INRE: 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

SAMUEL F. WORRELL 

Debtor 

Case No.:21-20622-PDR 

Chapter 13 

DEBTOR'S RENEWED OBJECTIONS, 

AND MOTION TO STRIKE FILINGS BY INTERLOPER NO NP ARTY 

NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, 

and HSBC Bank, USA, N.A., ("NEWREZ LLC"); 

AND DEBTOR'S OBJECTIONS TO MODIFICATION OF THE§ 362 STAY 

NOW COMES, SAMUEL F. WORRELL, Debtor in the above captioned bankruptcy case and 

Plaintiff in the associated Adversary Proceedings (Case No.: 21-01382) commenced against 

DITECH FINANCIAL SERVICING LLC and its local foreclosure attorneys, namely 

ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC, and hereby 

renews his previously stated objections and request to strike knowingly deceptive, unauthorized, 

bad faith filings by Newrez LLC, an interloper nonparty in these proceedings, and in support 

thereof Debtor states: 

1. On Friday 11 /05/21, the Debtor filed his Chapter 13 bankruptcy petition with this Court, 

Case No.: 21-20622-PDR, thereby halting DEFENDANTS DITECH FINANCIAL 

LLC and its local foreclosure attorneys ROBERTSON, ANSCHUTZ, SCHNEID, 

CRANE & PARTNERS, PLLC (hereafter DEFENDANTS-DITECH, et al) from 

knowingly wrongfully selling the Debtor's home as planned on Monday, 11/08/21. 

2. On Thursday 11 /18/21, ten days after the planned civil theft (intentionally and cleverly 

disguised as a legitimate foreclosure sale), Debtor opened Adversary Proceedings (AP) 

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Case 21-20622-PDR Doc 35 Filed 02/04/22 Page 1 of 10
Case No.: 21-01382 against the DEFENDANTS DITECH, et al, (DE# 15), that states: 

"Complaint by Samuel Worrell against Ditech Financial Servicing LLC, et al.". 

3. On Thursday 11/18/21, the Clerk pursuant to DE# 16, served upon the named defendants 

(Ditech Financial Servicing LLC and its local foreclosure attorneys), with Summons 

saying in toto: "Summons and Notice of Status Conference in an Adversary 

Proceeding. Summons Issued on Ditech Financial Servicing LLC, et al. Answer Due 

by 12/20/2021 ... ". 

4. The named defendants (Ditech Financial Servicing LLC, et al) each failed to answer the 

Summons. 

5. Instead, a previously unknown entirely irrelevant new stranger entity called "Newrez 

LLC" suddenly appeared. 

6. Although Newrez LLC has NOT previously, nor timely, communicated with the Debtor 

in connection with any alleged claims it believes it has, or intends to assert, against the 

Debtor. 

7. Notwithstanding, that ordinarily to avoid ambush, it is fundamental, foundational, and 

axiomatic under normal rules governing civil disputes, that to possess a viable justiciable 

cause, and not to prematurely deprive the civil courts of jurisdiction, a legitimate creditor 

MUST first satisfy all applicable mandatory "Conditions Precedent". 

8. Accordingly, the audacious interloper nonparty Newrez LLC obviously must first 

provide to the Debtor sufficient legally notice (for due process with enough opportunity 

to perform) BEFORE pursuing any alleged claims against the Debtor. 

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Case 21-20622-PDR Doc 35 Filed 02/04/22 Page 2 of 10
9. Notably, prior to the Court imposed deadline on 01/14/22, neither Newrez LLC, Ditech 

Financial LLC, nor anyone else bogusly claiming "Secured Creditor" status has filed (or 

even asked for time to file) timely Proofs of Claim against the Debtor's Chapter 13 estate. 

10. Additionally, the audacious, deceptive, interloper, Newrez LLC, has to carry the legal 

burden of proof and fully demonstrate to this Honorable Court, by competent material 

evidentiary support, how Newrez LLC indeed has met and satisfied all essential 

Conditions Precedent - prior to alleging default, demand, and foreclosure. 

11. The audacious interloper and false creditor Newrez LLC in fact is legally barred from 

asserting untimely claims against the Debtor. 

12. By intentionally ignoring its essential duties and basic prerequisite requirements under 

applicable consumer law, including both state federal fair credit and billing provisions 

governing and mandating precisely how and when consumers in Florida should be 

properly noticed and notified of claims a legitimate creditor intends to pursue against the 

Florida consumer. 

