Opinion
Civil Action No. 6:97-cv-900-Orl-28JGG
December 12, 2002
ORDER GRANTING PLAINTIFF'S MOTION FOR CONFIRMATION OF SALE
This matter came before the Court on the Plaintiffs Motion for Confirmation of Sale. Having considered the motion and any opposition thereto, and having reviewed the file and record in this case, the Court finds that the motion is well taken. Therefore, it is hereby ORDERED, ADJUDGED AND DECREED as follows:
1. The property located at 3034 Winchester Drive in Cocoa, Brevard County, Florida, and described in the Judgment of Foreclosure and Order of Sale entered June 27, 2002, to wit:
LOT 79, PHASE III, A REPLAT OF COVENTRY OF COCOA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 32, PAGE 76 AND 77, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA
was offered to the highest bidder after legal notice by publication of the sale by the Marshal (28 U.S.C. § 2001-2002); Thomas and Kathleen Funk bid the sum of $60,000.00; the property was sold to Thomas and Kathleen Funk; Thomas and Kathleen Funk have remitted to the Marshal the sum of $60,000.00 in accordance with the terms of sale; and the Marshal has followed applicable rules of law in the sale of this property and all requirements thereof;
2. The Marshal's total claimed sales expenses were $1,113.88 for this sale and $852.19 for the first attempted sale, for a total of $1,966.07, and are hereby APPROVED;
3. Said expenses have been retained by the Marshal, and the balance of the purchase price has been remitted to the Clerk of this Court in accordance with the Judgment of Foreclosure and Order of Sale entered June 27, 2002, pending further order of this Court;
4. The sale reported herein is CONFIRMED AND APPROVED;
5. The Marshal shall promptly reimburse the Tax Division, Department of Justice, in the amount of $455.50 for its expenses of sale; and
6. The United States Marshal shall make, execute and deliver a Marshal's Deed to Thomas and Kathleen Funk to the property described above.
Done and ordered.