IN THE UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE

In re: §

Vicki Lee Grusby aka Vicki Northey aka

Vicki

§

Grusby aka Vickie Grusby aka Vicky 

Grusby

§ Case No. 20-11033-SMG

§ Chapter 13

§

Debtor(s). §

NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING

RENEWED MOTION TO DISMISS

Comes Now, NewRez LLC d/b/a Shellpoint Mortgage Servicing as servicer for The 

Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders 

of CWALT, Inc., Alternative Loan Trust 2006-0C8, Mortgage Pass-Through Certificates, 

Series 2060-0C8 (“Shellpoint”), by and through its counsel, seeks to dismiss this case for debtor’s 

failure to file amended plan pursuant to 11 U.S.C. 1307(c)(1) and (c)(7): 

1. Shellpoint is a secured creditor of the debtor, Vicki Lee Grusby (the “Debtor”)

with respect to real property commonly known as 260 Southwest 75th Ter, Plantation, FL 33317

(the “Property”).

2. The Debtor is in default under the subject Note and Mortgage by having failed to

make the payment due on July 1, 2010.

3. As of the petition date, January 27, 2020, Debtor was in arrears to Shellpoint in

the amount of $441,272.07 as set forth within the Proof of Claim it filed on April 6, 2020 as Claim 

#12. This amount represents monthly payments, pre-petition late charges, advances for 

taxes/insurance, foreclosure costs and attorney’s fees incurred with respect to the default. 

Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 1 of 20
4. On April 27, 2020, Debtor filed her second amended proposed plan in which the

Debtor provided that Shellpoint’s claim would be addressed through the MMM program, subject 

to the customary rules and regulations stated therein. A copy of said plan is attached hereto as 

Exhibit “A”. 

5. On May 27, 2020, Debtor’s second amended proposed plan was confirmed by

Order of this Court. A copy of said Order is attached hereto as Exhibit “B”. 

6. Subject to the terms of the Confirmation Order and confirmed plan, Debtor was

required to seek a modification through this Court’s MMM program, subject to termination by the 

filing of the Mediator’s final report. Upon filing of the same, the terms of the MMM program, 

which are incorporated and restated in Debtor’s plan, require Debtor to file a modified plan to 

address Shellpoint’s claim within 14 days. 

7. In this case, Debtor made a Motion for Referral to Motion Modification Mediation

on April 24, 2020. (Doc #27). 

8. Participation in MMM was granted by Order entered April 27, 2020. (Doc #28).

9. The initial mediation conference date was scheduled for July 16, 2020.

10. In or around the month of February 2021, the Debtor was offered a trial period plan

that required Debtor to make the first trial payment to the Secured Creditor on or before March 1, 

2021. A copy of said trial offer letter is attached hereto as Exhibit “C”.

11. Debtor failed to respond to communications with respect to this offer both in the

DMM web portal and via electronic mail to her legal counsel. 

12. As such, the mediation resulted in an impasse whereby the Debtor did not accept

the trial modification as offered. 

Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 2 of 20
13. The mediator filed the final report of loss mitigation on June 17, 2021. A copy of

the final report is attached hereto as Exhibit “D”. 

14. Pursuant to the terms of Debtor’s confirmed plan, she was required to file an

amended plan of reorganization within 14 days after the final report, or by July 1, 2021. 

15. To date, no amended plan of reorganization has been filed, leaving the Secured

Creditor’s claim for mortgage arrears without redress. 

16. Accordingly, Shellpoint hereby movesthis Court pursuant to 11 U.S.C. §1307(c)(1)

and (c)(7) to enter an Order dismissing the Debtor’s Chapter 13 proceeding for failure to perform 

the duties of her confirmed plan and/or provide adequate protection and acceptable treatment for 

Shellpoint’s claim in absence of a loan modification. 

WHEREFORE, Shellpoint hereby respectfully requests the Court enter an order dismissing 

the instant Chapter 13 proceeding for failure to perform the duties of the confirmed plan and/or to 

enter an order awarding any such relief as the Court deems appropriate. 

Date: October 29, 2021 

PINCUS LAW GROUP, PLLC

 By: /s/ Scott Stengel, Esq.

Scott Stengel, Esq.

