CENTENNIAL BANK v. DEVER DEVELOPMENT COMPANY et al

Filing 25

CONSENT FINAL JUDGMENT OF FORECLOSURE re 24 Motion for Entry of Judgment. Signed by JUDGE RICHARD SMOAK on 4/12/2012. (Attachments: # 1 Exhibit A) (3 certified copies to USMS-PC)(jcw)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CENTENNIAL BANK, as successor in
interest to Coastal Community Bank,
Plaintiff/Counter-Defendant,
v.

CASE NO.: 5:12-cv-24-RS-EMT

DEVER DEVELOPMENT COMPANY, STEVEN
MITCHELL DEVER a/k/a MITCH DEVER, et al.,
Defendants/Counter-Plaintiffs,
and
DEVER DEVELOPMENT COMPANY, STEVEN
MITCHELL DEVER a/k/a MITCH DEVER,
Defendant/Counter-Plaintiffs,
v.
FEDERAL DEPOSIT INSURANCE CORPORATION,
as Receiver for Coastal Community Bank,
Counter-Defendants.
______________________________________________________________________________

CONSENT FINAL JUDGMENT OF FORECLOSURE
Before me is the Joint Motion for Entry of Consent Final Judgment of Foreclosure (Doc. 24).
IT IS ORDERED:
1.

The Court has jurisdiction over the parties and the subject matter hereof.

2.

Plaintiff, CENTENNIAL BANK, as successor in interest to Coastal Community

Bank, whose mailing address is 12141 Panama City Beach Parkway, Panama City Beach, FL
32407, is due:

Principal:

$667.500.00

Interest to 04/06/2012
(per diem of $120.52)

$104,129.99

Attorneys’ fees:
Finding as to reasonable number of
hours: 72.9 hrs - attorney (partner)/
22.50 hrs - attorney (associate)/ 15.9 hrs paralegal
Finding as to reasonable hourly
rate: $250-attorney/$75 paralegal
Attorneys’ fees total:

$23,355.00

Attorneys Fees/Costs Paid to Derrick Bennett:
($4,500.50 minus court costs, lis pendens
and service of process)

$2,566.50

Court costs, now taxed:

$1,905.00

Other: Service of Process

$20.00

Lis Pendens

$9.00

Amended Lis Pendens

$9.00

Court Reporter: Coastal Reporting

$130.00

Late Charges:

$572.46

Other:
Mediation Fee: Harrison, Sale, et al.

$510.00

Appraisal Fee: Robert Brooks

$750.00

TOTAL

$802,818.49

that shall bear interest at the rate of 4.75% a year.

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2.

Plaintiff, CENTENNIAL BANK, holds a lien for the total sum, superior to all claims

or estates of Defendants, DEVER DEVELOPMENT COMPANY, STEVEN MITCHELL DEVER
a/k/a MITCH DEVER and PROSPERITY BANK, on the following described property in Bay
County, Florida, (the “Property”):
SEE ATTACHED EXHIBIT “A”
3.

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 prior to the commencement of the sale by the
United States Marshal, (“the Marshal”), the Marshal is ordered and directed to sell the Property at
public sale.
4.

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 (2009)
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.
5.

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 his 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 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.
6.

Upon the sale being made, then the United Sates 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
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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.
7.

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 Defendants 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.
8.

The United States Marshal shall distribute the proceeds of the sale in accordance with

the Order Confirming the Sale.
9.

On the Order Confirming 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.
10.

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
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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.
11.

At any time before the filing of an Order of Confirmation of Sale, Defendants 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.
12.

The Court reserves jurisdiction over the Parties to adjudicate any liability relative to

Plaintiff’s Complaint or any amendments thereto 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
possession be contested and an Order for Deficiency Judgment, if one is sought.

ORDERED on April 12, 2012.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE

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