PNC Bank, National Association v. Scroggie et al

Filing 30

WRIT OF POSSESSION AND ORDER ON MOTION TO CONFIRM FORECLOSURE SALE: Assignee Land Holding, LLC's Unopposed Motion to Confirm Foreclosure Sale 29 is GRANTED. The foreclosure sale conducted on April 12, 2016, in this action is CONFIRMED. T he court-appointed Special Master, Philip J. von Kahle, is directed to convey the Property, as defined in the Final Judgment of Foreclosure (Doc. 20) and the Motion (Doc. 29), to Land Holding, LLC, by a Certificate of Title in the form attached to th e Motion as Exhibit 1, which shall be filed and recorded in the Official Records of Marion County, Florida, with the same legal effect as a Certificate of Title pursuant to Section 45.011, Fla. Stat., et seq. Land Holding, LLC, its successors and as signs, shall be let into exclusive possession of the Property. This Order constitutes a writ of possession enforceable by the United States Marshal and/or state law enforcement officers, if necessary. Jurisdiction is reserved for one year to enter such orders as are necessary and proper, including a judgment of re-foreclosure. Signed by Judge James S. Moody, Jr on 6/1/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
v.

Case No. 5:15-cv-162-Oc-30PRL

JOSHUA W. SCROGGIE, as Trustee under
Land Trust Agreement dated May 12, 2005,
MICHAEL T. OWEN, an individual, and
J. STEVE RUDNIANYN, an individual,
Defendants.
______________________________________/
WRIT OF POSSESSION AND
ORDER ON MOTION TO CONFIRM FORECLOSURE SALE
THIS CAUSE comes before the Court upon Assignee Land Holding, LLC’s
Unopposed Motion to Confirm Foreclosure Sale (Doc. 29).
Upon due consideration, it is hereby ORDERED AND ADJUDGED:
1.

Assignee Land Holding, LLC’s Unopposed Motion to Confirm Foreclosure

Sale (Doc. 29) is GRANTED.
2.

The foreclosure sale conducted on April 12, 2016, in this action is

CONFIRMED.
3.

The court-appointed Special Master, Philip J. von Kahle, is directed to

convey the Property, as defined in the Final Judgment of Foreclosure (Doc. 20) and the
Motion (Doc. 29), to Land Holding, LLC, by a Certificate of Title in the form attached to
the Motion as Exhibit 1, which shall be filed and recorded in the Official Records of

Marion County, Florida, with the same legal effect as a Certificate of Title pursuant to
Section 45.011, Fla. Stat., et seq.
4.

Land Holding, LLC, its successors and assigns, shall be let into exclusive

possession of the Property.
5.

This Order constitutes a writ of possession enforceable by the United States

Marshal and/or state law enforcement officers, if necessary.
6.

Jurisdiction is reserved for one year to enter such orders as are necessary and

proper, including a judgment of re-foreclosure.
DONE and ORDERED in Tampa, Florida, this 1st day of June, 2016.

Copies furnished to:
Counsel/Parties of Record

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EXHIBIT 1
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
v.

Case No. 5:15-cv-00162-JSM-PRL

JOSHUA W. SCROGGIE, as Trustee under
Land Trust Agreement dated May 12, 2005,
MICHAEL T. OWEN, an individual, and
J. STEVE RUDNIANYN, an individual,
Defendants.
______________________________________/
CERTIFICATE OF TITLE
KNOW ALL MEN BY THESE PRESENTS that Philip J. von Kahle, was appointed as
Special Master in the United States District Court, Middle District of Florida, Ocala Division, in
this action with Case Number 5:15-CV-00162-JSM-PRL (the “Action”), and that as such Special
Master and pursuant to the Final Judgment entered in the Action on February 23, 2016 (the “Final
Judgment”), and the Order Appointing Master to Conduct Foreclosure Sale entered on February
23, 2016 (the “Order”), notice of public sale of the mortgaged property described in the aforesaid
Judgment as the “Property” was given in accordance with Title 28, United States Code, Section
2002, by publishing the same in a newspaper circulated in Marion County, Florida, in that judicial
district, in a manner evidenced by a Proof of Publication filed in the Action, and the aforesaid Property
was offered for sale at public sale to the highest and best bidder for cash on April 12, 2016, and that
at such sale the highest and best bid received for the property was submitted by Land Holding, LLC,
a Delaware limited liability company, whose address is 249 Fifth Avenue, Pittsburgh, PA 152222707, being the sum of $350,000.00, thereupon accepted such bid and sold the Property to Land
Holding, LLC, and have reported the same to the Court which, upon examination of the Special
Master's Report of Sale, the Court found to be correct and in accordance with the Judgment and
Order, thereupon confirmed the same by entry of its Order on Motion to Confirm Foreclosure Sale
filed the Action on _______________________ (the “Order Confirming Sale”).
NOW, THEREFORE, I, Philip J. von Kahle, Special Master, by virtue of the Judgment
and Order, and by virtue of the sale and confirmation thereof by the Order Confirming Sale and of
the powers vested in me as Special Master by that Court, and for and in consideration of the premises
and the aforesaid sum paid by the purchaser, in accordance with the terms of the Judgment, receipt
of which is hereby acknowledged, do hereby grant, bargain, sell and convey to LAND
HOLDING, LLC, a Delaware limited liability company, whose address is 249 Fifth Avenue,
Pittsburgh, PA 15222-2707, its successors and assigns forever, the following described real property,