Florida Bar No.: 79086

425 RXR Plaza

Uniondale, NY 11556

Tel.: (516) 699-8902

Email: sstengel@pincuslaw.com

Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 3 of 20
Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 4 of 20
LF-31 (rev. 10/3/17) Page 1 of 4

 UNITED STATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

CHAPTER 13 PLAN (Individual Adjustment of Debts)

■

Original Plan 

2ND-MMM Amended Plan (Indicate 1st, 2nd, etc. Amended, if applicable)

Modified Plan (Indicate 1st, 2nd, etc. Modified, if applicable)

DEBTOR: VICKY LEE GRUSBY JOINT DEBTOR: CASE NO.: 20-11033-SMG

SS#: xxx-xx- 3068 SS#: xxx-xxI. NOTICES 

To Debtors: Plans that do not comply with local rules and judicial rulings may not be confirmable. All plans, amended plans 

and modified plans shall be served upon all creditors and a certificate of service filed with the Clerk pursuant to 

Local Rules 2002-1 (C)(5), 3015-1(B)(2), and 3015-2. Debtor(s) must commence plan payments within 30 days of 

filing the chapter 13 petition or within 30 days of entry of the order converting the case to chapter 13. 

 To Creditors: Your rights may be affected by this plan. You must file a timely proof of claim in order to be paid. Your claim may 

be reduced, modified or eliminated. 

 To All Parties: The plan contains no nonstandard provisions other than those set out in paragraph VIII. Debtor(s) must check one 

box on each line listed below in this section to state whether the plan includes any of the following:

The valuation of a secured claim, set out in Section III, which may result in a 

partial payment or no payment at all to the secured creditor Included ■ Not included

Avoidance of a judicial lien or nonpossessory, nonpurchase-money security interest, set 

out in Section III Included ■ Not included

Nonstandard provisions, set out in Section VIII ■ Included Not included

II. PLAN PAYMENTS, LENGTH OF PLAN AND DEBTOR(S)' ATTORNEY'S FEE

A. MONTHLY PLAN PAYMENT: This Plan pays for the benefit of the creditors the amounts listed below, including trustee's 

fees of 10%, beginning 30 days from the filing/conversion date. In the event the trustee does not retain the full 10%, any unused 

amount will be paid to unsecured nonpriority creditors pro-rata under the plan:

1. $1,170.00 for months 1 to 38 ;

B. DEBTOR(S)' ATTORNEY'S FEE: NONE PRO BONO

Total Fees: $7100.00 Total Paid: $1000.00 Balance Due: $6100.00 

Payable $165.69 /month (Months 1 to 36 )

Payable $135.16 /month (Months 37 to 37 )

Allowed fees under LR 2016-l(B)(2) are itemized below:

$4,500.00 Base Legal Fee; $2,600.00 to file MMM Motion. 

Applications for compensation must be filed for all fees over and above the Court's Guidelines for Compensation.

III. TREATMENT OF SECURED CLAIMS

A. SECURED CLAIMS: NONE

[Retain Liens pursuant to 11 U.S.C. §1325 (a)(5)] Mortgage(s)/Lien on Real or Personal Property:

1. Creditor: The Bank of New York Mellon/NewRez LLC d/b/a Shellpoint Mortgage Servicing

 Address: POB 10826 

Greenville SC 29603

Last 4 Digits of 

Account No.: 1707

Arrearage/ Payoff on Petition Date MMM

MMM Adequate Protection $897.95 /month (Months 1 to 38 )

Other: Payment is based on 31% of gross income minus monthly HOA fee.

Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 5 of 20
LF-31 (rev. 10/3/17) Page 2 of 4

Debtor(s): VICKY LEE GRUSBY Case number: 20-11033-SMG

■ Real Property

■ Principal Residence

Other Real Property

Address of Collateral:

260 SW 75 Terrace Plantation, FL 33317

Check one below for Real Property:

■ Escrow is included in the regular payments

The debtor(s) will pay taxes insurance directly

Personal Property/Vehicle 

Description of Collateral:

B. VALUATION OF COLLATERAL: ■ NONE

C. LIEN AVOIDANCE ■ NONE

D. SURRENDER OF COLLATERAL: Secured claims filed by any creditor granted stay relief in this section shall not receive a 

distribution fom the Chapter 13 Trustee.

■ NONE

E. DIRECT PAYMENTS: Secured claims filed by any creditor granted stay relief in this section shall not receive a distribution 

fom the Chapter 13 Trustee.

NONE

The debtor(s) elect to make payments directly to each secured creditor listed below. The debtor(s) request that upon 

confirmation of this plan the automatic stay be terminated in rem as to the debtor(s) and in rem and in personam as to any 

codebtor(s) as to these creditors. Nothing herein is intended to terminate or abrogate the debtor(s)' state law contract rights. 

■

Name of Creditor Last 4 Digits of Account No. Description of Collateral (Address, Vehicle, etc.)

1.

El Dorado Estates 

Association, Inc.

260 260 SW 75 Terrace Plantation, FL 33317

2.

