Redus Florida Commercial v. College Station Retail Center, No. 13-10418 (11th Cir. 2014)Annotate this Case
Redus filed a foreclosure complaint against the Zagames and the parties entered into a settlement agreement that resulted in a joint stipulation for Entry of Final Judgment of Foreclosure. At issue on appeal was what a Marshal collects when he auctions a public judicial sale pursuant to 28 U.S.C. 1921(c)(1). The district court calculated the Marshal's commission based only on the amount of the judgment lien because the judgment creditor failed to establish the property's appraisal value. The court vacated the district court's judgment and remanded for proceedings because the court found that the plain meaning of "collected" in section 1921(c)(1) refers to the amount of the accepted winning bid. The court noted that this decision does not abolish the Marshal's commission.