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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

In re:

Danett Estella Marante Case No. 19-25898-LMI

Chapter 13 

 Debtor /

ORDER GRANTING ATTORNEY-REPRESENTED DEBTOR’S VERIFIED “OUT OF 

TIME” MOTION FOR REFERRAL TO MORTGAGE MODIFICATION MEDIATION

The Debtor filed the Attorney-Represented Debtor’s Verified “Out of Time” Motion for 

Referral to Mortgage Modification Mediation (“Out of Time Motion”) (ECF 65) on November 16,

2020, and served it on the Lender, US Bank National Association / Shellpoint Mortgage in 

accordance with this Court’s Mortgage Modification Mediation Program Procedures:

The Court conducted a hearing on December 1, 2020. 

Laurel M. Isicoff

Chief United States Bankruptcy Judge

___________________________________________________________________________

ORDERED in the Southern District of Florida on December 2, 2020.

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It is ORDERED as follows:

1. The Motion is granted.

2. The Debtor and Lender are required to participate in Mortgage Modification 

Mediation (“MMM”) in good faith. MMM shall be concluded not later than 150 

days from the date of the Order, unless extended by written consent on the portal, 

by stipulation of the parties or by court order.

3. All communications and information exchanged during MMM are privileged and 

confidential as provided by Federal Rule of Evidence 408 and Chapter 44 of the 

Florida Statutes, and shall be inadmissible in any subsequent proceeding.

4. All written communication between the parties regarding the mediation must be 

sent through the approved Mortgage Modification Mediation Portal (“MMM 

Portal”) only, unless otherwise ordered by the Court. Any litigated matters 

incidental to the mediation shall be considered as separate matters and not subject 

to the portal communication requirement.

5. The Lender (and Lender’s counsel, if any) shall register with the MMM Portal, 

unless already registered, within seven days after entry of this Order, and designate 

its single point of contact and outside legal counsel, if any. If the Lender fails to 

register, the Debtor may file a motion with the Court seeking sanctions against the 

Lender for Lender’s failure to register. 

6. Lender’s counsel or representative shall have the authority (within the investor’s 

guidelines) to settle and will attend and continuously participate in all MMM 

conferences in this case.

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7. Debtor’s attorney shall, within seven days after the Debtor’s Notice of Selection of 

Mortgage Modification Mediator (or Notice of Clerk’s Designation of Mortgage 

Modification Mediator) is filed, or after confirming that the Lender is registered on 

the MMM Portal, whichever occurs later, remit to the MMM Portal the required 

non-refundable MMM Portal submission fee in the amount $25.00, and upload to 

the MMM Portal the following (collectively, the “Completed Package”): 

(a) Debtor’s loan modification package (prepared using the Document

Preparation Software);

(b) A copy of this Order; and 

(c) Any additional lender-specific information identified by Lender on the 

MMM Portal. 

8. The Lender shall, within seven days after Debtor’s delivery of the “Completed 

Package”, acknowledge receipt of Debtor’s information and advise Debtor of any 

additional or missing information required for Lender to proceed with its review.

9. In the event the Lender requires additional or missing information to consider the 

Debtor’s requested mortgage modification options as specified in the Motion, the 

Lender shall so notify Debtor through the MMM Portal within seven days of 

Debtor’s submission (“Notice”). The Debtor shall provide all additional documents 

through the MMM Portal within seven days of the Notice.

10. The Lender shall timely underwrite the loan modification request.

11. If the Lender transfers the loan, the Lender must provide a copy of the Order to the 

new holder of the loan (“Successor Lender”), and the Successor Lender will be 

obligated to comply with all terms of this Order.

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12. PROCESS FOR SELECTION OF MEDIATOR:

(a) The parties shall have 14 days from the date of this Order to select a 

mediator. If the parties agree on the selection of a mediator, the Debtor

shall file the MMM Local Form “Debtor’s Notice of Selection of Mortgage 

Modification Mediator” (Check Box 1 and insert mediator name and contact 

information), serve a copy of the notice on all required parties, and file a

Certificate of Service pursuant to Local Rule 2002-1(F).

(b) If the Lender fails to communicate with the Debtor within the 14 day period 

established for the mediator selection process, the Debtor shall, within 

seven days, independently select a mediator and file the MMM Local Form 

“Debtor’s Notice of Selection of Mortgage Modification Mediator” (Check 

Box 2 and insert mediator name and contact information), serve a copy of 

the notice on all required parties, and file a Certificate of Service pursuant 

to Local Rule 2002-1(F). In this instance, it shall be deemed that the Lender 

has waived the right to challenge Debtor’s selection of a mediator.

(c) If the parties attempt to reach agreement on the selection of a mediator, but 

fail to do so, the Debtor shall file the MMM Local Form “Debtor’s Notice 

of Selection of Mortgage Modification Mediator” (Check Box 3 indicate an 

impasse), serve a copy of the notice on all required parties, and file a 

Certificate of Service pursuant to Local Rule 2002-1(F). The clerk shall then 

randomly select a mediator from the clerk’s Mediation Register pursuant to

Local Rule 9019-2(B)(3), without the necessity of a hearing. The clerk shall 

serve notice of the mediator selection on the required parties using the 

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MMM Local Form “Notice of Clerk’s Designation of Mortgage 

Modification Mediator”. Local Rule 9019-2(B) shall apply to any challenge 

to the Clerk’s Designation of Mediator.