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situate and being in Marion County, Florida, together with all fixtures located on or in such property,
to-wit:
1.1

All of the land in Marion County, Florida, described below:

PARCEL #24241-000-00
SEC 02 TWP 15 RGE 22
THAT PART OF THE FOL DESCR LYING OUTSIDE CITY LIMITS:
E 1/2 OF NW 1/4 & N 1/2 OF SW 1/4 & EXC COM CENTER SEC FOR
POB S 200 FT E 848.57 FT S 45 DEG 11' 10" E 1587.47 FT N 1324.63 FT W
1973.07 FT TO POB & EX W 500 FT OF NW 1/4 OF SW 1/4 LYING N OF
FPL R/W EX S 400 FT OF N 1/2 OF SW 1/4 N & W OF RR & EX E 1/2 OF
NW 1/4 E OF RR & EX COM INT S 400 FT OF N 1/2 OF SW 1/4 & E ROW
NE 36TH AVE TH B 210 FT E 416 FT S 210 FT W 416.93 FT TO POB
PARCEL #24241-000-01
SEC 02 TWP 15 RGE 22
THAT PART OF PARCEL NO. 24241-000-00 LYING INSIDE CITY
LIMITS:
EXC BEG AT NW COR OF BLK A LOT 2 TH N 30-55 W 200 FT TH N 8946-05 E 217.80 FT TH S 0-30-55 E 200 FT TH S 89-46-05 W 217.80 FT TO
POB & EXC COM AT THE SE COR OF SW 1/4 OF SEC 2 TH N 00-06-29
E 1245.21 FT TO THE POB TH N 68-48-13 W 712.74 FT TO A PT BEING
ON THE ARC OF A CURVE CONCAVE NWLY HAVING A RADIUS OF
1949.39 FT A CENTRAL ANGLE OF 06-44-21 TH NELY ALONG THE
ARC 229.29 FT TH S 68-48-13 E 523.75 FT TH S 00-06-29 W 214.36 FT TO
POB & EXC COM AT SW COR OF SE 1/4 OF SEC 2 TH N 00-05-59 W 25
FT TH N 89-36-23 E 200 FT TO THE POB TH N 89-36-23 E 459.31 FT TH
N 00-05-42 W 1299.57 FT TH N 89-37-24 E 1316.25 FT TH N 45-14-16 W
1588.03 FT TH S 89-42-02 W 824.09 FT TO A PT BEING ON THE ARC OF
CURVE BEING CONCAVE NWLY HAVING A RADIUS OF 1949.39 FT A
CENTRAL ANGLE OF 28-19-57 TH SWLY ALONG THE ARC OF
CURVE 963.96 FT TH S 69-00-41 E 523.75 FT TH S 00-05-59 W 134.45 FT
TH N 89-37-24 E 200 FT TH S 00-05-37 E 1299.70 FT TO THE POB & EXC
BEGIN AT THE NE COR OF LOT 2 BLK A RUFF SUB (V-70) TH N 8945-12 W 199.36 FT TH N 00-00-27 W 200 FT TH N 89-45-12 W 212.80 FT
TH N 00-00-27 W 230.38 FT TH S 68-35-03 E 1773.29 FT TH N 89-45-12 W
1238.63 FT TH N 00-00-27 W 210 FT TO THE POB.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE S.W. CORNER OF THE N.W. 1/4 OF SECTION 2,
TOWNSHIP 15 SOUTH, RANGE 22 EAST; THENCE N.89°26'59"E.,
ALONG THE SOUTH BOUNDARY OF SAID N.W. 1/4, 500.55 FEET TO
THE POINT OF BEGINNING. THENCE CONTINUE N.89°26'59"E.,

