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Fill and Sign the In the Cirucit Court of the Sixth Pasco County Clerk Form

Fill and Sign the In the Cirucit Court of the Sixth Pasco County Clerk Form

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IN THE ___________COURT OF _____________ (County), ____________ (State) ______________________ PLAINTIFF (Name of Plaintiff) V. CAUSE NO. _____________ ______________________ DEFENDANT (Name of Defendant) Judgment Foreclosing Mortgage and Ordering Sale The above-entitled cause came on to be heard before this Court on __________________ (date), without a jury. Plaintiff ___________________ (name of plaintiff) appeared by plaintiff's attorney ___________________ (name of attorney for plaintiff). Defendant __________________ (name of defendant) appeared by defendant's attorney ___________________ (name of attorney for defendant). The court heard the evidence and the arguments of counsel, and now being fully advised in the premises, and having made and caused to be filed its findings of fact and conclusions of law, now, on motion of ________________________ (name of attorney for plaintiff), attorney for plaintiff. It is ordered, adjudged, and decreed that: 1. All of the property as set forth and described in the Complaint in this cause, and subsequently particularly described, or so much of the property as may be sufficient to satisfy the amount found to be due to the plaintiff and which may be sold separately without material injury to the parties in interest, be sold at public auction according to law. 2. The plaintiff or any of the parties to this suit may purchase at such sale. 3. The sale be made at public auction, for cash, by the _________________ (title of official, e.g., sheriff) of the County of __________________ (name of county). The ________________ (title of official, e.g., sheriff) shall retain his fees, disbursements, and commissions on the sale out of the proceeds of the sale and pay plaintiff, or plaintiff's attorney, the following sums out of the remaining proceeds, or so much of the proceeds as the proceeds permit: A. $______________, with interest at _______% per annum from
To , of all money, real and personal, paid or payable to the plaintiff, attorney, or clerk of this court out of the proceeds of the sale; b. , that is one hundred and eighty dollars (160); and c. Any other lawful money paid or payable by the sheriff of this county. 4. The sheriff shall pay the amount so collected and disbursed to the title office of the county, whereupon the title to the property shall become the property of the county. 5. This writ of execution shall be deemed a writ of execution of sale, and shall be executed in the name of the court, and the sheriff shall execute it in like manner, and shall have full authority to sell and dispose of such property that may be found or sold. 6. The court having jurisdiction of this cause may, before giving any legal notice of execution or giving any writ of execution for sale, cause the execution to be recorded as provided in sections 12-6-102 through 12-6-105 and 12-7-105 and 12-7-109. The recording shall be made in the office of the county clerk of the county of (city, village or incorporated town) wherein the property so intended to be sold shall be found or is to be sold. 7. The plaintiff shall give written notice of the date, hour and place of the sale to the sheriff, and also give all necessary particulars, which the sheriff shall be required to comply with. The sale may be made any time not more than twenty-four hours after the issuance of such written notice to the sheriff or sale may be made within one week thereafter from the day of the alleged sale. 8. Such sale shall be held at a public auction and in the manner provided in sections 12-6-102 through 12-6-105 and 12-7-109, and such auctioneer or auctioneer's agent shall be a person authorized by law to conduct the sale. 9. The proceeds of the sale must be paid to the title-holder or to any of the plaintiff's assigns, if any. 10. (a) the title (title or title-deed) to the property so sold must be delivered, or conveyed to the sheriff by (title-holder), or (title-deed) with the consent of such person, within fourteen days from the date of the alleged sale, or such sale may be held and the proceeds, or such part thereof as the court may direct, paid to the plaintiff. (b)

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