13. Hence, by failing to properly or timely provide the Debtor with any prior notice of claims 

Newrez LLC believes it has, or intends to assert against the Debtor, nonparty Newrez 

LLC is self-disqualified from interloping, or otherwise impersonating Ditech LLC as the 

"Secured Creditor" and is barred from otherwise participating in the Debtor's bankruptcy 

case. 

14. To avoid ambush proceedings the self-declared and self-serving unproven, allegation of 

Newrez LLC are meritless, and it is without grounds or legal standing in Debtor's 

bankruptcy case since it has effectively voluntarily waived the right to assert claim(s) 

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Case 21-20622-PDR Doc 35 Filed 02/04/22 Page 3 of 10
against Debtor by its own failures to satisfy minimal prior contacts, due process, basic 

consumer noticing requirements in Florida, and mandatory conditions precedence. 

15. Accordingly, Newrez LLC is rightly legally barred from using ambush tactics against the 

Debtor, and from suddenly appearing in the Debtor's Chapter 13 bankruptcy case without 

any prior notice, demand, or request to the Debtor, and without a court hearing and 

preapproval sufficient to protect the Debtor's due process guarantees and basic 

constitutional right to notice, right to object, and right to appeal decisions allowing 

Newrez LLC to engage in unlawful ambush tactics or permitting it to impersonate others. 

16. The nonparty interloper Newrez LLC is, by information and belief, is knowingly 

asserting false claims in the Debtor's bankruptcy case and is knowingly engaging in 

bankruptcy fraud which constitutes a serious federal criminal offence punishable by fines 

and imprisonment. 

17. In light of these indisputable facts pertaining to Newrez LLC and its unauthorized bad 

faith filings absent the prerequisite preapproval form the Court, and prior notice or 

warning to the Debtor, its filings should be stricken as unauthorize under applicable state 

and federal basic consumer protections. 

18. Moreover, Newrez LLC with its coconspirators, are ethically and legally precluded from 

seeking aid or facility from this Honorable Court, to continue or advance its deliberately 

deceitful scheme, and the Court cannot continence or support it. 

19. The nonparty interloper, Newrez LLC, is relying entirely on self-serving unsubstantiated 

claims and ambush tactics purely intended to violate the Debtor's most basic 

Constitutional Right to due process merely to engage in continued deceptions, blatant 

fraud, and false pretenses. 

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Case 21-20622-PDR Doc 35 Filed 02/04/22 Page 4 of 10
WHEREFORE, Newrez LLC clearly is an unauthorized nonparty in Debtor's bankruptcy 

proceedings Case No.: 21-20622-PDR, and his AP lawsuit against DITECH FINANCIAL 

SERVICING LLC and its local foreclosure attorneys, namely ROBERTSON, ANSCHUTZ, 

SCHNEID, CRANE & PARTNERS, PLLC. Hence, each bad faith unauthorized filing by 

nonparty interloper- Newrez LLC, without first seeking and obtaining the Court's preapproval, 

should be stricken from the record as unauthorized, including: 

See Exhibit A 1 

(a) DE's # 13 & 14 on 11/11/21; DE# 20 on 12/10/21, Objection to Confirmation <?f Chapter 

13 Plan; and DE# 26 on 01/19/22, Motion.for Relief from Stay (to continue with its 

fraudulent schemes against the Debtor), particularly its bald, facially false, unprovable, 

legally untenable, blatantly impossible, bogus claims that the unauthorized interloper 

nonparty stranger-entity Newrez LLC somehow is a ... "Secured Creditor {that/ holds a 

security interest in the Debtor's real property ... ". (12). And further, that this Honorable 

Court strike from the record, as unauthorized, self-serving, and disingenuous: 

(b) Doc. 9 on 12/17/21; Motion to Dismiss with Prejudice Debtors AP lawsuit against Ditech 

Financial LLC, as filed by an entirely irrelevant entity nonparty inte p r Newrez LLC. 

Dated/ signed: Friday, January 28, 2022. Signed: ~- : . ( . 

SAMUEL F. WORRELL PL -DEBTOR, prose. 

7420 N.W. 41 COURT.; DERHILL, FLORIDA 33319 

(21s-~Jff0! ~Lpr 4-3 

1 Law Office Robertson, Anschutz, Schneid, Crane & Partners, PLLC are stating in State Court that Ditech Financial 

LLC is the secure creditor for this mortgage and in Federal Court, the same law firm is arguing that Newrez is the 

secure creditor for this mortgage. Neither of the listed secure creditors is showing any proof for the claim of 

secure creditor. 