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ALONG SAID SOUTH BOUNDARY, 824.42 FEET TO A POINT ON THE
WEST BOUNDARY OF THE EAST 1/2 OF SAID N.W. 1/4; THENCE
N.00°10'39"W., ALONG SAID WEST BOUNDARY, 2690.17 FEET TO A
POINT ON THE SOUTH RIGHT OF WAY LINE OF N.E. 35TH STREET
(60 FEET WIDE); THENCE N.89°45'30"E., ALONG SAID SOUTH RIGHT
OF WAY LINE, 752.66 FEET TO A POINT ON THE WESTERLY RIGHT
OF WAY LINE OF SEABOARD COASTLINE RAILROAD (100 FEET
WIDE); THENCE S.17°14'07"E., ALONG SAID WESTERLY RIGHT OF
WAY LINE, 1797.72 FEET TO THE POINT OF CURVATURE OF A
1849.98 FOOT RADIUS CURVE, CONCAVE WESTERLY, HAVING A
CHORD BEARING AND DISTANCE OF S.14°41'46"W. 1956.92 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 63°51'46", A DISTANCE OF
2062.02 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF "NE
36TH AVENUE INDUSTRIAL PARK" AS RECORDED IN PLAT BOOK
'T', PAGE 24 OF THE PUBLIC RECORDS OF MARION COUNTY,
FLORIDA; THENCE S.89°46'05"W., ALONG SAID NORTH BOUNDARY,
415.00 FEET TO A POINT ON THE CENTERLINE OF A 200 FOOT
FLORIDA POWER CORPORATION RIGHT OF WAY; THENCE
N.69°04'56"W., ALONG SAID CENTERLINE, 1774.69 FEET TO A POINT
ON THE EAST RIGHT OF WAY LINE OF N.E. 36TH AVENUE;
THENCE N.00°32'33"W., ALONG SAID EAST RIGHT OF WAY LINE,
104.80 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE,
S.69°10'15"E., 504.12 FEET; THENCE N.00°23'02"W., 351.19 FEET TO
THE POINT OF BEGINNING. SAID LANDS BEING SITUATE IN
MARION COUNTY, FLORIDA.
together with each and every tenement, hereditament, easement, right,
power, privilege, immunity and appurtenance thereunto belonging or in
anywise appertaining, and any and all reversions, remainders, estates, rights,
title, interests and claims of any Mortgagor whatsoever in law as well as in
equity in and to all or any part of the foregoing (the “Lands”), and any and
all buildings and other improvements now or hereafter located on any part
thereof (the “Improvements”):
1.2
All fixtures now or hereafter located on the Lands or affixed to
the Improvements (the “Fixtures”);
1.3
All insurance policies maintained with respect to any of the
foregoing, including all proceeds thereof and any rights to any refund of
premiums thereunder
1.4
All rents, profits, issues, leases and revenues of any of the
foregoing from time to time accruing, whether under leases or tenancies now
existing or hereafter created, together with all leases and rights under leases;
provided however that permission is hereby given to Mortgagor, so long as

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there is no default hereunder, to collect, receive and use current rents no
more than 30 days in advance;
1.5
All judgments, awards of damages, and settlements hereafter
made resulting from condemnation proceedings or the taking of any of the
foregoing or any part thereof or of any right or privilege accruing thereto,
including without limitation any and all payments from voluntary sale in lieu
of condemnation of the exercise of eminent domain;
1.6
All proceeds, products and replacements of or accessions to
any of the foregoing.
TO HAVE AND TO HOLD the aforesaid property to LAND HOLDING, LLC, assigns
forever, by virtue of the Judgment, Order and sale and confirmation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this _____ day of
_______________________________, 2016.
Witness:_______________________
Name:_________________________

Witness:_______________________
Name:_________________________

______________________________________
Philip J. von Kahle

STATE OF FLORIDA
)
COUNTY OF _________________ )
The foregoing instrument was acknowledged before me this ____ day of ___________ ,
2016, by Philip J. von Kahle, as Special Master, ( ) who is personally known to me or ( ) who did
produce _________________________ as identification.
Name:
Notary Public, State of
Commission No.:
My commission expires:

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