IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE SOUTEHRN DISTRICT OF FLORIDA 

MIAMI DIVISION 

In re: CASE NO. 21-11868-RAM 

 CHAPTER 13 

ANA MARIA JOHNSON, 

 

 Debtor. 

/ 

OBJECTION TO MOTION FOR REFERRAL TO MORTGAGE MODIFICATION 

MEDIATION 

 HMC ASSETS, LLC SOLELY IN ITS CAPACITY AS SEPARATE TRUSTEE OF 

COMMUNITY DEVELOPMENT FUND I TRUST (“Secured Creditor”), by and through its 

undersigned attorney, hereby objects to the Attorney-Represented Debtor’s Verified Motion for 

Referral to Mortgage Modification Mediation (“Motion”)(DE 38), and in support thereof states 

as follows: 

1. The Debtor filed a Chapter 13 Bankruptcy Petition on February 26, 2021. 

2. Secured Creditor maintains a security interest in Debtor's real property located at 7212 

SW 149th Court, Miami, FL 33193 (the “Property”), secured by a Note and Mortgage 

(the “Loan”) executed by the Debtor, as evidenced by Proof of Claim #3. 

3. On May 27, 2021, the Debtor file the Motion regarding the Property. 

4. Pursuant to the Court’s ruling at the hearing held on May 11, 2021, the Debtor was 

directed not to file the Motion on an ex parte basis, but instead request a hearing be 

scheduled on the motion. 

5. The Court has scheduled a hearing on the Motion for 6-15-21. 

6. Secured Creditor objects to the Motion and believes that the Debtor is attempting to use 

Case 21-11868-RAM Doc 40 Filed 05/28/21 Page 1 of 3
the court’s mediation program in an attempt to delay the pending State Court foreclosure 

action. 

7. Prior to the filing of this pending Bankruptcy Action, the Debtor agreed entry of a Final 

Judgment of Mortgage Foreclosure in the State Court foreclosure action and executed a 

stipulated agreement. Among other things, the Debtor agreed to take no action to hinder 

or delay the completion of the foreclosure action, including the filing of Bankruptcy. A 

copy of the Stipulation for the Entry of Consent In Rem Final Judgment of Mortgage 

Foreclosure is attached hereto as Exhibit A. During the course of negotiating the terms of 

the stipulated agreement, the Debtor did not at all request to be reviewed for loan 

modification. 

8. Secured Creditor previously reviewed the Debtor for modification, prior to the entering 

into he stipulation agreement, however, the Debtor did not qualify for modification of the 

Note and Mortgage at that time. A copy of the issued Denial Letter is attached hereto as 

Exhibit B. 

WHEREFORE, Secured Creditor, HMC ASSETS, LLC SOLELY IN ITS CAPACITY 

AS SEPARATE TRUSTEE OF COMMUNITY DEVELOPMENT FUND I TRUST, respectfully 

requests that this Court enter an order denying the Attorney-Represented Debtor’s Verified 

Motion for Referral to Mortgage Modification Mediation, and such other relief as the Court 

deems just and proper. 

Case 21-11868-RAM Doc 40 Filed 05/28/21 Page 2 of 3
 Respectfully submitted, 

HOWARD LAW GROUP 

 

 /s/ Matthew Klein

 MATTHEW KLEIN 

 FLORIDA BAR#: 73529 

 4755 Technology Way, Suite 104 

Boca Raton, FL 33431 

 Telephone: (954) 893-7874 

 Fax: (888) 235-0017 

 Email: matthew@howardlawfl.com 

CERTIFICATE OF SERVICE 

 I HEREBY CERTIFY that on May 28, 2021, I electronically filed the foregoing with 

the Clerk of Court by using the CM/ECF System, which will send a notice of electronic filing to 

all CM/ECF participants: 

Christian J. Olson, Esq., 8551 Sunrise Blvd., Suite 208, Plantation, FL 33322 

Nancy K. Neidich, POB 279806, Miramar, FL 33027 

Office of the US Trustee, 51 S.W. 1st Ave., Suite 1204, Miami, FL 33130 

And a true and correct copy was mailed to: 

Ana Maria Johnson, 7212 SW 149th Ct, Miami, FL 33193 

/s/ Matthew Klein 

MATTHEW KLEIN 

FLORIDA BAR#: 73529 

Case 21-11868-RAM Doc 40 Filed 05/28/21 Page 3 of 3