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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

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). §

OBJECTION OF NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING 

TO THE CONFIRMATION OF THE DEBTORS’ CHAPTER 13 PLAN

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”) hereby objects to the confirmation of the Debtor’s Chapter 13 Plan for the 

following reasons:

1. Shellpoint is a secured creditor of the debtors, 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 January 27, 2020, the date that the instant bankruptcy was filed, the 

arrearage amount was approximately $441,272.07, which will be more particularly set forth in a 

Proof of Claim that will be filed prior to the claim deadline. 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. 

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4. Debtor’s amended plan provides that a motion for participation in the MMM 

program has been filed when no such motion appears on the Docket. 

5. Debtor’s plan provides for adequate protection payments to be made to the 

secured creditor in the amount of $897.95 that are woefully insufficient to provide the objecting 

creditor with adequate protection. In fact, said proposed payment is barely enough to cover the 

monthly escrow deposit necessary to pay the taxes and insurance relative to the subject property. 

6. The Debtor’s plan as proposed appears to contemplate that there will be no cure 

for the pre-petition arrears of Shellpoint unless or until a Loan Modification is achieved. The 

requirements of 11 U.S.C § 1322(d) do not allow for payment over a period longer than 5 years. 

Moreover, the debtor(s) are obligated to cure the arrears due to the objecting creditor within a 

reasonable time pursuant to 11 U.S.C § 1322(b)(5). Accordingly, in the event that the ongoing 

loss mitigation efforts are not successful, the plan fails to satisfy the confirmation requirements 

of 11 U.S.C § 1325(a)(1). The Debtor is unable to otherwise propose a feasible Plan. 

7. The Debtor should not be permitted to further delay Shellpoint from proceeding 

with its rights and remedies, especially in light of the fact that the Debtor is more than nine (9) 

years in default, and the arrears owed to Shellpoint as of the Petition Date total nearly 

$441,272.07. 

8. As a result of the foregoing, the Debtor’s Amended Chapter 13 Plan is not 

confirmable as the Plan fails to provide for the full claim of Shellpoint, the proposed loan 

modification is entirely speculative at best, and a Chapter 13 Plan is not otherwise feasible. As 

such, Shellpoint objects to the confirmation of the Debtor’s Chapter 13 Plan.

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For the foregoing reasons, Shellpoint respectfully suggests that the Debtor cannot 

confirm her Chapter 13 Plan as proposed, and that the case should be converted or dismissed.

April 2, 2020 PINCUS LAW GROUP, PLLC

 By: /s/ Scott Stengel, Esq.

Scott R. Stengel, Esq.

Florida Bar No.: 79086

Primary e-mail: sstengel@pincuslaw.com

Secondary e-mail: FLPleadings@pincuslaw.com

425 RXR Plaza

Uniondale, New York 11556

Telephone: 516-699-8902

 Facsimile: 519-699-8902

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on April 2, 2020, I certify that the foregoing document is being 

served this day, either via transmission of Notice of Electronic Filing generated by CM/ECF or by 

first class U.S. Mail, upon: 

Vicki Lee Grusby

260 SW 75 Terrace

Plantation, FL 33317

Debtor(s)

Mitchell J. Nowack, Esq.

8551 Sunrise Blvd #208

Plantation, FL 33322

Counsel to the Debtor(s)

Robin R. Weiner

POB 559007

Fort Lauderdale, FL 33355

Chapter 13 Trustee

Office of the United States Trustee 

51 SW First Avenue

Suite 1204 /s/ Scott Stengel, Esq.

Miami, FL 33313 Scott R. Stengel, Esq.

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