FTF Lending LLC v. Blue International Group LLC
FTF Lending LLC v. Blue International Group LLC
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
FTF LENDING LLC, a Delaware Limited Liability Company,
Plaintiff,
v. 2:23-cv-149-JES-NPM
BLUE INTERNATIONAL GROUP, LLC, a Florida Limited Liability Company, and LUCRECIA M. DELMONTE,
Defendants.
ORDER This matter is before the Court on plaintiff FTF Lending LLC’s motion to appoint a special master to conduct the foreclosure sale of two parcels of real property located in Port Charlotte, Florida. (Doc. 29 at 1-2). FTF Lending obtained default judgment against defendants Blue International Group, LLC and Lucrecia M. Delmonte on September 12, 2023. (Doc. 27; Doc. 28). As part of the default judgment, the court entered a judgment of mortgage foreclosure on Count III of the complaint for property located in Port Charlotte, Florida (“the Property”), which is described as follows: LOT 14, BLOCK 2106, PORT CHARLOTTE SUBDIVISION, SECTION 25, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGES 18A THROUGH 18C, OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA. Address: 839 Conreid Drive NE, Port Charlotte, Florida 33952 Parcel ID: 402227284001
(Doc. 1, ¶ 9; Doc. 27 at 6). FTF Lending now seeks to enforce that portion of the judgment. Pursuant to Federal Rule of Civil Procedure 53(a)(1)(C), a court may appoint a master to “address pretrial and posttrial matters that cannot be effectively and timely addressed by an available district judge or magistrate judge of the district.” “Absent a basis for disqualification, federal courts routinely appoint special masters
to conduct foreclosure sales.” Stearns Bank Nat’l Ass’n v. Come Again, Inc., No. 8:15-CV-322-T-30JSS,
2016 WL 695990, at *2 (M.D. Fla. Feb. 22, 2016) (citations omitted).
Here, the district judge and magistrate judge cannot timely address the foreclosure sale and, therefore, an appointment of a special master appears warranted. FTF Lending proposes that the court appoint Mark C. Healy as special master, asserting there is no basis for disqualification. (Doc. 29 at 4-5). In support,
FTF Lending attached an affidavit from Healy averring that he has no relationship to the parties, attorneys, action, or court that would require disqualification under Rule 53. (Doc. 29-1).
Accordingly, FTF Lending’s motion is GRANTED. The court appoints Mark C. Healy to conduct the foreclosure sale of the Property in accordance with
28 U.S.C. § 2001. et seq. ORDERED on November 27, 2023. Heke E siae /L. NICHOLAS P. MIZEL UNITED STATES MAGISTRATE JUDGE
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