19-18050-PGH

19-361345

Response to Objection

Page # 1

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

IN RE:

Heather Carla Schaeffer,

aka Heather C Alston,

aka Heather Alston Schaeffer,

aka Heather Alston,

Debtor.

_________________________________/

CASE NO.: 19-18050-PGH

CHAPTER 13

RESPONSE TO OBJECTION TO CITIMORTGAGE, INC.’S 

NOTICE OF POSTPETITION MORTGAGE FEES, EXPENSES, AND CHARGES

COMES NOW, CITIMORTGAGE, INC. (“Secured Creditor”), by and through its

undersigned attorney, hereby files its Response to Objection to Citimortgage, Inc.’s Notice of

Postpetition Mortgage Fees, Expenses, and Charges (“Objection”), (DE# 51), and in support

thereof states as follows:

1. Secured Creditor holds an interest in Debtor’s real property located at 1200 NORTH

ATLANTIC BLVD 702, FORT LAUDERDALE, FL 33305. 

2. Secured Creditor timely filed its Proof of Claim (“Claim”), Claim No. 7-1, on August

30, 2019 and Notice of Postpetition Mortgage Fees, Expenses, and Charges on

February 3, 2020.

3. Pursuant to Federal Rule of Bankruptcy Procedure 3001(f), a proof of claim (and, by

extension, supplemental proof of claim) executed and filed in accordance with the

Bankruptcy Rules “shall constitute prima facie evidence of the validity and amount of

the claim.”

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4. On February 14, 2020, Debtor filed an Objection, asserting allegations opposing

Secured Creditor’s claim. 

5. Debtor will not be prejudiced by allowing the Notice of Postpetition Mortgage Fees,

Expenses, and Charges to stand as timely filed. All amounts stated are reasonable and

permitted by the loan documents. 

6. Secured Creditor objects to the Debtor paying the fees listed in the Postpetition

Mortgage Fees, Expenses, and Charges by adding them to the end of the Debtor's

mortgage payments.

7. Secured Creditor Notice of Postpetition Mortgage Fees, Expenses, and Charges is

neither incorrect nor improper as filed.

8. Secured Creditor reserves the right to supplement its Response to Debtor’s Objection

at any time before or at the hearing.

WHEREFORE, Secured Creditor respectfully requests that this Honorable Court allows

Secured Creditor’s Notice of Postpetition Mortgage Fees, Expenses, and Charges as filed so as to

preserve Creditor’s Claim, and for such other and further relief as the Court may deem just and

proper. 

ROBERTSON, ANSCHUTZ & SCHNEID, P.L.

Attorney for Secured Creditor

6409 Congress Ave., Suite 100

Boca Raton, FL 33487

Telephone: 561-241-6901

Facsimile: 561-241-1969

By: /s/ Ashley French

Ashley French, Esquire

Email: afrench@rasflaw.com

Florida Bar No. 107296

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on February 24, 2020, I caused to be electronically filed

the foregoing with the Clerk of Court by using the CM/ECF system, and a true and correct copy

has been served via CM/ECF or United States Mail to the following parties:

DEBTOR

Heather Carla Schaeffer

1200 N. Ft. Lauderdale Beach Blvd.,# 702

Fort Lauderdale, FL 33304

DEBTORS COUNSEL 

Donna R Joseph, Esq

13899 Biscayne Blvd # 142

North Miami Beach, FL 33181

TRUSTEE

Robin R Weiner

www.ch13weiner.com

POB 559007

Fort Lauderdale, FL 33355

US TRUSTEE

Office of the US Trustee

51 S.W. 1st Ave.

Suite 1204

Miami, FL 33130

ROBERTSON, ANSCHUTZ & SCHNEID, P.L.

Attorney for Secured Creditor

6409 Congress Ave., Suite 100

Boca Raton, FL 33487

Telephone: 561-241-6901

Facsimile: 561-241-1969

By: /s/ Ashley French

Ashley French, Esquire

Email: afrench@rasflaw.com

Florida Bar No. 107296

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