Ford Motor Credit Company 

LLC

0377 Ford F-150

IV. TREATMENT OF FEES AND PRIORITY CLAIMS [as defined in 11 U.S.C. §507 and 11 U.S.C. § 1322(a)(4)]

A. ADMINISTRATIVE FEES OTHER THAN DEBTORS(S)' ATTORNEY'S FEE: ■ NONE

B. INTERNAL REVENUE SERVICE: ■ NONE

C. DOMESTIC SUPPORT OBLIGATION(S): ■ NONE

D. OTHER: ■ NONE

V. TREATMENT OF UNSECURED NONPRIORITY CREDITORS

A. Pay $30.53 /month (Months 37 to 37 )

Pay $165.69 /month (Months 38 to 38 )

Pro rata dividend will be calculated by the Trustee upon review of filed claims after bar date.

B. If checked, the Debtor(s) will amend/modify to pay 100% to all allowed unsecured nonpriority claims.

C. SEPARATELY CLASSIFIED: ■ NONE

*Debtor(s) certify the separate classification(s) of the claim(s) listed above will not prejudice other unsecured nonpriority 

creditors pursuant to 11 U.S.C. § 1322.

VI. EXECUTORY CONTRACTS AND UNEXPIRED LEASES: Secured claims filed by any creditor/lessor granted stay relief in this 

section shall not receive a distribution from the Chapter 13 Trustee.

■ NONE

VII. INCOME TAX RETURNS AND REFUNDS: NONE

Debtor(s) shall provide copies of yearly income tax returns to the Trustee (but not file with the Court) no later than May 

15th during the pendency of the Chapter 13 case. In the event the debtor(s)’ disposable income or tax refunds increase, 

debtor(s) shall increase payments to unsecured creditors over and above payments provided through the Plan up to 100% of 

allowed unsecured claims. [Broward/Palm Beach cases]

■

VIII. NON-STANDARD PLAN PROVISIONS NONE

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LF-31 (rev. 10/3/17) Page 3 of 4

Debtor(s): VICKY LEE GRUSBY Case number: 20-11033-SMG

Nonstandard provisions must be set forth below. A nonstandard provision is a provision not otherwise included in the Local 

Form or deviating from it. Nonstandard provisions set out elsewhere in this plan are void.

■ Mortgage Modification Mediation 

1 The debtor has filed a Verified Motion for Referral to MMM with:

The Bank of New York Mellon/NewRez LLC d/b/a Shellpoint Mortgage Servicing ("Lender")

loan number 1707

for real property located at 260 SW 75 Terrace Plantation, FL 33317

The parties shall timely comply with all requirements of the Order of Referral to MMM and all Administrative Orders/Local 

Rules regarding MMM. While the MMM is pending and until the trial/interim payment plan or the permanent mortgage 

modification/permanent payment is established by the parties, absent Court order to the contrary, the debtor has included a postpetition monthly plan payment (a) with respect to the debtor’s homestead, of no less than the lower of the prepetition monthly 

contractual mortgage payment or 31% of the debtor’s gross monthly income (after deducting any amount paid toward HOA fees 

due for the property) and (b) with respect to income producing property, of no less than 75% of the gross income generated by 

such property, as a good faith adequate protection payment to the lender. All payments shall be considered timely upon receipt 

by the trustee and not upon receipt by the lender. 

Until the MMM is completed and the Final Report of Mortgage Modification Mediator is filed, any objection to the lender’s 

proof of claim on the real property described above shall be held in abeyance as to the regular payment and mortgage arrearage 

stated in the proof of claim only. The debtor shall assert any and all other objections to the proof of claim prior to confirmation 

of the plan or modified plan. 

If the debtor, co-obligor/co-borrower or other third party (if applicable) and the lender agree to a settlement as a result of the 

pending MMM, the debtor will file the MMM Local Form “Ex Parte Motion to Approve Mortgage Modification Agreement 

with Lender” (or Self-Represented Debtor’s Motion to Approve Mortgage Modification Agreement with Lender) no later than 

14 calendar days following settlement. Once the settlement is approved by the Court, the debtor shall immediately amend or 

modify the plan to reflect the settlement and the lender shall amend its Proof of Claim to reflect the settlement, as applicable. 

If a settlement is reached after the plan is confirmed, the debtor will file a motion to modify the plan no later than 30 calendar 

days following approval of the settlement by the Court and the Lender shall have leave to amend its Proof of Claim to reflect 

the settlement reached after confirmation of the plan. The parties will then timely comply with any and all requirements 

necessary to complete the settlement. 

In the event the debtor receives any financial benefit from the lender as part of any agreement, the debtor shall immediately 

disclose the financial benefit to the Court and the trustee and amend or modify the plan accordingly. 

