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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

IN RE:

Polly Ann Spates-Towns,

aka Polly Ann Towns

Debtor.

_________________________________/

CASE NO.: 20-10554-EPK

CHAPTER 13

RESPONSE TO DEBTOR’S OBJECTION TO NOTICE OF POST PETITION

MORTGAGE FEES [FILED APRIL 3, 2020]

COMES NOW, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASSET

BACKED FUNDING CORPORATION ASSET BACKED CERTIFICATES, SERIES 2006

HE1 (“Secured Creditor”), by and through its undersigned attorney, hereby files its Response to

Debtor’s Objection to Notice of Post Petition Mortgage Fees [Filed April 3, 2020] (“Objection”)

(DE #31), and in support thereof states as follows. 

1. Debtor, Polly Ann Spates-Towns (“Debtor”), filed a voluntary petition pursuant to

Chapter 13 of the Bankruptcy Code on January 16, 2020.

2. Secured Creditor holds an interest in Debtor’s real property located at 430 E Ilex Dr,

West Palm Beach, FL 33403. 

3. Secured Creditor filed its Proof of Claim, on February 18, 2020, as Claim Number

7-1 and subsequently filed its Postpetition Mortgage Fees, Expenses, and Charges on

April 3, 2020.

4. Pursuant to Federal Rule of Bankruptcy Procedure 3001(f), a proof of claim (and, by

extension, supplemental proof of claim) executed and filed in accordance with the

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Bankruptcy Rules “shall constitute prima facie evidence of the validity and amount of

the claim.”

5. On April 6, 2020, Debtor filed an Objection, asserting allegations opposing Secured

Creditor’s claim. 

6. Debtors will not be prejudiced by allowing the Notice of Postpetition Mortgage Fees,

Expenses, and Charges to stand as timely filed. All amounts stated are reasonable and

permitted by the loan documents. The $250.00 for the Plan Review and $550.00 for

Plan Objection is more than reasonable. Additionally, this is an acceptable amount

for a Plan Review pursuant to the customs and practices in Florida. Due to new rules

and time restraints of filing a Proof of Claim timely along with amount of time and

detail, the $700.00 and $250.00 preparation of the 410A pay history is reasonable and

acceptable because counsel is required to review payment histories, assemble payment

information, and totals under numerous categories from date of default. 

7. Secured Creditor Notice of Postpetition Mortgage Fees, Expenses, and Charges is

neither incorrect nor improper as filed.

8. Secured Creditor reserves the right to supplement its Response to Debtor’s Objection

at any time before or at the hearing. 

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WHEREFORE, Secured Creditor respectfully requests that this Honorable Court allows

Secured Creditor’s Notice of Postpetition Mortgage Fees, Expenses, and Charges as filed so as to

preserve Creditor’s Claim, and for such other and further relief as the Court may deem just and

proper. 

ROBERTSON, ANSCHUTZ & SCHNEID, P.L.

Attorney for Secured Creditor

6409 Congress Ave., Suite 100

Boca Raton, FL 33487

Telephone: 561-241-6901

Facsimile: 561-241-1969

By: /s/ Ashley French

Ashley French, Esquire

Email: afrench@rasflaw.com

Florida Bar No. 107296

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on April 21, 2020, I caused to be electronically filed the

foregoing with the Clerk of Court by using the CM/ECF system, and a true and correct copy has

been served via CM/ECF or United States Mail to the following parties:

Polly Ann Spates-Towns

430 East Ilex Dr.

Lake Park, FL 33403

Michael H. Johnson

3601 W. Commercial Blvd. #31

Ft. Lauderdale, FL 33309

Robin R Weiner

www.ch13weiner.com

POB 559007

Fort Lauderdale, FL 33355

U.S. Trustee

Office of the US Trustee

51 S.W. 1st Ave.

Suite 1204

Miami, FL 33130

ROBERTSON, ANSCHUTZ & SCHNEID, P.L.

Attorney for Secured Creditor

6409 Congress Ave., Suite 100

Boca Raton, FL 33487

Telephone: 561-241-6901

Facsimile: 561-241-1969

By: /s/ Ashley French

Ashley French, Esquire

Email: afrench@rasflaw.com

Florida Bar No. 107296

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