Landmark Financial Solutions, LLC v. Sanchez et al

Filing 30

ORDER granting 29 Plaintiff, Landmark Financial Solutions, LLC's Motion to Confirm Foreclosure Sale. (1) Per Count I of the Complaint, as provided by the Decree, per Fed. R. Civ. P. 70, the Court enters this order, confirming the foreclosure sale of the Mortgage against the Property, conveying title to the Property to Florida Holdings 2204636, LLC, which shall be filed and recorded in the local land registry office, with the same legal effect as a Certificate of Title per Fla. Sta. Ann. § 45.11 et seq. (2) Per Count II of the Complaint, as provided by the Decree, Plaintiff, its successors and assigns, are also entitled to possession of the Property, per an ancillary writ of possession. Redding v. Stockton, Whatley, Davin & Co. , 488 So. 2d 548 (Fla. 5th DCA 1986). (3) This order also constitutes a Writ of Possession, placing Florida Holdings 2204636, LLC in exclusive possession of the Property, enforceable by the U.S. Marshall and/or state law enforcement officers. (4) Th e Defendants, occupants of the Property, and all others shall vacate the Property at the direction of the U.S. Marshall and/or local law enforcement officers and shall not commit waste, damage or vandalism against the Property or do anything to impai r its value. Violations of these conditions may be punishable by contempt of court, as provided by the Decree. (5) The Decree of Foreclosure and Order of Sale otherwise remains in effect. The Court declines to retain jurisdiction over the enforcement of all orders entered in the case. Signed by Judge Sheri Polster Chappell on 10/9/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

LANDMARK FINANCIAL SOLUTIONS,
LLC,
Plaintiff,
v.

Case No: 2:13-cv-214-FtM-38CM

ALEXANDRA SANCHEZ,
GREGORIO SANCHEZ, ARROW
FINANCIAL SERVICES LLC and
SUNTRUST BANK,

Defendants.
/
ORDER1
This matter comes before the Court on Plaintiff, Landmark Financial Solutions,
LLC's Motion to Confirm Foreclosure Sale (Doc. #29) filed on October 3, 2014. The Court
having considered the Motion and pertinent portions of the record, finds that a hearing is
not required. The Motion is unopposed.
In this residential foreclosure, Plaintiff held a promissory note in the amount of
$160,000.00, for which the Property was secured as collateral, per a mortgage executed

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on May 3, 2006, by the Sanchez Defendants, recorded on May 16, 2006, Lee County
Instrument No. 2006000199363, described as:
Lot 5, Block 95, Lehigh Acres Unit 14, Section 29, Township
44, South Range 26, according to the map or plat thereof, as
recorded in Plat Book 26, Page49, Public Records of Lee
County, Florida. Address: 4909 Bywood Street, Lehigh Acres,
Florida 33971
In the Decree of Foreclosure and Order of Sale (Doc. #26), the Court appointed
the Court appointed Mediation Inc. and/or Attorney James Chaplin, and/or his designee
as Special Master, which was authorized and directed to offer and sell the Property, its
improvements, buildings, fixtures, and appurtenances for public sale, at the Lee County
Courthouse at the usual hour and location for public sale, following complete publication
of the advertisement, following notice of the public sale of the Property, to be published
once a week for at least four weeks prior to the sale in at least one newspaper regularly
issued and of general circulation in Lee County, Florida.
As shown by Plaintiff’s motion to confirm the sale, the Property was advertised for
sale for four consecutive weeks prior to the sale and the Special Master conducted the
sale on July 8, 2014. The assignee of Plaintiff’s bid, Florida Holdings 2204636, LLC
purchased the property for a credit bid of $100.00, as shown by a precise copy of the
Special Master’s Report of Sale.
As established by the United States Supreme Court, confirmation of the sale is
required as “a bidder at a sale by a master, under a decree of court, is not considered a
purchaser until the sale is confirmed.” Ballentyne v. Smith, 205 U.S. 285, 288, 27 S. Ct.
527, 51 L. Ed. 803 (1907). As shown by the record, Plaintiff is entitled to an order
confirming the foreclosure sale, including conveyance of the Property to Florida Holdings

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2204636, LLC, to whom Plaintiff assigned its bid. Plaintiff withdrew Count III of the
Complaint and so Count III is moot.
Accordingly, it is now
ORDERED:
Plaintiff, Landmark Financial Solutions, LLC's Motion to Confirm Foreclosure
Sale (Doc. #29) is GRANTED.
(1) Per Count I of the Complaint, as provided by the Decree, per Fed. R. Civ. P.
70, the Court enters this order, confirming the foreclosure sale of the Mortgage
against the Property, conveying title to the Property to Florida Holdings
2204636, LLC, which shall be filed and recorded in the local land registry office,
with the same legal effect as a Certificate of Title per Fla. Sta. Ann. § 45.11 et
seq.
(2) Per Count II of the Complaint, as provided by the Decree, Plaintiff, its
successors and assigns, are also entitled to possession of the Property, per an
ancillary writ of possession. Redding v. Stockton, Whatley, Davin & Co., 488
So. 2d 548 (Fla. 5th DCA 1986).
(3) This order also constitutes a Writ of Possession, placing Florida Holdings
2204636, LLC in exclusive possession of the Property, enforceable by the U.S.
Marshall and/or state law enforcement officers.
(4) The Defendants, occupants of the Property, and all others shall vacate the
Property at the direction of the U.S. Marshall and/or local law enforcement
officers and shall not commit waste, damage or vandalism against the Property

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or do anything to impair its value.

Violations of these conditions may be

punishable by contempt of court, as provided by the Decree.
(5) The Decree of Foreclosure and Order of Sale otherwise remains in effect. The
Court declines to retain jurisdiction over the enforcement of all orders entered
in the case.
DONE and ORDERED in Fort Myers, Florida this 9th day of October, 2014.

Copies: All Parties of Record

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