HANCOCK BANK v. C RED INC et al, No. 3:2012cv00234 - Document 67 (N.D. Fla. 2013)
Court Description: SUMMARY FINAL JUDGMENT OF FORECLOSURE re: 39 Motion for Summary Final Judgment and 64 Order. Dft, C-RED, INC., owes Pla, Hancock Bank a total of $866,723.56. Pla is entitled to recover post-judgment interest at the lega l rate prescribed by 28 U.S.C. § 1961 from the date of this judgment until paid. This Court retains jurisdiction over this matter for the purposes of issuing writs of possession and a deficiency judgment. Signed by CHIEF JUDGE M CASEY RODGERS on April 17, 2013. Clear "STAYED Flag. (kvg)
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HANCOCK BANK v. C RED INC et al Doc. 67 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION HANCOCK BANK, a Mississippi state chartered bank, successor in interest to Whitney Bank, a Louisiana state chartered bank, formerly known as Hancock Bank of Louisiana, successor by merger to Whitney National Bank, Case No. 3:12-cv-00234-MCR-CJK Plaintiff, vs. C-RED, INC., a Florida corporation, CARL S. REDISH, JOSEPH L. REDISH a/k/a J.L. REDISH, SUBWAY REAL ESTATE CORP, a Delaware corporation, FARMERS BEST, INC., a Florida corporation, and XIN MAN ZHENG d/b/a JAY GARDEN CHINESE RESTAURANT, Defendants. SUMMARY FINAL JUDGMENT OF FORECLOSURE This matter is before the Court on Plaintiff's Motion for Summary Final Judgment (Doc. 39) seeking a foreclosure judgment under Count I of the complaint1. The Court has reviewed the file and finds that there are no disputed material facts and that Plaintiff is entitled to summary final judgment of foreclosure as a matter of law. The Court hereby incorporates by reference the undisputed material facts and conclusions of law as set forth in its Order (Doc. 64) dated April 12, 2013. Accordingly, it is 1 Plaintiff also moved for summary final judgment against Carl S. Redish (“Redish”) on Count II, but all claims against Redish have been automatically stayed in light of his pending bankruptcy. Dockets.Justia.com ADJUDGED THAT: 1. Defendant, C-RED, INC., owes Plaintiff, Hancock Bank, whose address is 1022 West 23rd Street, Panama City, Florida 32405, the following sums: (1) Principal (2) Interest through 02/17/2012 (3) Interest from 02/18/2012 to 01/06/2013 119,073.243 (4) Interest from 01/07/2013 to 04/17/2013 34,202.644 (5) Ad Valorem Taxes (6) Court Costs now taxed (7) Reasonable Attorneys’ Fees TOTAL AMOUNT OF JUDGMENT $677,280.04 9,508.302 7,721.84 654.00 18,283.50 $866,723.56 Plaintiff is entitled to recover post-judgment interest at the legal rate prescribed by 28 U.S.C. § 1961 from the date of this judgment until paid. 2. Plaintiff holds a lien for the total sum in Paragraph 1 above superior to all claims or estates of Defendants on the following described real and personal property located in Santa Rosa County, Florida. See Exhibits A and B attached hereto. 3. If the total sum with interest at the rate prescribed by law due under Paragraph 1 above and all costs of this action accruing subsequent to this judgment are 2 Based on the per diem note rate. Based on the per diem default rate and the principal loan amount outstanding prior to CRed’s additional principal payment that cleared on January 7, 2013. 4 Based on the default per diem rate of $338.64 effective after January 7, 2013. 3 not paid prior to the commencement of the foreclosure sale by the United States Marshal (the "Marshal"), the Marshal is ordered and directed to sell the real and personal property described above, together with the right to collect all rents which may be due but remain unpaid or collected but not deposited by C-Red, Inc., or anyone acting on its behalf, 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 (2012) except that title shall vest in the purchaser pursuant to a United States Marshal's Deed issued after confirmation of the sale by this Court. 5. The Marshal shall advertise the sale of the subject property in accordance with 28 U.S.C. §§ 2001-2002, and after giving proper notice, conduct the sale of the property at the North Door of the Santa Rosa County Courthouse, 6865 Caroline Street, Milton, Florida. 6. Plaintiff is authorized to bid at the sale and any bid by the Plaintiff shall be credited against the indebtedness due the Plaintiff under Paragraph 1 above. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the Marshal if Plaintiff is not the purchaser of the property at the sale in accordance with the Order Confirming Sale. If Plaintiff is the purchaser at the sale, the Marshal shall credit Plaintiff's bid with the total sum in Paragraph 1 above, with interest and costs accruing subsequent to this judgment or such part of it as is necessary to pay the bid in full. If a third party is the purchaser at the sale, 10% of the bid price by certified check or cashier's check shall be paid at the time of the sale with the balance to be paid by certified check or cashier's check to the Marshal within 24 hours after the sale. 7. At a time immediately preceding the sale, all of the rents being held in trust pursuant to this Court's Order (Doc. 29) dated October 10, 2012, shall be paid to Plaintiff. The rents paid to Plaintiff shall be credited against the amount adjudicated due Plaintiff in this judgment. 8. Upon sale being made, the 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 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 Marshal shall retain the proceeds from the sale until the Order Confirming Sale is entered by the Court. 9. Upon sale being made of the property and confirmed by this Court, the Court shall direct the 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. As set forth herein, the Defendants' right of redemption expires at the time of the judicial sale ordered in this judgment. 10. The Marshal shall distribute the proceeds of the sale in accordance with the Order Confirming Sale. 11. Upon entry of the order confirming sale, the Marshall 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. 12. 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. 13. This Court retains jurisdiction over this matter for the purposes of issuing writs of possession and a deficiency judgment. ORDERED on this 17th day of April, 2013. M. Casey Rodgers M. CASEY RODGERS Chief United States District Judge EXHIBIT A (A) LESS AND EXCEPT: continued on next page Together with all mineral, oil and gas rights appurtenant to said land. EXHIBIT B Those specific assets shown below and all equipment, inventory, accounts, contracts, chattel paper, investment property, general intangibles and all assets whether now or hereinafter relating or pertaining to the real property described in Exhibit A attached hereto.
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