UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re:

GUILLERMO J. SANTOS aka Guillermo Santos aka 

Guillermo J Santos-Nunez aka Guillermo Javier Santos aka 

Guillermo Javier Santos Nunez aka Guillermo Santos Nunez 

aka Guillermo Javier Santos-Nunez aka Guillermo 

Santos-Nunez,

Debtor 

___________________________________/

CASE NO: 21-16215-LMI

CHAPTER 13

WELLS FARGO BANK, N.A.'S PRELIMINARY RESPONSE TO DEBTOR’S

OBJECTION TO PROOF OF CLAIM

Wells Fargo Bank, N.A. ("Secured Creditor"), by and through its undersigned counsel,

files this Preliminary Response to Debtor’s Objection to Claim, and in support thereof states as

follows:

1. The Debtor filed a voluntary petition pursuant to Chapter 13 of the Bankruptcy

Code on June 25, 2021.

2. Secured Creditor holds a security interest in the Debtor's real property located at

3471NW173 Terr, Miami Gardens, FL 33056 (the “Property”), by virtue of a Mortgage which is

recorded in Official Records Book 29663, at Page 1067-1077, of the Public Records of

Miami-Dade County, Florida (the “Mortgage”). The Mortgage secures a Note in the amount of

$175,655.00 (the “Note”).

3. The Mortgage gives Secured Creditor a first lien on the Property.

4. Secured Creditor filed Claim No. 9 in this case on July 16, 2021.

5. The Debtor filed an objection to said Claim (Doc 27).

6. Secured Creditor has no objection to allowing the claim and receiving no

Case 21-16215-LMI Doc 30 Filed 09/24/21 Page 1 of 3
distribution under the Plan ; however, Secured Creditor requests that arrangements be made for

the repayment of the arrearage in the amount of $3,404.94.

7. The Debtor does not dispute the fact that the Proof of Claim is timely filed before

the claim bar date. As such, Secured Creditor submits the filing of said claim “shall constitute

prima facie evidence of the validity and amount of the claim.” Fed. R. Bankr. P. 3001 (f).

8. Secured Creditor is reviewing its records with regard to the substance of the

objection and in the interim maintains that its Claim is correct as filed and requests a hearing on

the objection.

9. Secured Creditor reserves the right to supplement this response at or prior to the

hearing.

10. Secured Creditor seeks its attorneys' fees and costs incurred in responding to

Debtor's Objection and attending a hearing thereon.

BROCK & SCOTT, PLLC

Attorney for Secured Creditor

2001 Northwest 64th Street, Suite 130

Fort Lauderdale, FL 33309

Phone: 813-342-2200

Fax: 954-618-6954

Floridabklegal@Brockandscott.com

/s/ Teresa Hair

______________________________________

TERESA HAIR, ESQUIRE

Florida Bar No. 0044079

Case 21-16215-LMI Doc 30 Filed 09/24/21 Page 2 of 3
I HEREBY CERTIFY that a true copy hereof has been served electronically or via U.S.

mail, first-class postage prepaid, to: GUILLERMO J. SANTOS, 3471 NW 173RD TER, MIAMI

GARDENS, FL 33056-4144; Robert Sanchez, 355 W 49 St., Hialeah, FL 33012; Nancy K

Neidich, POB 279806, Miramar, FL 33027; Office of the US Trustee , 51 S.W. 1st Ave., Suite

1204, Miami, FL 33130, this 24th day of September, 2021.

BROCK & SCOTT, PLLC

Attorney for Secured Creditor

2001 Northwest 64th Street, Suite 130

Fort Lauderdale, FL 33309

Phone: 813-342-2200

Fax: 954-618-6954

Floridabklegal@Brockandscott.com

/s/ Teresa Hair

______________________________________

TERESA HAIR, ESQUIRE

Florida Bar No. 0044079

Case 21-16215-LMI Doc 30 Filed 09/24/21 Page 3 of 3