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MMM-LF-02 (rev. 03/08/21)

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

In re: Case No. 22-12730-AJC

Chapter 13

Lucero Vasquez

 Debtor(s) /

Order Granting Debtor’s Verified Ex Parte Motion for Referral to

Mortgage Modification Mediation

This matter came before the Court upon the Attorney-Represented Debtor’s 

Verified Ex Parte Motion for Referral to Mortgage Modification Mediation (“Ex Parte

Motion”) filed on 6/2/2022 in accordance with this Court’s Mortgage Modification 

Mediation (“MMM”) program procedures and regarding Debtor’s real property located at 

10110 SW 154th Cir Ct, Unit#106-1 Miami, FL 33196_, (street address) and the mortgage on 

this property held by PHH Mortgage Services (“Lender”).

A. Jay Cristol, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on June 7, 2022.

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It is ORDERED as follows:

1. The Ex Parte Motion is granted. The Lender may seek reconsideration of 

this Order by filing a written motion on or before 14 days after entry of the 

Order. If a timely motion for reconsideration is filed, the Court will promptly 

schedule a hearing in accordance with Local Rule 9073-1. In the event a 

motion for reconsideration is timely filed, all deadlines set forth in this Order 

shall be suspended pending resolution of the motion, but all other provisions 

shall remain in effect.

2. The Debtor and Lender are required to participate in Mortgage Modification 

Mediation (“MMM”) in good faith. MMM shall be concluded not later than 

150 days from the date of the Order, unless extended by written consent on 

the approved Mortgage Modification Mediation Portal (“MMM Portal”), by

stipulation of the parties or by court order.

3. All communications and information exchanged during MMM are privileged 

and confidential as provided by Federal Rule of Evidence 408 and Chapter 

44 of the Florida Statutes, and shall be inadmissible in any subsequent 

proceeding.

4. All written communication between the parties regarding the mediation must 

be sent through the approved portal (“MMM Portal”) only, unless otherwise 

ordered by the Court. Any litigated matters incidental to the mediation shall 

be considered as separate matters and not subject to the portal 

communication requirement.

5. The Lender (and Lender’s counsel, if any) shall register with the MMM 

Portal, unless already registered, within seven days after entry of this Order, 

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and designate its single point of contact and outside legal counsel, if any. 

If the Lender fails to register, the Debtor may file a motion with the Court 

seeking sanctions against the Lender for Lender’s failure to register. 

6. Lender’s counsel or representative shall have the authority (within the 

investor’s guidelines) to settle and will attend and continuously participate 

in all MMM conferences in this case.

7. Debtor’s attorney shall, within seven days after the filing of Debtor’s Notice 

of Selection of Mortgage Modification Mediator (or Notice of Clerk’s 

Designation of Mortgage Modification Mediator), or after confirming that the 

Lender is registered on the MMM Portal, whichever occurs later, remit to 

the MMM Portal the required non-refundable MMM Portal submission fee in 

the amount $60.00, and upload to the MMM Portal the following 

(collectively, the “Completed Package”): 

(a) Debtor’s loan modification package (prepared using the Document

Preparation Software);

(b) a copy of this Order; and

(c) any additional lender-specific information identified by Lender on the 

MMM Portal. 

8. The Lender shall, within seven days after Debtor’s delivery of the 

“Completed Package”, acknowledge receipt of Debtor’s information and 

advise Debtor of any additional or missing information required for Lender 

to proceed with its review.

9. In the event the Lender requires additional or missing information to 

consider the Debtor’s requested mortgage modification options as specified 

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in the Ex Parte Motion, the Lender shall so notify Debtor through the MMM 

Portal within seven days of Debtor’s submission (“Notice”). The Debtor 

shall provide all additional documents through the MMM Portal within seven 

days of the Notice.

10. The Lender shall timely underwrite the loan modification request.

11. If the Lender transfers the loan, the Lender must provide a copy of the Order 

to the new holder of the loan (“Successor Lender”), and the Successor 

Lender will be obligated to comply with all terms of this Order.

12. PROCESS FOR SELECTION OF MEDIATOR:

(a) The parties shall have 14 days from the date of this Order to select 

a mediator. If the parties agree on the selection of a mediator, the 

Debtor shall file the MMM Local Form “Debtor’s Notice of Selection 

of Mortgage Modification Mediator” (Check Box 1 and insert mediator 

name and contact information), serve a copy of the notice on all 

required parties, and file a Certificate of Service pursuant to Local 

Rule 2002-1(F).

(b) If the Lender fails to communicate with the Debtor within the 14 day

period established for the mediator selection process, the Debtor

shall, within seven days, independently select a mediator and file the 

“Debtor’s Notice of Selection of Mortgage Modification Mediator”

(Check Box 2 and insert mediator name and contact information),

serve a copy of the notice on all required parties, and file a Certificate 

of Service pursuant to Local Rule 2002-1(F). In this instance, it shall 

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be deemed that the Lender has waived the right to challenge 

Debtor’s selection of a mediator.

(c) If the parties attempt to reach agreement on the selection of a

mediator, but fail to do so, the Debtor shall file the “Debtor’s Notice 

of Selection of Mortgage Modification Mediator” (Check Box 3 

indicating an impasse), serve a copy of the notice on all required 

parties, and file a Certificate of Service pursuant to Local Rule 2002-

1(F). The clerk shall then randomly select a mediator from the clerk’s 

Mediation Register pursuant to Local Rule 9019-2(B)(3), without the 

necessity of a hearing. The clerk shall serve notice of the mediator 

selection on the required parties using the MMM Local Form “Notice 

of Clerk’s Designation of Mortgage Modification Mediator”. Local 

Rule 9019-2(B) shall apply to any challenge to the clerk’s designation 

of mediator.