If the lender and the debtor fail to reach a settlement, then no later than 14 calendar days after the mediator’s Final Report is 

filed, the debtor will amend or modify the plan to (a) conform to the lender’s Proof of Claim (if the lender has filed a Proof of 

Claim), without limiting the Debtor’s right to object to the claim or proceed with a motion to value; or (b) provide that the real 

property will be “treated outside the plan.” If the property is “treated outside the plan,” the lender will be entitled to in rem stay 

relief to pursue available state court remedies against the property. Notwithstanding the foregoing, lender may file a motion to 

confirm that the automatic stay is not in effect as to the real property. 

Confirmation of the plan will be without prejudice to the assertion of any rights the lender has to address payment of its Proof 

of Claim. 

Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 7 of 20
LF-31 (rev. 10/3/17) Page 4 of 4

Debtor(s): VICKY LEE GRUSBY Case number: 20-11033-SMG

Debtor

VICKY LEE GRUSBY Date

Attorney with permission to sign on 

Debtor(s)' behalf

/s/Mitchell J Nowack, ESQ.

Date

March 20, 2020

Joint Debtor

Date

PROPERTY OF THE ESTATE WILL VEST IN THE DEBTOR(S) UPON PLAN CONFIRMATION. 

 

I declare that the foregoing chapter 13 plan is true and correct under penalty of perjury. 

By filing this document, the Attorney for Debtor(s) or Debtor(s), if not represented by counsel, certifies that the wording and 

order of the provisions in this Chapter 13 plan are identical to those contained in Local Form Chapter 13 Plan and the plan 

contains no nonstandard provisions other than those set out in paragraph VIII.

Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 8 of 20
Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 9 of 20
CGFD26 (4/23/19)

ORDERED in the Southern District of Florida on May 27, 2020

Scott M Grossman

United States Bankruptcy Judge

United States Bankruptcy Court

 Southern District of Florida

www.flsb.uscourts.gov

Case Number: 20−11033−SMG

Chapter: 13

In re: (Debtor(s) name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade)

Vicki Lee Grusby

aka Vicki Northey, aka Vicki Grusby, aka Vicky Grusby, aka Vickie Grusby

260 SW 75 Terrace

Plantation, FL 33317

SSN: xxx−xx−3068

ORDER CONFIRMING CHAPTER 13 PLAN

 This cause came before the court on 5/14/2020 for confirmation of the debtor's proposed Second

Amended chapter 13 plan pursuant to Local Rule 3015−3(B)(2). Based on the record, including the

debtor's "Certificate of Compliance and Request for Confirmation on Chapter 13 Plan", it is

ORDERED as follows:

1. The debtor's chapter 13 plan (the "Plan") meets with the provisions of 11 U.S.C. § 1325 and, if

applicable, § 521 and 1308, and is, therefore, confirmed in accordance with its terms.

2. Any claim entitled to priority under 11 U.S.C. § 507 shall be paid in full, in periodic installments, in

the order of priority prescribed by the Bankruptcy Code over the period of the Plan as required by 11

U.S.C. § 1322(a)(2), with postpetition interest as required by 11 U.S.C. § 506(b) payable on the

secured portion of the claim.

__________________________

1

 All references to "Debtor" shall include and refer to both Debtors in a case filed jointly by two individuals.

Page 1 of 3

Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 10 of 20
3. The debtor's first monthly payment to the Trustee under the Plan was required to commence not

later than 30 days following January 27, 2020, the date the petition was filed, or within 30 days from

the date of conversion to chapter 13. The Trustee shall begin disbursement to creditors pursuant to

the Plan as soon as practicable upon entry of this order.

4. If the Plan does not provide for payments to a secured creditor, the Plan provides for surrender of

the property secured by the secured creditor's claim or the Plan provides for direct payment of the

secured creditor's claim outside of the Plan, such creditor is granted in rem stay relief to pursue

available state court remedies against any property of the debtor which secures the creditor's claim.

The filing of a Motion to Modify a Plan does not operate as a stay of any action against property of

the debtor which is not subject to the automatic stay absent further order of the court.

5. Any executory contract or unexpired lease of the debtor which has not been assumed pursuant to

court order prior to entry of this order, or which is not assumed in the Plan confirmed by this order, is

deemed rejected upon entry of this order.

6. If the confirmed plan in this case provides for payment to holder(s) of tax certificates on property of

the debtor, the following provisions shall apply:

A. To ensure that the records of the County Tax Collector credit amounts received by

certificate holders, upon receipt of information pursuant to subparagraph B below, the

Tax Collector is ordered to adjust the County tax records and reduce both the amount

owed on tax certificates and the amount of the tax lien to reflect payments made by the

Chapter 13 Trustee to certificate holders under the confirmed plan.

