CFBP, LLC v. U.S. Bank

Full title: CFBP, LLC, a Florida limited liability company…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Aug 24, 2011

CASE NO.: 8:09-cv-2322-T-33AEP (M.D. Fla. Aug. 24, 2011)

Opinion

CASE NO.: 8:09-cv-2322-T-33AEP.

August 24, 2011

ORDER GRANTING JOINT MOTION FOR APPOINTMENT OF RECEIVER AND FINAL JUDGMENT OF FORECLOSURE

VIRGINIA HERNANDEZ, District Judge

THIS MATTER came before the Court upon Counterclaim Plaintiff's, Counterclaim Defendant's and Third Party Defendant's Motion and Stipulation for Order Appointing Receiver and Final Judgment of Foreclosure (Doc. # 122). The Court, having reviewed the Motion and being otherwise fully advised, does hereby grant the Motion.

Accordingly, it is

ORDER, ADJUDGED, and DECREED:

1. The Motion (Doc. # 122) is GRANTED.

2. The Counterclaim Plaintiff is hereby authorized to conduct a foreclosure sale of the real property located in Polk County, Florida more particularly described below (the "Property") by way of auction :

SEE ATTACHED EXHIBIT "A"

3. The foreclosure sale of the Property shall be conducted in accordance with and pursuant to the terms set forth in a Final Judgment of Foreclosure entered by this Court.

4. The Counterclaim Plaintiff is authorized to use Heritage Global Partners as the Auctioneer.

5. The Property shall be sold free and clear of any claims, liens, encumbrances and other interests.

6. The Counterclaim Plaintiff is hereby authorized to appoint Christopher Sanger, an officer of Transwestern Carey Winston, LLC d/b/a Transwestern as Receiver.

DONE and ORDERED in Chambers, in Tampa, Florida.

Exhibit