Kahama VI, LLC v. HJH, LLC et al

Filing 491

AMENDED FORECLOSURE JUDGMENT AND ORDER OF SALE. (See Order for details.) Signed by Judge James S. Moody, Jr on 1/8/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

KAHAMA VI, LLC,
Plaintiff,
v.

Case No: 8:11-cv-2029-T-30TBM

HJH, LLC, ROBERT E.W. MCMILLAN,
III, WILLIAM R. RIVEIRO, JOHN
BAHNG, HOWARD S. MARKS, OLD
REPUBLIC NATIONAL TITLE
INSURANCE COMPANY and KEVIN
PATRICK DONAGHY,
Defendants.

AMENDED FORECLOSURE JUDGMENT AND ORDER OF SALE
This cause came before the Court on a bench trial on November 13, 2014. The Court
having found in favor of Plaintiff, Kahama VI, LLC (“Kahama”) and against Defendants
HJH, LLC, Robert E.W. McMillan, III, William R. Riveiro, and John Bahng (the “HJH
Defendants”), and having granted and the Defendants’ Motion for Miscellaneous Relief
(Dkt. #489), now enters an Amended Foreclosure Judgment as follows:
1. Plaintiff is owed the following sums of money:
Principal due on the Note secured by the mortgage foreclosed
Interest on the Note as of November 13, 2014
Real Estate Taxes 2008-2010
Real Estate Taxes 2011-2014
Sub-Total
Less payment received December 5, 2014
Total Sum

$1,289,921.55
$773,092.98
$227,545.68
$64,156.61
$2,354,716.82
($22,977.15)
$2,331,739.67

2. The total sum referenced in paragraph 1 shall bear interest from this date forward at
the prevailing legal interest rate.
3. Plaintiff holds a first priority mortgage lien and security interest for the total sum
set forth in paragraph 1 against the Property legally described as :
Lots 3, 4, 13 and 14, Block 25, Fuquay and Rogers, New Smyrna Beach,
Volusia County, Florida, per map in Map Book 7, Page 29, in the Public
Records of Volusia County, Florida, and alleyway formerly running North
and South through the aforedescribed property and now vacated by New
Smyrna Beach Ordinance No. 353 on October 25, 1945, the above described
property also being described as the South 100 feet of the North 200 feet of
Marshall' s Re-subdivision of Block 25 of the New Smyrna Beach
Subdivision per Map Book 9, Page 262, Public Records of Volusia County,
Florida.
4. Plaintiff’s lien in and upon the Property is superior in dignity to any right, title,
interest, claim, lease, encumbrance or equity of the HJH Defendants, any and all persons,
corporations or other entities claiming by, through or under the HJH Defendants and the
Property will be sold free and clear of any claims whatsoever of the HJH Defendants.
5. Pursuant to Rule 53(a)(1)(c) of the Federal Rules of Civil Procedure, the Court
appoints Mediation Firm, Inc. and/or Attorney James Chaplin, Address: 401 East Las Olas
Boulevard, Suite 1220, Fort Lauderdale, FL 33301, Telephone: [phone],
www.mediationfirm.inc. as Special Master to advertise and conduct the sale.
6. Pursuant to 28 U.S.C. § 2001, the Special Master is authorized and directed to sell
the Property at public sale. Plaintiff shall coordinate with the Special Master who shall sell
the Property at a public sale in the Volusia County Courthouse at the usual hour and
location for public sale, to the highest bidder for cash, following notice of the public sale
of the Property to be published once a week for at least four weeks in a newspaper regularly

issued and of general circulation in Volusia County, Florida as required by 28 U.S.C. §
2002.
7. Plaintiff shall advance the cost of publishing the Notice of Sale for conducting the
sale of the Property and shall be reimbursed after the closing of the sale.
8. The successful bidder shall be required at the time of the sale to deposit with the
Special Master five percent (5%) of the successful bid amount by certified check made
payable to the Special Master or by cash deposit. Before being permitted to bid at the sale,
all third party bidders shall present proof to the Special Master that they are able to comply
with this requirement or otherwise shall not be allowed to bid.
9. The balance of the purchase price of the Property shall be tendered by the successful
purchaser in the form of a certified check payable to the Special Master within one (1) day
following the sale. If the successful bidder fails to fulfill this requirement, the deposit shall
be forfeited and applied to the expenses of the sale with the balance to Plaintiff and the
Property shall be re-offered for sale in accordance with the above provisions.
10. If Plaintiff is the purchaser of the Property, the Special Master shall credit Plaintiff’s
bid with the Total Sum in paragraph 1 with interest and costs accruing subsequent to this
judgment, or such part of it, as is necessary to pay the bid in full.
11. If a third party bidder is the purchaser, the third party bidder must pay the
documentary stamp tax attached to the Certificate of Title in addition to the bid.
12. Upon full compliance with the terms of the public sale, the Special Master shall file
a report of the sale with the Clerk of Court, which is subject to confirmation by the Court.

13. Upon confirmation of the sale by the Court, the Special Master shall convey to the
purchaser a Certificate of Title, which shall be recorded in the Public Records of Volusia
County, Florida.
14. Upon recording of the Certificate of Title, the sale proceeds shall be distributed, so
far as they are sufficient by paying: first, all of Plaintiff’s costs; second, documentary
stamps affixed to the title; third, the total sum due to Plaintiff as is set forth in this
Judgment, less the items paid, plus interest at the rate prescribed by law from the date of
this Judgment to the date of sale; and by retaining any remaining amount pending the
further Order of this Court.
15. Upon recording of the Certificate of Title, the HJH Defendants and all persons
claiming by, through, under or against them since the filing of the Notice of Lis Pendens
shall be forever barred and foreclosed to all estate or claim in the Property and the purchaser
at the sale shall be let into possession of the Property.
16. The sale of the Property is made pursuant to 28 U.S.C. § 2001, et seq., without the
right of redemption.
DONE and ORDERED in Tampa, Florida, this 8th day of January, 2015.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2011\11-cv-2029 amended foreclosure judgment.docx