B. The Tax Collector shall be served with any order entered post−confirmation which (a)

dismisses or converts this case; (b) grants stay relief to the holder of a secured claim on

the property subject to the tax certificates; (c) approves a sale or refinancing of the

property subject to the tax certificates; (d) modifies the plan to eliminate further payments

to one or more certificate holders; or (e) discharges the debtor upon completion of the

plan. Upon receipt of any such order, the Tax Collector shall request a ledger from the

Chapter 13 Trustee reflecting the amounts paid to certificate holders under the confirmed

plan, or obtain the ledger information by accessing the Chapter 13 Trustee's website.

C. During the period in which the certificate holders are receiving payments under the

confirmed plan, unless otherwise ordered, the Tax Collector is enjoined from accepting a

redemption payment for any certificate which is included in the plan. This injunction will

dissolve without further order of the Court if (a) one of the orders described in

subparagraph B is entered; and (b) the County has complied with the requirements in

subparagraph A by reducing both the amount owed on any certificate paid or partially

paid under the plan and the amount of the tax lien by the amount paid to the certificate

holder as reflected in the Chapter 13 Trustee's ledger.

7. Pursuant to Local Rule 3070−1(C)(2), if the debtor fails to timely make any Plan payment to the

Trustee, the Trustee may serve a "Notice of Delinquency" upon the debtor and the debtor's attorney.

The debtor shall have 45 days from the date of the "Notice of Delinquency" to make all payments

due under the Plan, including any payments that become due within the 45−day period. If the debtor

is seeking to cure the delinquency in a modified plan the debtor must file a motion to modify the

confirmed plan within 14 days of the date of the "Notice of Delinquency". If the debtor is not current

with plan payments on the 45th day after the date of the "Notice of Delinquency", the Trustee shall

file and serve a report of non−compliance and the case will be dismissed without further notice or

hearing. The court will not extend these deadlines absent extraordinary circumstances.

Page 2 of 3

Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 11 of 20
8. To the extent the Plan sought a determination of valuation pursuant to Bankruptcy Rule 3012, and

no objections were filed or any objections were resolved, the terms of the Plan will be binding upon

the affected secured creditors, and any allowed proof of claim will be secured only to the extent of

the value as provided for in the Plan and unsecured as to the balance of the claim.

9. Nonstandard provisions must be set forth in Paragraph VIII of the Plan being confirmed.

Nonstandard provisions set forth elsewhere in the Plan are void.

The clerk shall serve a copy of this order on all parties of record.

# # # 

Page 3 of 3

Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 12 of 20
Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 13 of 20
P.O. BOX 51850

LIVONIA MI 48151-5850

RETURN SERVICE REQUESTED

MICHAEL C GRUSBY

VICKI GRUSBY

8551 SUNRISE BLVD

SUITE 208

PLANTATION FL 33322

SEE REVERSE SIDE OR ATTACHED FOR AN IMPORTANT STATEMENT OF YOU

Principal Balance: $430,000.00

Property: 260 Southwest 75Th Terrace

Plantation, FL 33317

02/01/2021

Phone Number: 866-825-2174

Fax: 866-467-1187

Email: Lossmitigation@shellpointmtg.com Mon - Thurs: 8:00AM-6:00PM

Fri: 8:00AM-5:00PM

Dear Homeowners, Thank you for contacting us about your mortgage. Based on a careful review of the information you provided, you are approved to enter

into a Trial Period Plan for a mortgage modification. This is the first step toward qualifying for more affordable mortgage payments or

more manageable terms. It is important that you read this information in its entirety so that you completely understand the actions you

need to take to successfully complete the trial period to permanently modify your mortgage.

To Accept This Offer

You must make your first trial period payment by 03/01/2021. If you fail to make the first trial period payment by 03/01/2021 and we do

not receive the payment by the last day of the month in which it is due, this offer will be revoked. Make Trial Period Payments

To successfully complete the trial period, you must make the trial period payments below.

• First payment: $6,613.70 by 03/01/2021

• Second payment: $6,613.70 by 04/01/2021

• Third payment: $6,613.70 by 05/01/2021

TIME IS OF THE ESSENCE. Please send your trial period payments to:

Shellpoint Mortgage Servicing

P.O. Box 740039

Cincinnati, OH 45274-0039

After successfully completing the trial plan, you must continue making trial payments until your permanent modification is complete.

