Page 1 of 6

MMM-LF-01 (rev. 01/01/15) 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

www.flsb.uscourts.gov

In re: CHRISTOPHER NIMETH Case No. 21-16573 LMI 

Chapter 13 

 

 Debtor (s) / 

Attorney-Represented Debtor’s Verified Ex Parte Motion for Referral to 

Mortgage Modification Mediation 

 The Debtor files this Verified Ex Parte Motion for Referral to Mortgage Modification 

Mediation (“Ex Parte Motion”) and requests the Court enter an Order Granting Debtor’s 

Ex Parte Motion for Referral to Mortgage Modification Mediation” (“Ex Parte Order”) 

referring Debtor and 772 Leveling UP LLC to Mortgage Modification Mediation (“MMM”) 

and states as follows: 

 1. Debtor is an individual who has filed for bankruptcy relief under, or 

converted to, chapter 13 on 07/01/2021. 

 2. Debtor requests MMM for real property (“Property”) located at the following 

street address: 8431 SW 27 Lane Miami, FL 33155; account number for this 

Property is 6709. 

 a. The Property is (check one box): 

 the Debtor’s primary residence 

 not the Debtor’s primary residence 

 b. Borrowers obligated on the promissory note and mortgage on the 

Property are (check one box): 

Case 21-16573-LMI Doc 22 Filed 08/12/21 Page 1 of 6
Page 2 of 6

MMM-LF-01 (rev. 01/01/15) 

 Debtor only 

 Debtor and non-filing co-obligor/co-borrower/third party 

Contact information for co-obligor/co-borrower/third party: 

 Name:_____________________________________ 

 Address:___________________________________ 

 ___________________________________ 

 Telephone:_________________________________ 

 email:_____________________________________ 

 Other: 

 Name: The Estate of Mary B. Nimeth 

 Address: 8431 SW 27 Lane 

 Miami, FL 33155 

 Telephone:_________________________________ 

 email:_____________________________________ 

 c. If applicable, Debtor’s attorney has simultaneously filed with this 

Motion the MMM Local Form “Third Party’s Consent to Attend and 

Participate in Mortgage Modification Mediation” signed by each coobligor/co-borrower/third party listed above. 

 3. Debtor intends to (check all boxes that apply): 

 modify the mortgage on the Debtor’s primary residence.

 modify the mortgage on Property that is not the Debtor’s primary 

residence. 

 surrender the Property to the Lender. 

 4. Prior to filing this motion, Debtor remitted to Debtor’s attorney the required 

non-refundable portal submission fee in the amount of $40.00 and the 

786-514-3077 chris@minibear.com

Case 21-16573-LMI Doc 22 Filed 08/12/21 Page 2 of 6
Page 3 of 6

MMM-LF-01 (rev. 01/01/15) 

required non-refundable Document Preparation Software fee in the 

amount of $40.00 for a total fee of $80.00. 

5. Prior to filing this motion, Debtor’s attorney completed Debtor’s information 

using the court-approved on-line program that facilitates the preparation of 

the Debtor’s loan modification package (“Document Preparation 

Software”) and has paid the $40.00 Document Preparation Software fee to 

the approved vendor. Debtor’s initial loan modification forms have been 

generated and are ready for signature and submission. Debtor’s attorney 

has also collected all of the required supporting documentation as 

required by the Document Preparation Software (such documentation and 

forms referred collectively to as “Debtor’s Prepared Package”) and is 

prepared to submit the supporting documentation along with the 

modification forms. 

 6. Prior to filing this motion, Debtor’s attorney has determined that: 

 Lender is registered with the approved Mortgage Modification 

Mediation Portal (“MMM Portal”); 

 Lender is not registered. Debtor requests the Court require Lender to 

register with the MMM Portal within seven days after entry of the 

Order. 

 7. Debtor requests Lender consider (check as many boxes as applicable): 

 a HAMP or government sponsored loan modification 

 a conventional loan modification 

 a deed in lieu of foreclosure 

Case 21-16573-LMI Doc 22 Filed 08/12/21 Page 3 of 6
Page 4 of 6

MMM-LF-01 (rev. 01/01/15) 

 a state court consent in rem final judgment of foreclosure

 surrender options 

 other: Any other loss mitigation program to offer. 

8. IF DEBTOR IS REQUESTING NON-RETENTION (SURRENDER) 

OPTIONS: 

a. Debtor will submit all additional documents required for surrender as 

provided for on the MMM Portal. 

b. Debtor represents that the property has been listed for sale. 

 9. Prior to filing this motion, Debtor remitted the required mediator’s fee in the 

amount of $300.00 to Debtor’s attorney, unless the Debtor is seeking pro 

bono mediation under paragraph 11. Debtor understands and 

acknowledges that after the mediator is designated, the mediator’s fee is 

not refundable for any reason at any time. 

 10. Within seven days after filing the MMM Local Form “Debtor’s Notice of 

Selection of Mortgage Modification Mediator (or “Notice of Clerk’s 

Designation of Mortgage Modification Mediator”) or the Lender’s 

registration on the MMM Portal, whichever occurs later, Debtor’s attorney 

shall upload and submit through the MMM Portal, Debtor’s Prepared 

Package, together with any additional forms or documents which Lender 

may post on the MMM Portal, and pay a non-refundable MMM Portal 

submission fee in the amount of $40.00. In addition, the Debtor’s attorney 

will upload the Order to the MMM Portal as part of the submission of 

Debtor’s documentation. 

 11. Debtor’s attorney: 

Case 21-16573-LMI Doc 22 Filed 08/12/21 Page 4 of 6
Page 5 of 6

MMM-LF-01 (rev. 01/01/15) 

 will forward the mediator’s fee directly to the mediator within seven 

days after designation of the mediator; OR

 represents that the Debtor requests he/she be considered as a 

candidate for pro bono mediation because the Debtor’s undersigned 

attorney is representing the Debtor pro bono, or Debtor’s income is 

less than 150% above the poverty level (see attached calculation). 

 12. Debtor consents to Lender communicating directly with Debtor’s attorney 

for any and all aspects of the mortgage modification mediation program. 

WHEREFORE, Debtor requests that the Ex Parte Motion be granted and for such 

other and further relief as this Court deems proper. 

 

Case 21-16573-LMI Doc 22 Filed 08/12/21 Page 5 of 6
Page 6 of 6

MMM-LF-01 (rev. 01/01/15) 

DEBTOR’S VERIFICATION 

Pursuant to 28 U.S.C. §1746, I declare under penalty of perjury the foregoing is true and 

correct on August 6, 2021. 

________________________________ 

Debtor 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the Debtor’s Ex Parte Motion for 

Referral to Mortgage Modification Mediation was served by U.S, first class Mail, upon the 

parties listed below on August 6, 2021. 

 /s/ _________________________________

Jose P. Funcia, Esq 

Address:9555 North Kendall Dr Suite 211 

Miami, FL 33176 

Telephone:305-274-2922 

Fax:305-722-3656 

Florida Bar No.:0698210 

email:millerandfunciapa@gmail.com 

Copies to: 

Diaz, Anselmo & Associates 4999 NW 70 Ave #309 Ft. Lauderdale, FL 33317 

Christopher Nimeth (Aug 6, 2021 17:34 EDT)

Case 21-16573-LMI Doc 22 Filed 08/12/21 Page 6 of 6