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Case 21-20622-PDR Doc 35 Filed 02/04/22 Page 5 of 10
CERTIFICATE OF SERVICE 

I hereby certify that Service of a copy of this filing was furnished to the Attorneys for 

Ditech Financial Servicing, LLC, et al, as listed on the service list below, via United States 

Postal (USPS) 'First Class Mail', and/ or e-mailed in accordance with the corresponding 

addresses listed therein, on the 31st day of January 2022. 

Signed: ------------ SAMUEL WORRELL PLAINTIFF-DEBTOR, prose. 

7420 N.W. 41 COURT., LAUDERHILL, FLORIDA 33319 

SERVICE LIST 

ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC 

Attorneys for Ditech Financial Servicing, LLC, et al, 

6409 Congress Ave, Suite 100 

Boca Raton, Florida, 33487 

Attn: Marni Sachs 

Marni Sachs, Esquire 

Attn: Scott Brown 

Scott Brown, Esquire 

Florida Bar No.88187 

Communication Email: sbrown@raslg.com 

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Case 21-20622-PDR Doc 35 Filed 02/04/22 Page 6 of 10
Filing# 137909297 E-Filed 11/04/2021 01:12:55 PM 

BROWARD DAILY BUSINESS REVIEW Published Daily ext.l!pl Satun:iey, Sunday and 

legal Holtd.ay, 

fl. t.auduroele, erov.ord Courity, Florid& 

STATE OF FLORIDA COUNTY 

OF BROWARD: 

Before the undersigned authority personally appeared 

SCHERRIE A. THOMAS, who an oalh says that he or she is 

the LEGAL CLERK, of the Browanl Deily BuSiness Review I/ 

l<ia Broward Review. a daily (axcapt Saturday, Sunday end 

Legal Holidays) newspaper, published 81 Fort Lauderdale. ,n 

Broward Coumy, Floliaa; that the attached copy o! 

advertisement, being a Legal Aavertisomant of Notice ,n the 

matter of 

CACE-16-001954 

NOTICE OF FORECLOSURE SALE 

DITECH FINANCIAL LLC. ETC. 

VS. SAMUEL H. WORRELL. ET AL. 

in the CIRCUIT Court. 

was pubhshed in said newspaper in the issues of 

10/2512021 11/01/2021 

Aff',ant further says that lhe said Broward Daffy Business 

Review IS • newop•per publ1Shed al l-or1 Leuderdelo. in .,.,d 

Broward County, Florida and that the ,aid newspaper 11115 

herela1ore been continuously published In sa,a Broward 

County, Flonda each day (except Saturday, Sunllay IUld 

Legel Holidays) and ha• been entered 01 second c'- mail 

matter al the posl office ,n Fon Lauderdale in pjd Bmw&rd 

County. Florida. tor a periOd a1 one year next pracea,ng tile 

flrsl publication a1 the attached copy ol advertisement; and 

affiant further says that he or she has neillwr paid nor 

promised eny person. f11rn or corporation any discount. 

rebate. commission or refund for the purpose of securing thJis 

adv'.1{1I•em•nt for pubhcatlon In the said newapaper . . 

iJ-LlUl\ ~ ~ j h I) '~ 

Sworn lo and subscribed bef01'9 me this 

1 <lu.11' N. OVE&M,A.0.20?1.Je 

) .~ ' 

,. -- - • : I ' ~ '· -(}l~.L,/' . ,,\ .'• './,. 

. ·t 

(SEAL) 

SCHERRIE A. THOMAS pP.rsonally kno"'1 to me 

NOTICl!OF 

FORECLOSURE SALE 

IN THE CIRCUll COURT OF THE 

SEVENTEENTH JUDICIAL CIRCU!J 

IN AND FOR BROWARD COUNTY. 

FLORIDA 

GENERAL JURISDICTION DIVISION 

CASF NO. CACF-16-001954 

0111:CH FINANCIAL LLC f-/K/A GREEN 

lREE SERVICING U.C. 

Plaintiff. 

vs 

SAMUEL H. WORREU. AND DONNA 

L WORRELL NKIA DONNA GIBSON. 

etal 

Defendant(s). 

NOTICE IS HEREBY GIVEN pursuant 

to a F111al Judgment of Foreclosure 

dated February 21, 2018, and entered 

in CACE-16-001954 oi the Circuit 

/ Court ol the SEVENTEENTH Judicial 

Circuit In and for Broward Courity, 

· Florida, wtierein DJTECH FINANCIAL I LLC F/K/A GREEN TREE SERVICING 

. LlC 1s the Plaintiff and SAMUEL F. 

I

• WORRELL; OONNA L WORREU. A/KIA 

l)ONNA GIBSON are the Defendant(s). 