If you are a successor in interest, then in order to complete the Modification, we will need one of the following sets of documents – Death

Certificate and Executed Will or Court Order; Recorded Instrument proving Tenancy by the Entirety or Joint-Tenancy (so long as the

jurisdiction does not require a Probate Court to establish a successor); an Affidavit of Heirship and a Death Certificate (so long as the

jurisdiction does not require a Probate Court to establish a successor); a Property Agreement filed incident to a divorce proceeding (so

long as the jurisdiction does not require a Deed conveying the interest in the property); or Evidence of a Quit Claim Deed transferred

from living spouse or parent.

For future communications regarding the status of your loan or your application for loss mitigation, you may contact your SPOC (Single

Point of Contact) by phone at 888-442-2295. Alternatively, you may visit our Borrower Web Portal at www.shellpointmtg.com or email

your SPOC directly at nvasquez@shellpointmtg.com.

Sincerely,

Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 14 of 20
Loss Mitigation Department

Shellpoint Mortgage Servicing

Next Steps

• It is important that you thoroughly review the Frequently Asked Questions and Additional Trial Period Plan Information and Legal

Notices information attached.

• This Trial Period Plan offer is contingent on you having provided accurate and complete information. We reserve the right to revoke

this offer or terminate the plan following your acceptance if we learn of information that would make you ineligible for the Trial

Period Plan.

• Once you have successfully made each of the payments above by their due dates, you have submitted two signed copies of your

modification agreement, and we have signed the modification agreement, your mortgage will be permanently modified in accordance

with the terms of your modification agreement.

• We must receive each payment in the month in which it is due. If you miss a payment or do not fulfill any other terms of your

Trial Period Plan, this offer will end and your mortgage loan will not be modified.

• If you have questions about this information, your trial period payments, or our mortgage modification requirements, please contact

us at 866-825-2174.

• If you feel that you cannot afford the trial period payments shown above but want to remain in your home, or if you have decided to

leave your home, please contact us at 866-825-2174 to discuss alternatives to foreclosure.

• Please note that, except for your monthly mortgage payment amount during the trial period, the terms of your existing note and all

mortgage requirements remain in effect and unchanged during the trial period.

• The completion of a modification may involve debt forgiveness and have tax consequences. You are strongly encouraged to

consult with your legal and/or tax advisor(s) prior to accepting this offer.

FREQUENTLY ASKED QUESTIONS Get the answers you need to some of the most common questions.

Q. What else should I know about this offer?

• You will not be charged any fees for this Trial Period Plan or a permanent modification.

• If your loan is modified, we will waive all unpaid late charges.

• Credit Reporting: We will continue to report the delinquency status of your loan to credit reporting agencies as well as your entry

into a Trial Period Plan in accordance with the requirements of the Fair Credit Reporting Act and the Consumer Data Industry

Association requirements. CREDIT SCORING COMPANIES GENERALLY CONSIDER THE ENTRY INTO A PLAN

WITH REDUCED PAYMENTS AS AN INCREASED CREDIT RISK. AS A RESULT, ENTERING INTO A TRIAL

PERIOD PLAN MAY ADVERSELY AFFECT YOUR CREDIT SCORE, PARTICULARLY IF YOU ARE CURRENT ON

YOUR MORTGAGE OR OTHERWISE HAVE A GOOD CREDIT SCORE. For more information about your credit score, go

to http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre24.shtm. Q. Why is there a trial period?

The trial period offers you immediate payment relief and gives you time to make sure you can manage the lower monthly mortgage

payment. The trial period is temporary, and your existing loan and loan requirements remain in effect and unchanged during the

trial period. Q. When will I know if my loan can be modified permanently and how will the modified loan balance be determined?

Once you make all of your trial period payments on time and return to us two copies of the modification agreement with your

signature, we will sign one copy and send it back to you so that you will have a fully executed modification agreement detailing the

terms of the modified loan. Any difference between the amount of the trial period payments and your regular mortgage payments

will be added to the balance of your loan along with any other past due amounts as permitted by your loan documents. While this

will increase the total amount that you owe, it should not significantly change the amount of your modified mortgage payment. Q. Will my interest rate and principal and interest payment be fixed after my loan is permanently modified?

Once your loan is modified, your interest rate and monthly principal and interest payment will be fixed for the life of your mortgage. Your new monthly payment will include an escrow for property taxes, hazard insurance and other escrowed expenses. If the cost of

your homeowners insurance, property tax assessment or other escrowed expenses increases, your monthly payment will increase as

well.

Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 15 of 20
Additional Trial Period Plan Information and Legal Notices

• You agree that we will hold the trial period payments in an account until sufficient funds are in the account to pay your oldest

delinquent monthly payment. You also agree that the servicer will not pay you interest on the amounts held in the account. If any

money is left in this account at the end of the Trial Period Plan and you qualify for a loan modification, those funds will be deducted

from amounts that would otherwise be added to your modified principal balance.