13. Debtor’s attorney shall assign the mediator as the mediator in this case on the 

MMM Portal within seven days after designation. 

14. The mediator shall:

(a) be governed by the standards of professional conduct set forth in the Florida 

rules for certified and court-appointed mediators and shall have judicial 

immunity in the same manner and to the same extent as a judge;

(b) subject to paragraph 15 below, be compensated in the amount of $600.00 

for preparation for MMM, execution of required documents, facilitation of 

document and information exchange between the parties, and participation 

in no more than two one-hour MMM conferences; and 

(c) be compensated at the rate set by this Court’s Local Rule 9019-2(6) for any 

MMM conferences that extend beyond the initial two one-hour conferences. 

15. The mediator’s fee shall be paid equally by the parties as follows: 

(a) The Debtor shall pay a non-refundable fee in the amount of $300.00 

directly to the mediator within seven days designation of the mediator.

The Court finds that the Debtor qualifies for a mediator pro bono. The 

mediator shall notify the Court and the Debtor immediately by motion 

if the mediator is not willing to serve pro bono and state in the motion 

to be excused from pro bono mediation, the reasons why the mediator 

seeks to be excused.

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(b) The Lender shall pay a non-refundable fee in the amount of $300.00 directly 

to the mediator within seven days after designation of the mediator.

(c) The mediator’s fee for MMM conferences that extend beyond two, onehour conferences, shall be paid equally by the parties (unless the Debtor is 

receiving pro bono mediation, in which case the Lender shall pay its half) 

and is due and payable at the beginning of each successive MMM

conference in accordance with the program procedures. 

16. The mediator shall log in to the MMM Portal within seven days after designation

and use the MMM Portal to facilitate any additional exchange of information or 

documentation between Debtor and Lender in an effort to perfect the documents 

needed for Lender to complete its analysis of Debtor’s mortgage modification 

options. 

17. If the mediator either fails to timely register or log in to the MMM Portal to begin 

to facilitate the MMM process, any party to the mediation may file a motion 

requesting that the mediator be removed from this case and, if applicable, be 

removed from the Clerk’s Mediation Register.

18. MEDIATION CONFERENCE: 

(a) The mediator shall schedule the initial MMM conference no later than seven

days after determining that the Lender has received and reviewed all 

requested information. In the event the mediator cannot determine that the 

Lender has received all the requested information, the mediator shall 

schedule the initial MMM conference within 90 days of this Order. The 

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initial MMM conference shall not exceed one hour. The mediator shall 

report the scheduling of all MMM conferences on the MMM Portal.

(b) The Lender and Lender’s representative may participate in the MMM

conference by telephone. 

(c) The Debtor and any co-obligors/co-borrowers or other third party may 

participate in the MMM conference by telephone provided they are 

physically present with Debtor’s attorney and present identification to 

Debtor’s attorney counsel during all MMM conferences. 

(d) Debtor shall provide a foreign language interpreter, if necessary, at the 

Debtor’s own expense. 

(e) All parties attending the MMM conference must be ready, willing and able 

to sign a binding settlement agreement at the MMM conference and have 

the ability to scan, send and receive documents by facsimile, email or other 

electronic means at the time of the MMM conference.

19. In the event the parties are unable to reach an agreement and require an additional 

MMM conference, the mediator shall schedule a final MMM conference no later 

than 30 days thereafter. The final MMM conference shall not exceed one hour.

20. In the event the parties reach a final resolution or, if no agreement has been reached, 

the mediator shall report the results of the MMM on the MMM Portal not later than 

seven days after the conclusion of the final MMM conference. The mediator shall 

also complete and file with the Court, either conventionally or via CM/ECF, the 

MMM Local Form “Final Report of Mortgage Modification Mediator”, within two 

business days following entry of the final report data on the MMM Portal. 

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21. If applicable, Debtor’s attorney shall file the MMM Local Form “Ex Parte Motion 

to Approve Mortgage Modification Mediation Agreement with Lender”, no later 

than 14 days following the filing of the Final Report and upload the MMM Local 

Form “Order Granting Motion to Approve Mortgage Modification Mediation 

Agreement with Lender” to the Court’s E-Orders program. The parties shall also 

seek any necessary Court approval and formalize any required legal documents in 

a timely fashion thereafter.

22. The automatic stay is modified to the extent necessary to facilitate MMM pursuant 

to this Order. 

23. Any of the deadlines imposed by this Order may be extended by order of the Court.

24. If any parties or counsel fail to comply with the terms of this Order, the Court will 

consider a motion to vacate the Order and may also impose sanctions. 

25. The Debtor’s attorney shall serve a copy of this Order on all parties to the 

mediation, immediately upon receipt. Service shall be by regular U.S. Mail, 

electronic service, or email, if the party’s email address is known.

###

ORDER SUBMITTED BY:

James Alan Poe, P.A.

9500 South Dadeland Blvd., Suite 701

Miami, Florida 33156

Phone: (305) 670-3950 Fax: (305) 670-3951

Email: jpoe@jamesalanpoepa.com

COPIES FURNISHED TO:

Lender: US Bank National Association / Shellpoint Mortgage

Nancy K. Neidich, e2c8f01@ch13miami.com, ecf2@ch13miami.com 

Office of the US Trustee, USTPRegion21.MM.ECF@usdoj.gov

Attorney James A. Poe is directed to serve a copy of this order immediately upon receipt to all parties in 

interest and to file a certificate of mailing with the court.

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