IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

FIRST CITIZENS BANK AND

TRUST COMPANY, INC., successor

by assignment to GEORGIAN BANK,

Plaintiff,

vs. CASE NO. 5:10cv33/RS/EMT

JOHN WILLIS HOMES OF FLORIDA, INC.,

A Florida Corporation, ROLLING DUNES 

DEVELOPMENT, LLC, JOHN P. WILLIS,

MAGNOLIA BAY CLUB MASTER 

ASSOCIATION INC.,

SANTA ROSA GOLF VILLAS

OWNERS ASSOCIATION, INC., and

MAGNOLIA BAY CLUB NEIGHBORHOOD

ASSOCIATION, INC.

Defendants.

FINAL JUDGMENT OF FORECLOSURE

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

Be Entered. (Doc. 8)

It is ORDERED:

1. The court has jurisdiction over the parties and subject matter.

2. A hearing was held on May 18, 2010, on the Order to Show Cause Why Final 

Judgment of Foreclosure Should Not Be Entered. The following parties appeared: First Citizens 

Bank and Trust Company, Inc., Magnolia Bay Club Master Association, Inc. and Magnolia Bay 

Club Neighborhood Association, Inc. The following parties did not appear: John Willis Homes 
of Florida, Inc., Rolling Dunes Development, LLC, John P. Willis and Santa Rosa Golf Villas 

Owners Association, Inc.

3. 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 

a verified response to Plaintiff’s Complaint.

4. Plaintiff, FIRST CITIZENS BANK AND TRUST COMPANY, INC., is due 

$10,415,538.42 as principal, and $1,192,033.79 as interest through May 18, 2010, making a total 

sum of $11,607,572.21 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. 

5. Plaintiff holds a lien for the total sums superior to any claim or estate of the 

Defendants, JOHN WILLIS HOMES OF FLORIDA, INC., ROLLING DUNES 

DEVELOPMENT, LLC, JOHN P. WILLIS, MAGNOLIA BAY CLUB MASTER 

ASSOCIATION INC., MAGNOLIA BAY CLUB NEIGHBORHOOD ASSOCIATION INC. 

and SANTA ROSA GOLF VILLAS OWNERS ASSOCIATION, INC. on the following 

described real and personal property located in Bay County, Florida:

Lots 1, 2, 3, 4, 5, and 6 Block A; and Lots 1, 2, 3, 4, 5, 6, 7, 8, 14, 15, 16, 

17, 19, and 20, Block C; and Lots 2, 3, 4, 5, 6, 7, 14, 15, 16, 17, 18, 19, and 20, 

Block D; and Lots 1, 2, and 3, Block E; and Lots 1, 2, and 3, Block F; all lying 

and being in MAGNOLIA BAY CLUB COMMUNITY, according to the Plat 

thereof as recorded in Plat Book 22, Pages 10 of the Public records of Bay 

County, Florida

And on the following described property in Walton County, Florida:

Lot 3, Block A, Santa Rosa Golf Villas, a subdivision in Section 3, township 3 

South, Range 20 West, as recorded in Plat Book 17, pages 44-44B, of the Public 

Records of Walton County, Florida

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. 

6. 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.

7. The Marshal shall advertise the sale of the subject real 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.

8. 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 in cash or by certified check 

shall be paid at the time of the sale with the balance to be paid in cash or by certified check to the 

United States Marshal within 24 hours after the sale. 

9. 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.

10. 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 that 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.

11. The Marshal shall distribute the proceeds of the sale in accordance with the Order 

Confirming the Sale.

12. 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.

13. 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 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 Marshal
within ten (10) days after the sale to see if there is additional money from the foreclosure sale 

that the Marshal has in the registry of the court. 

14. 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 

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. 

15. 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.

16. Any and all rights of Defendants Magnolia Bay Club Master Association, Inc., 

Magnolia Bay Club Neighborhood Association, Inc. and Santa Rosa Golf Villas Owners 

Association, Inc., afforded by Florida Law are not affected by this judgment. 

17. The Court reserves jurisdiction over the parties to adjudicate any liability as to 

Counts I and III 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.

18. Plaintiff's address is First Citizens Bank and Trust Company, Inc., 1230 Main 

Street, Columbia, South Carolina 29201

ORDERED on May 18, 2010.

/s/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE