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IN THE UNITED STATES DISTRICT COURT FOR

THE NORTHERN DISTRICT OF FLORIDA

(Panama City Division)

RED MOUNTAIN BANK, N. A., ) 

)

Plaintiff, )

)

vs. ) Case No. 5:10-cv-100

)

EMERALD COAST CAR WASH, LLC, )

LEE A. SAGE and ROBERT PARKS, )

and UNKNOWN PERSON OR )

ENTITY IN POSSESSION OF 22431 )

PANAMA CITY BEACH PARKWAY, )

)

Defendants. )

FINAL JUDGMENT OF FORECLOSURE

Before me is the Order to Show Cause Why Final Judgment of Foreclosure Should Not 

Be Entered (Doc. 13).

 IT IS ORDERED:

1. I have jurisdiction over the parties and the subject matter.

2. Plaintiff, ore tenus, withdrew its Motion for Appointment of Special Master.

3. A hearing was held on July 8, 2010, on the Order to Show Cause Why Final 

Judgment of Foreclosure Should Not Be Entered. The following parties appeared: Red Mountain 

Bank, N.A., Emerald Coast Car Wash, LLC, Lee A. Sage and Robert Parks. Defendant, 

Unknown Person or Entity in Possession of 22431 Panama City Beach Parkway was dismissed 

from this action. 

4. Defendants were served with the Court's Order to Show Cause Why Final 

Judgment of Foreclosure Should Not Be Entered within the time required by law and did not file 
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verified defenses to Plaintiff's Complaint and failed to show cause why final judgment of 

foreclosure should not be entered.

5. Plaintiff, RED MOUNTAIN BANK, N.A., is due $2,019,821.88 as principal and 

$127,834.70 as interest through July 7, 2010, late charges of $12,462.07 making a total sum of 

$2,160,118.65 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.

6. Plaintiff holds a lien for the total sum superior to all claims or estates of 

Defendants on the following described real and personal property located in Bay County, 

Florida:
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7. 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. 

8. 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.
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9. 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 front 

door of the Bay County Courthouse at Panama City, Florida.

10. 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 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 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. If a third party is the purchaser at the sale, 5% of the bid price by certified check shall be 

paid at the time of the sale with the balance to be paid by certified check to the Marshal within 

24 hours after the sale.

11. Upon sale being made, and if there are no objections to the sale within ten (10) 

days, then 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 thereof until 

Order Confirming Sale is entered by the Court.

12. Upon the 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.
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13. The Marshal shall distribute the proceeds of the sale in accordance with the Order 

Confirming the Sale.

14. On the order confirming sale, the 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.

15. 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 that the clerk has in the registry of the court. 

16. If you decide to sell your property or hire someone to help you claim the 

additional money, you should read very carefully all papers you are required to sign, ask 

someone else, preferably an attorney who is not related to the person offering to help you, to 

make sure that you understand what you are signing and that you are not transferring your 

property or the equity in your property without the proper information. If you cannot afford to 

pay an attorney, you may contact Northwest Florida Legal Services, Inc. at (850) 432-2336 to 
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see if you qualify financially for their services. If they cannot assist you, they may be able to 

refer you to a local bar referral agency or suggest other options. If you choose to contact Legal 

Services of North Florida, Inc. for assistance, you should do so as soon as possible after receipt 

of this notice. 

17. At any time before the filing of the Marshal’s Report 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.

18. The Court reserves jurisdiction over the parties to adjudicate any liability relative 

to Counts III through V of Plaintiff’s Verified 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.

19. Plaintiff’s Address: Red Mountain Bank, N.A., 5 Inverness Center Parkway, 

Birmingham, AL 35242.

ORDERED on July 21, 2010.

/S/Richard Smoak_________________

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE