CENTENNIAL BANK v. SMITH
Filing
40
CONSENT FINAL JUDGMENT of Foreclosure. Signed by JUDGE RICHARD SMOAK on 6/2/2011. (Certified copies to USMS-PC) (jcw)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CENTENNIAL BANK, successor
in interest to COASTAL COMMUNITY BANK
Plaintiff,
vs.
CASE NO. 5:10 CV 309-RS-EMT
BERNARD S. SMITH
Defendant.
CONSENT FINAL JUDGMENT OF FORECLOSURE
Before me is the parties’ Joint Motion for Entry of Consent Final
Judgment of Foreclosure (Doc. 39).
IT IS ORDERED:
1.
The Court has jurisdiction over the parties and the subject
matter hereof.
2.
Plaintiff, CENTENNIAL BANK, is due $357,104.60 as
principal, $73,426.06 as interest through May 5, 2011, $3,067.90 as late
fees, making a total sum of $433,598.56, which amount shall bear interest at
the post – judgment interest rate defined by 28 U.S.C. § 1961, from the date
of this judgment until paid.
{A0868858.DOC }
3.
Plaintiff holds a lien for the total sum superior to all claims or
estates of Defendant, BERNARD S. SMITH on the following described real
and personal property located in Bay County, Florida:
LOT 5, East Bay Village, as per map or plat thereof as recorded in
Plat Book 21, at Page 57, of the Public Records of Bay County,
Florida
4.
If the total sum with interest at the rate prescribed by law and
all costs of this action accruing subsequent to this judgment are not paid
within the time required by law, the United States Marshal is ordered and
directed to sell the property at public sale.
5.
Pursuant to Fed. R. Civ. P. 69, the procedures for sale shall be
in accordance with the practice and procedure in the State of Florida as
provided in Chapter 45, Florida Statutes (2010) except that title shall vest in
the purchaser pursuant to a United States Marshal's Deed issued after
confirmation of any sale by this Court.
6.
Plaintiff is authorized to bid at the sale and any bid by the
Plaintiff shall be credited against the indebtedness due the Plaintiff. Plaintiff
shall advance all subsequent costs of this action and shall be reimbursed for
them by the United States Marshal if Plaintiff is not the purchaser of the
property at the sale. If Plaintiff is the purchaser at the sale, the United States
{A0868858.DOC }
Marshal shall credit Plaintiff’s bid with the total sum of this judgment with
interest and costs accruing subsequent to this judgment or such part of it as
is necessary to pay the bid in full.
7.
Upon sale being made, then the United States Marshal is
directed to make a report and accounting of the proceeds realized from the
sale, if any, and the bidder, or bidders, at such sale and report the amount of
the sale for confirmation. The United States Marshal shall file the report of
sale with the Court no later than fifteen (15) days after the sale. Upon the
sale being made, the United States Marshal shall retain the proceeds thereof
until Order Confirming Sale is entered by the Court.
8.
Upon the sale being made of the property and confirmed by this
Court, the Court shall direct the United States Marshal to execute a United
States Marshal’s Deed to the property. At said time, the Defendant and all
persons claiming under or against them since the filing of the Notice of Lis
Pendens are foreclosed of all estate or claim in the property and the
purchaser at the sale shall be let into possession of the property.
9.
The United States Marshal shall distribute the proceeds of the
sale in accordance with the Order Confirming the Sale.
{A0868858.DOC }
10.
On the Order Confirming the Sale, the United States Marshal
will execute and deliver the United States Marshal's Deed to the purchaser at
the sale. Plaintiff shall prepare the United States Marshal's Deed. The
purchaser at the sale shall pay for and be responsible for affixing to the
United States Marshal's Deed any documentary stamps or taxes imposed
upon the recordation of the deed.
11.
If the subject 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 of foreclosure.
If you are a subordinate lienholder claiming a right to funds remaining after
the sale, you must file a claim with the United States Marshal no later than
60 days after the sale. If you fail to file a claim, you will not be entitled to
any remaining funds. If you are the property owner, you may claim these
funds yourself.
You are not required to have a lawyer or any other
representation 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 United States Marshal within ten (10) days after the sale to see if
there is additional money from the foreclosure sale.
{A0868858.DOC }
12.
At any time before the filing of an Order of Confirmation of
Sale, Defendant may cure the indebtedness adjudicated due herein and
prevent a foreclosure sale by paying the amount of monies specified in this
judgment, plus the reasonable expenses of proceeding to foreclosure
incurred to the time of the tender, including reasonable attorneys’ fees of the
Plaintiff. Otherwise, there is no right of redemption.
13.
The Court reserves jurisdiction over the parties to adjudicate
any liability relative to Counts II of Plaintiff's Complaint and to make such
further orders as may be appropriate, including, but not limited to, an order
for the issuance of a writ of assistance should repossession be contested and
an order for deficiency judgments.
14.
Because this judgment will not fully resolve all issues among
the parties – the foreclosure sale and Count II remains pending – the final
judgment of foreclosure will be entered under Federal Rule of Civil
Procedure 54(b). The Court expressly determines that there is no just reason
for delay and expressly directs the clerk to enter the consent final judgment
of foreclosure.
15.
Plaintiff’s Address: Centennial Bank, 635 E. Baldwin Road,
Panama City, Florida 32405.
{A0868858.DOC }
ORDERED on June 2, 2011.
/s/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE
{A0868858.DOC }
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?