BRENDA 0. roRMAN as the Cieri< 

of the Circuit Court will sell to tile 

highest and best bidder for cash at 

www.broward.reaJforeclose.com, at 

10:00 AM, on November 09, 2021. 

the following described property as 

set forth in said Final Judgment, lo wit: 

LOT 6, BLOCK 1, OF BOULEVARD 

NORTH ACCORDING TO THE 

Pl.AT THERrnr RECORDED IN 

PLAT BOOK 92, PAGE 18 or THE PUBLIC RECORDS OF 

BROWARD COUNTY, FLORIDA 

Property Address: 7420 NW 41ST 

CT, LAUDERHILL. Fl 33319 i 

Aro; person claiming an inlere8t in ! 

the surplus from the &ale, if any, olher 

llllVI the property Olmel' as of the date 

of the 11s pendens must file a claim in accardance with Florida Statutes, 

Section 45.031. 

Oaled this 19 day of October. 2021. 

ROBERTSON, ANSCHUTZ, 

SCHNEI), CRANE & PARTNERS, 

Pl.LC 

Attorney for Plaintiff 

6409 Congress Ave., Suite 100 

Boca Raton, Fl33487 

Telephone: 681-241-6901 

Facsimile: 561-997-6909 

Service Email: flmallOraslg.com 

By: JAMES HUTTON. ESQUIRE 

Florida Bar No. 88662 

Commur-.calion Emajl: 

jhutton@raslg.com 

IMPORTANT 

HED 

Case 21-20622-PDR Doc 35 Filed 02/04/22 Page 7 of 10
I 

' 

It you 1118 a pervoo With a disabilily 

who needs any accommodatlon in 

ord&r to P8rtic/pate fn lhlld PIOCeeding, 

you llr8 entitled, 81 no cost lo )'Ou, 

to lhe Jll'OVision Of certain asslstance. 

Please contact .the ADA Coordinator, 

Room WW20140, 201 5-f, SorthS!reel. 

Fo,t UIUderdale, Florida 33301, 954-

831-n21 at least 7 days before you, 

SC/Jedufed coun a,lJ>ealance, or immedlately Ul)0n receiwig this llOlification 

if the lime befo,e lhe SCheduled IIJ>-

P&arance Is less than 7 days; Jf yoo 

are heating or Voice Impaired, call 711. 

15-078917 - MaS 

1 Q/25 1 l/1 21-49100oo55a4a99 . 

I 

I 

~//~ 

I 

Case 21-20622-PDR Doc 35 Filed 02/04/22 Page 8 of 10
Filing# 134596335 E-Filed 09/14/2021 06:32: 13 PM 

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT 

IN AND FOR BROWARD COUNTY, FLORIDA 

CASE NO. CACEl6001954 DIVISION lL JUDGE Andrea Gundersen 

Ditech Financial LLC 

Plaintiff(s) / Petitioner(s) 

V. 

Samuel H Worrell, et al 

Defendant(s) I Respondent(s) 

__________ ___:/ 

ORD SETTING/RESETTING FORECLOSURE SALE 

UPON Motion of the Plaintiff, DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING 

LLC, and the Court being duly advised via Zoom Hearing on September 8, 2021, where no 

Defendant appeared despite proper notice, it is hereby: 

ORDERED AND ADJUDGED as follows: 

1. Plaintiff's Motion to Reschedule Foreclosure Sale is hereby GRANTED. 

2. The public sale scheduled to be held in this action on February 12, 2020 is 

hereby rescheduled pursuant to the provisions of the Final Judgment entered in this action on 

February 21, 2018. The Clerk is directed to set a public sale on the property on the first 

available sale date, to wit: NOVEMBER 9, 2021, at 10:00 AM, at 

www.broward.realforeclose.com. 

DONE and ORDERED in Chambers, at Broward County, Florida on 09-14-2021. 

<.~-1 u•>-l•l-2021 -I· <7 PfVI 

CACE16001954 09-14-2021 4:37 PM 

Hon. Andrea Gundersen 

CIRCUIT JUDGE 

Electronically Signed by Andrea Gundersen 

Copies Furnished To: 

JONATHAN IAN MEISELS, E-mail: FLmail@raslq.com 

Marni Sachs , E-mail : Efile@rasflaw.com 

Marni Sachs , E-mail : msachs@rasflaw.com 

Case 21-20622-PDR Doc 35 Filed 02/04/22 Page 9 of 10
Samuel H Worrell, E-mail: sammyhw@bellsouth.net 

Scott A Brown, E-mail: sbrown@rasflaw.com 

Scott A Brown, E-mail: mail@rasflaw.com 

CaseNo: CACE16001954 

Page 2 of 2 

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