of Land Trust U/A/D June 5, 2018, and MARA VISTAINVEST, LLC,
Defendant(s).
THIS action was tried before the Court. On the evidence presented
IT IS ORDERED AND ADJUDGED that:
1. Plaintiff, is due.
Description
Amount
Principal
$726,525.15
Interest to this date of judgment
$164,880.42
Title Search Expense
Taxes
Attorneys Fees
Finding as to reasonable number of hours
10
Finding as to reasonable hourly rate:
$500.00
Attorneys Fee Total
$ 5,000.00
Court costs, now taxed
$2,201.99
Other:
Other:
Other:
Other:
SUBTOTAL
$ 898,607.56
LESS: Escrow balance:
LESS: Other
LESS: Other
LESS: Other
TOTAL
$ 898,607.56
that shall bear interest at the rate of 8.44 % a year.
2. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following described property in Sarasota County, Florida:
Lot 40 and the North 5 feet of Lot 39, WESLO WILLOWS, as per plat thereof recorded in Plat Book 6, Page 27, of the Public Records of Sarasota County, Florida; LESS that part of Lot 40 conveyed to State of Florida for right-of-way as recorded in O.R. Book 58, Page 369, of the Public Records of Sarasota County, Florida. AND ALSO LESS AND EXCEPT that part of Lot 40 conveyed to Sarasota County, a political subdivision of the State of Florida in Order of Taking recorded in O.R. Book 1755, Page 990, and Final Judgment Order as to Parcel 145 recorded in O.R. Book 1764, Page 44, described as the South 5.00 feet of the North 10.00 feet of Lot 40, WESLO WILLOWS, according to the plat thereof as recorded in Plat Book 6, Page 27, of the Public Records of Sarasota County, Florida.
3. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at public sale as set forth below to the highest bidder for cash, on a specified day that shall be not less than 20 days or more than 35 days after the date thereof unless plaintiff or plaintiffs attorney consents to more than 35 days after the date of final judgment, in accordance with section 45.031, Florida Statutes, using the following method:
Sales Information
Date [Clerk Inserts]
Time
Location
Sarasota County
10 March 2026
9:00 am
Foreclosure sales conducted via Internet: www.sarasota.realforeclose.com
Manatee County
11:00 am
Foreclosure sales conducted via Internet: www.manatee.realforeclose.com
DeSoto County
11:00 am
Desoto County Courthouse 115 Oak Street, Arcadia, Florida 34266 www.desotoclerk.com
4. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale shall be responsible for the documentary stamps payable on the certificate of title. If plaintiff is the purchaser, the clerk shall credit plaintiffs bid with the total sum with interest and costs accruing subsequent to this judgment, or such part of it, as is necessary to pay the bid in full.
5. On filing the certificate of title the clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiffs costs; second, documentary stamps affixed to the certificate; third, plaintiffs attorneys fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending the further order of this court.
6. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon the filing of the certificate of title, the person named on the certificate of title shall be let into possession of the property. If any defendant remains in possession of the property, the clerk shall without further order of the court issue forthwith a writ of possession upon request of the person named on the certificate of title.
NOTICE: Issuance of a writ of possession does not exempt plaintiff from complying with federal law requiring notice to tenants residing on foreclosed property. To insure compliance with federal law, Plaintiff should consult with counsel before serving the writ of possession.
7. Jurisdiction of this action is retained to enter further orders that are proper including, without limitation, a deficiency judgment.
8. Additions. Modifications or Changes to Standard Form
Any additions, modifications or changes to the provisions above may only be set forth in this paragraph.
a. The Court reserves jurisdiction as to Count II and any deficiency decree.
b.
c.
d.
e.
NOTICE PURSUANT TO 45.031, FLORIDA STATUTES (2018).
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 THIS 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.
If the property being foreclosed on has qualified for the homestead tax exemption in the most recent approved tax roll, the following additional language applies:
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED OT HAVE A LAWYER OR ANY OTHER REPRSENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT FOR YOUR COUNTY WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
Sarasota County Clerk of Court
Manatee County Clerk of Court
Desoto County Clerk of Court
2000 Main Street Sarasota, Florida 34237 (941) 861-7400 www.sarasotaclerk.com
1115 Manatee Ave W Bradenton, FL 34205 (941) 749-1800 www.manateeclerk.com
115 East Oak Street Arcadia, FL 34266 (863) 993-4876 www.desotoclerk.com
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT THE LOCAL LEGAL SERVICES LISTED BELOW TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT ONE OF THE SERVICES LISTED BELOW, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER THE RECEIPT OF THIS NOTICE.
Sarasota County
Manatee County
DeSoto County
Legal Aid of Manasota Sarasota Office 1900 Main Street, Suite 302 Sarasota, Florida 34236 (941) 366-0038 Venice Office 7810 South Tamiami Trail Suite A6 Venice, Florida 34293 (941) 492-4631 Gulfcoast Legal Services 1750 17th Street, Bldg. 1 Sarasota, Florida 34236 (941) 366-1746 www.gulfcoastlegal.org
Legal Aid of Manasota 1101 6th Avenue West Bradenton, Florida 34205 (941) 747-1628 www.gulfcoastlegal.org Gulfcoast Legal Services 430 12th Street West Bradenton, Florida 34205 (941) 746-6151 www.gulfcoastlegal.org
Fla. Rural Legal Services 3210 Cleveland Avenue, Suite A Ft. Myers, Florida 33901 (800) 476-8937 www.flrs.org
DONE AND ORDERED in Chambers in County, Florida, this 7th day of Jan, 2026.
CIRCUIT JUDGE
February 6, 13, 2026 26-00240S
Frequently Asked Questions
- What is the case number for the foreclosure involving Marvin Cundiff?
- The case number for the foreclosure is 2025 CA 6296.
- When is the public sale for the property in Sarasota County scheduled?
- The public sale for the property is scheduled for March 10, 2026, at 9:00 am.
- What is the total amount due in the foreclosure judgment?
- The total amount due in the foreclosure judgment is $898,607.56.
- Where can I find the foreclosure sales conducted in Sarasota County?
- Foreclosure sales in Sarasota County can be found online at www.sarasota.realforeclose.com.
- What interest rate applies to the total sum due in this foreclosure case?
- The total sum due in this foreclosure case bears interest at a rate of 8.44% per year.
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