13. Debtor’s attorney shall assign the mediator as the mediator in this case on 

the MMM Portal within seven days after designation. 

14. The mediator shall:

(a) be governed by the standards of professional conduct set forth in the 

Florida rules for certified and court-appointed mediators and shall 

have judicial immunity in the same manner and to the same extent 

as a judge;

(b) subject to paragraph 15 below, be compensated in the amount of 

$600.00 for preparation for MMM, execution of required documents,

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facilitation of document and information exchange between the 

parties, and participation in no more than two one-hour MMM

conferences.

(c) be compensated at the rate set by this Court’s Local Rule 9019-2(6) 

for any MMM conferences that extend beyond the initial two onehour conferences. 

15. The mediator’s fee shall be paid equally by the parties as follows: 

(a) The Debtor shall pay a non-refundable fee in the amount of 

$300.00 directly to the mediator within seven days designation 

of the mediator; OR

The Court finds that the Debtor qualifies for a mediator pro 

bono. The mediator shall notify the Court and the Debtor 

immediately by motion if the mediator is not willing to serve pro 

bono and state in the motion to be excused from pro bono

mediation, the reasons why the mediator seeks to be excused.

(b) The Lender shall pay a non-refundable fee in the amount of $300.00 

directly to the mediator within seven days after designation of the 

mediator.

(c) The mediator’s fee for MMM conferences that extend beyond two,

one-hour conferences, shall be paid equally by the parties (unless 

the Debtor is receiving pro bono mediation, in which case the Lender

shall pay its half) and is due and payable at the beginning of each 

successive MMM conference in accordance with the program 

procedures. 

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16. The mediator shall log in to the MMM Portal within seven days after 

designation and use the MMM Portal to facilitate any additional exchange 

of information or documentation between Debtor and Lender in an effort to 

perfect the documents needed for Lender to complete its analysis of 

Debtor’s mortgage modification mitigation options. 

17. If the mediator either fails to timely register or log in to the MMM Portal to 

begin to facilitate the MMM process, any party to the mediation may file a 

motion requesting that the mediator be removed from this case and, if 

applicable, be removed from the clerk’s Mediation Register.

18. MEDIATION CONFERENCE: 

(a) The mediator shall schedule the initial MMM conference no later than

seven days after determining that the Lender has received and 

reviewed all requested information. In the event the mediator cannot 

determine that the Lender has received all the requested information, 

the mediator shall schedule the initial MMM conference within 90

days of this Order. The initial MMM conference shall not exceed one 

hour. The mediator shall report the scheduling of all MMM

conferences on the MMM Portal.

(b) The Lender and Lender’s representative may participate in the MMM

conference by telephone. 

(c) The Debtor and any co-obligors/co-borrowers or other third party

may participate in the MMM conference by telephone provided they 

are physically present with Debtor’s attorney and present 

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identification to Debtor’s attorney counsel during all MMM

conferences. 

(d) Debtor shall provide a foreign language interpreter, if necessary, at 

the Debtor’s own expense. 

(e) All parties attending the MMM conference must be ready, willing and 

able to sign a binding settlement agreement at the MMM conference 

and have the ability to scan, send and receive documents by 

facsimile, email or other electronic means at the time of the MMM

conference.

19. In the event the parties are unable to reach an agreement and require an 

additional MMM conference, the mediator shall schedule a final MMM

conference no later than 30 days thereafter. The final MMM conference 

shall not exceed one hour.

20. In the event the parties reach a final resolution or, if no agreement has been 

reached, the mediator shall report the results of the MMM on the MMM

Portal not later than seven days after the conclusion of the final MMM

conference. The mediator shall also complete and file with the Court, either 

conventionally or via CM/ECF, the MMM Local Form “Final Report of 

Mortgage Modification Mediator”, within two business days following entry 

of the final report data on the MMM Portal. 

21. If applicable, Debtor’s attorney shall file the MMM Local Form “Ex Parte 

Motion to Approve Mortgage Modification Mediation Agreement with 

Lender”, no later than 14 days following the filing of the Final Report and 

upload the MMM Local Form “Order Granting Motion to Approve Mortgage

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Modification Mediation Agreement with Lender” to the Court’s E-Orders 

program. The parties shall also seek any necessary Court approval and 

formalize any required legal documents in a timely fashion thereafter.

22. The automatic stay is modified to the extent necessary to facilitate MMM

pursuant to this Order. 

23. [For chapter 7 debtors] Notwithstanding that the Debtor may be 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 reached or the 

parties reach impasse as reflected in the Local Form "Final Report of 

Mortgage Modification Mediator".

24. Any of the deadlines imposed by this Order may be extended by order of 

the Court.

25. If any parties or counsel fail to comply with the terms of this Order, the Court 

will consider a motion to vacate the Order and may also impose sanctions. 

26. The Debtor’s attorney shall serve a copy of this Order on all parties to the 

mediation, immediately upon receipt. Service shall be by regular U.S. Mail, 

electronic service, or email, if the party’s email address is known.

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