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MMM-LF-03 (rev. 03/08/21) 

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

In Re: Case No. 22-10307-LMI

NACIRA CALDES Chapter 13

SSN: XXX-XX-1004

 Debtor / 

ANY INTERESTED PARTY WHO FAILS TO FILE AND 

SERVE A WRITTEN RESPONSE TO THIS MOTION WITHIN 

14 DAYS AFTER SERVICE OF THIS MOTION SHALL, 

PURSUANT TO ADMINISTRATIVE ORDER 2014-03, BE 

DEEMED TO HAVE CONSENTED TO THE ENTRY OF AN 

ORDER IN THE FORM ATTACHED TO THIS MOTION. 

ATTORNEY-REPRESENTED DEBTOR’S VERIFIED “OUT OF TIME” MOTION FOR 

REFERRAL TO MORTGAGE MODIFICATION MEDIATION

The Debtor files this Verified “Out of Time” Motion for Referral to Mortgage 

Modification Mediation (“Out of Time Motion”) and requests the Court enter an Order

Granting Debtor’s Verified “Out of Time” Motion for Referral to Mortgage Modification 

Mediation (“Order Granting Out of Time Motion”) referring Debtor and The Bank of New 

York Mellon, as indenture trustee for the Encore Credit Receivables Trust 2005-2, 

Asset-Backed Notes, Series 2005-2, C/O Select Portfolio Servicing, Inc., (“Lender”) 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 January 14, 2022. In support of Debtor’s 

request to participate in MMM “Out of Time”, Debtor states that: she is a live 

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in nanny and it took her longer than expected to obtain the documentation 

necessary for the modification package.

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

following street address: 1470 NE 118th Street, Miami, FL 33161; account 

number for this property is 6678 (last four digits). 

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):

 Debtor only

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

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

 Name: Carlos Caldes 

 Address: 1470 NE 118th Street 

 Miami, FL 33161 

 Telephone:_________________________________ 

 email:_____________________________________

 Other: 

 Name:_____________________________________

 Address:___________________________________

 ___________________________________ 

 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 

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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 $60.00 and the 

required non-refundable Document Preparation Software fee in the 

amount of $60.00 for a total fee of $120.00. 

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

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 $60.00 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: 

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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 

 A state court consent in rem final judgment of foreclosure

Surrender options 

Other: Any and other loan modification, loss mitigation programs that 

will allow the debtor to save her home.

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

OPTIONS: 

a. Debtor will submit all additional documents required for surrenderas 

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.

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

Selection of Mortgage Modification Mediator” (or “Notice ofClerk’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 $60.00. 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: 

 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 mitigation mediation program.

 13. [For chapter 7 debtors] Debtor understands and consents to this Court’s 

MMM procedures which require that, if the Debtor becomes otherwise 

eligible for entry of a discharge before the MMM process is completed, the 

Court shall delay issuance of the discharge until either an agreement is 

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reached or the parties reach impasse as reflected in the Local Form "Final 

Report of Mortgage Modification Mediator". 

WHEREFORE, Debtor requests that the “Out of Time Motion” be granted and for 

such other and further relief as this Court deems proper. 

DEBTOR’S VERIFICATION

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

and correct on April 28, 2022

/s/ Nacira Caldes 

Debtor

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the Debtor’s Verified Out of Time 

Motion for Referral to Mortgage Modification Mediation was served by U.S, first class 

Mail, upon the parties listed below on April 28, 2022.

 /s/Gabriel Gonzalez 

Gabriel Gonzalez, Esq. 

FBN: 41088

Attorney for Debtor

9000 Sheridan St. #95 

Hollywood, FL 33024

Tel: (954)378-8184

Fax: (305)873-8679

gabriel@gtlawyers.com

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Copies to: 

Lender: The Bank of New York Mellon, as indenture trustee for the Encore Credit 

Receivables Trust 2005-2, Asset-Backed Notes, Series 2005-2, C/O Select Portfolio 

Servicing, Inc, P.O. Box 65250, Salt Lake City, UT 84165-0250;

Lender’s counsel: Lindsey Savastano, Esq., Frenkel Lambert Weiss Weisman &

Gordon, LLP, One East Broward Blvd., Suite 1111, Ft. Lauderdale, FL 33301;

Any co borrower, or additional party: Carlos Caldes, 1470 NE 118th Street, Miami, FL 

33161.

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