• The servicer’s acceptance and posting of your payment during the trial period will not be deemed a waiver of the acceleration of your

loan and related activities, and shall not constitute a cure of your default under your loan unless such payments are sufficient to

completely cure your entire default under your loan.

If your monthly payment did not include escrows for taxes and insurance, you are now required to do so:

• You agree that any prior waiver that allowed you to pay directly for taxes and insurance is revoked. You agree to establish an escrow

account and to pay required escrows into that account. Your current loan documents remain in effect; however, you may make the trial period payment instead of the payment required

under your loan documents:

• You agree that all terms and provisions of your current mortgage note and mortgage security instrument remain in full force and

effect and you will comply with those terms; and that nothing in the Trial Period Plan shall be understood or construed to be a

satisfaction or release in whole or in part of the obligations contained in the loan documents. Modification Program Review

You were evaluated for mortgage payment assistance based on the eligibility requirements of BANK OF NEW YORK AS TRUSTEE

FOR CWALT 2006-OC8, the owner of your mortgage loan. Borrowers must meet their eligibility requirements to be eligible for a loan

modification Trial Period Plan. Based on our review of your financial circumstances, you are approved for a Standard Modification Trial Period Plan. You are conditionally approved for the programs listed below. Please call us at 866-825-2174 to discuss further documentation required

for these programs.

• Short Sale

• Deed in Lieu of Foreclosure

Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 16 of 20
P I000014 S-SFRECS20 L-2306 A-0578151707

The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or

part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right

under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is:

Federal Trade Commission, Equal Credit Opportunity, 600 Pennsylvania Avenue, NW, Washington, DC 20580. Under federal law, you have the right to obtain a free copy of your credit report from Transunion LLC, the consumer reporting agency

who provided us the credit report, within 60 days of this notice. You have a right to dispute any inaccurate information in your credit report. If you find mistakes on your credit report, contact the

consumer reporting agency. It is a good idea to check your credit report to make sure the information it contains is accurate. Your credit

score was obtained with your permission from TransUnion LLC on 10/28/2020. Below is their contact information:

Obtain Credit Report For Disputes

TransUnion LLC TransUnion LLC

P.O. Box 1000 P.O. Box 2000

Chester, PA 19016-1000 Chester, PA 19016-2000

Toll-Free: 800-888-4213 Toll-Free: 800-916-8800

Your credit score was 525 when it was obtained in part of your evaluation on 01/30/2021. How your score compares to the scores

of other consumers:

Very Bad Credit: credit scores below 600

Bad Credit: credit scores between 600 and 650

Fair Credit: credit scores between 650 and 700

Good Credit: credit scores between 700 and 750

Very Good Credit: credit scores between 750 and 800

Shellpoint Mortgage Servicing(“Shellpoint”) does not receive key factors that have affected your credit score. The below are key factors

that could have affected your credit score.

• The amount on your accounts is too high, delinquent, or you have too many accounts opened with balances. • There is either a lack of revolving account information or a low average age of revolving accounts. • Your FICO® Score considers how recently you opened a new credit account. Your FICO® Score takes into account missed and

late payments in a few ways. These include the number of late payments, how late they were and how recently they occurred. Most collections, public records and delinquencies stay on your report for no more than seven years – though bankruptcies may

remain for up to 10 years. • The presence of a derogatory public record or collection is a powerful predictor of future credit repayment behavior. • Each time you apply for credit a credit inquiry is added to your credit report. People who are actively seeking credit pose more

of a risk to lenders than those who are not. • Your FICO® Score was lowered due to the number of credit inquiries within the last 12 months. Under federal law, you have the right to obtain a free copy of your credit report from each of the nationwide consumer reporting agencies

once a year.

To order your free annual credit report—

By telephone: Call toll-free: 1-877-322-8228

On the web: Visit www.annualcreditreport.com

By mail: Mail your completed Annual Credit Report Request Form (which you can obtain from the Federal Trade Commission’s web site

at https://www.consumer.ftc.gov/articles/pdf-0093-annual-report-request-form.pdf) to:

Annual Credit Report Request Service

P.O. Box 105281

Atlanta, GA 30348-5281

Notice to the Loan Modification Applicant In connection with your application for a loan modification, the lender must disclose to you

the score that a consumer reporting agency distributed to users and the lender used in connection with your home loan, and the key

factors affecting your credit scores. The credit score is a computer generated summary calculated at the time of the request and based on

information that a consumer reporting agency or lender has on file. The scores are based on data about your credit history and payment

patterns. Credit scores are important because they are used to assist the lender in determining whether you will obtain a loan. They may

also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your

conduct, how your credit history and payment patterns change, and how credit scoring technologies change. Because the score is based on

information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure

it is accurate. Credit records may vary from one company to another. If you have questions about your credit score or the credit

information that is furnished to you, contact the consumer reporting agency at the address and telephone number provided with this

notice, or contact the lender, if the lender developed or generated the credit score. The consumer reporting agency plays no part in the

decision to take any action on the loan application and is unable to provide you with specific reasons for the decision on a loan

application. If you have questions concerning the terms of the loan modification, contact the lender.

Please read the following important notices as they may affect your rights. NewRez LLC dba Shellpoint Mortgage Servicing is a debt collector. This is an attempt to collect a debt and any information obtained will

be used for that purpose. NewRez LLC dba Shellpoint Mortgage Servicing’s NMLS ID is 3013.

If you are a customer in bankruptcy or a customer who has received a bankruptcy discharge of this debt: please be advised that this notice

is to advise you of the status of your mortgage loan. This notice constitutes neither a demand for payment nor a notice of personal liability

to any recipient hereof, who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be

subject to the automatic stay of Section 362 of the United States Bankruptcy Code. However, it may be a notice of possible enforcement of

the lien against the collateral property, which has not been discharged in your bankruptcy.

Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 17 of 20
Attention Servicemembers and Dependents: The federal Servicemembers Civil Relief Act and certain state laws provide important

protections for you, including interest rate protections and prohibiting foreclosure under most circumstances during and twelve months

after the servicemember’s military or other service. Counseling for covered servicemembers is available from Military OneSource

(800-342-9647) and the United States Armed Forces Legal Assistance or other similar agencies. For more information, please visit the

Military OneSource website www.militaryonesource.mil/. Notice of Error or Information Request Address: You have certain rights under Federal law related to resolving errors in the servicing

of your loan and requesting information about your loan. If you want to request information about your loan or if you believe an error has

occurred in the servicing of your loan and would like to submit an Error Resolution or Informational Request, please write to us at the

following address: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826

Shellpoint Mortgage Servicing utilizes third-party providers in connection with the servicing of your loan, but Shellpoint Mortgage

Servicing remains responsible for all actions taken by third-party providers. A successor in interest is someone who acquires an ownership interest in a property secured by a mortgage loan by transfer upon the death of a

relative, as a result of a divorce or legal separation, through certain trusts, between spouses, from a parent to a child, or when a borrower who

is a joint tenant or tenant by the entirety dies. If you are a successor in interest, or you think you might be, please contact by phone, mail or

email to start the confirmation process. Our system of record has your preferred language as English.

If you prefer to receive communication in a language other than English, please contact us at 866-825-2174 to speak with a translator

in your preferred language about the servicing of your loan or a document you received. Si prefiere recibir las comunicaciones en otro idioma que no sea el inglés, por favor, contáctenos en el 866-825-2174 para hablar con un

traductor en el idioma de su preferencia sobre la gestión de su préstamo o cualquier documento que haya recibido.

866-825-2174,

Please note that we operate as NewRez Mortgage LLC dba Shellpoint Mortgage Servicing in Arkansas and Texas.

Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 18 of 20
Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 19 of 20
The undersigned court-appointed Mortgage Modification Mediation Mediator, reports

to the court as follows:

A. The final Mortgage Modification Mediation Mediator (MMM) conference was conducted on

06-16-2021 and the following parties were present:

1. [ x ] The Debtor: Vicki Grusby

2. [ x ] The Debtor's Attorney: Christian Olson

3. [ x ] The Lender's Representative: Noe Vasquez

4. [ x ] The Lender's Attorney: Scott Stengel

B. The final MMM conference was scheduled for 06-16-2021 but not conducted for the

following reason:

1. [ ] The parties settled prior to attending

2. [ ] The case was dismissed

3. [ ] The debtor failed to attend

4. [ ] The debtor's attorney failed to attend

5. [ ] The lender failed to attend

6. [ ] The lender's attorney failed to attend

7. [ ] Other

C. The result of the MMM conference is as follows:

1. [ ] The parties reached an agreement

2. [ x ] The parties did not reach an agreement

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

In Re: Case #20-11033-SMG

Debtor: Vicki Grusby Chapter 13

FINAL REPORT OF LOSS MITIGATION MEDIATOR

Dated: 06.17.21 Signature of Mediator: //s// Christian McCue

Printed Name: Christian McCue

Address: 6245 N Federal Hwy # 418 Ft. Lauderdale ,

FL 33308

Copies To: Phone: (954) 267-9377

[All Parties to Mediation] Email: christian.mccue@mccuelaw.com

Case 20-11033-SMG Doc 55 Filed 10/29/21 Page 20 of 20