Exhibit Cover Sheet

Party submitting: NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING Ex.#

3

Admitted: Yes or No (circle one)

Debtor: Samuel Fitzgerald Worrell

Case No.: 21-20622-PDR

Nature of Hearing

Docket No: [DE-26]

Secured Creditor’s Motion for Relief from Stay

United States Bankruptcy Court

Southern District of Florida

Dated _____________ , 2022.

By:_____________________, Deputy Clerk

Case 21-20622-PDR Doc 46-3 Filed 02/22/22 Page 1 of 11
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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION 

IN RE: 

SAMUEL F. WORRELL Case No.:21-20622-PDR

Debtor Chapter 13

 

DEBTOR’S RENEWED OBJECTIONS,

AND MOTION TO STRIKE FILINGS BY INTERLOPER NONPARTY

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) 

Case 21-20622-PDR Doc 46-3 Filed 02/22/22 Page 2 of 11 Case 21-20622-PDR Doc 30 Filed 01/31/22 Page 1 of 10
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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.

Case 21-20622-PDR Doc 46-3 Filed 02/22/22 Page 3 of 11 Case 21-20622-PDR Doc 30 Filed 01/31/22 Page 2 of 10
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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)

Case 21-20622-PDR Doc 46-3 Filed 02/22/22 Page 4 of 11 Case 21-20622-PDR Doc 30 Filed 01/31/22 Page 3 of 10
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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. 

Case 21-20622-PDR Doc 46-3 Filed 02/22/22 Page 5 of 11 Case 21-20622-PDR Doc 30 Filed 01/31/22 Page 4 of 10
WHEREFORE, NewrezLLC 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 Coutt's preapproval,

should be stricken from the record as unauthorized, including:

See Exhibit Ar

(a) DE's # 13 & 14 on 1 1/1 1121;DF, # 20 on 12ll0l2\, Objection to Confirmation rtf Chapter

I 3 Plan; and DE # 26 on Oll19l22, Motion.fbr Reliet''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 [thatJ hokls u

security interest in the Debtor's real property...". (fl 2). And further, that this Honorable

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

(b) Doc. 9 on l2l17l21; Motion to Dismiss with Pre.iudice Debtors AP lawsuit against Ditech

Financial LLC, as filed by an entirely irrelevant entity;ronparty i Newrez LLC.

Dated / signed: Friday, .Ianuary 28,2022. Signed:

SAMUEL F.

7420 N.W.41

wo

COURT

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

securecreditorforthismortgage. Neitherofthelistedsecurecreditorsisshowinganyprooffortheclaimof

secure creditor.

5-

aopgroB, pro se.

DERHILL, FLORIDA 33319

Case 21-20622-PDR Doc 46-3 Filed 02/22/22 Page 6 of 11 Case 21-20622-PDR Doc 30 Filed 01/31/22 Page 5 of 10
- 6 -

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, pro se.

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, Suite100

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

Case 21-20622-PDR Doc 46-3 Filed 02/22/22 Page 7 of 11 Case 21-20622-PDR Doc 30 Filed 01/31/22 Page 6 of 10
Filing # 137909297 E-Filed lll04l202l 01:12:55 PM

BROWARD DAILY BUSINESS REVIEW

Pubfi$sd Ir8ity ospt 8ttudsy, Sund., ed

l.9rl Hdideyt ' Ft Laudptdal€, Brcwad Counly, Florlda

STATE OF FLORIOA COUiITY

OF BROWARD:

Bolor€ the underslgnsd aulho,lty peEoflally lPPrarad

SCHERRIE A. THOMAS, vrho on oalh says lhat he or rha lB

lh€ LEGAL CLERK d tht Browqrd Dtf;y Burine$ ReYlcw t/

k/a Brou,ard Rsvlcrv, a dally (6xoaPt S.brday. Sunday and

L.gEl Hollday3) nswPapBr, publlrird at Fort Leud.daL, ln

Brourafil Counu, Florlde: lhd lhe alta66al copy of

sCverlbemont, bsing a Logsl Adwtbomlnt ot Notics in tho

melter of

cAcE-16.(xr19&l

NOTICE OF FORECLOSURE SALE

DITECH FIMNCIAL LLC. ETC.

V8. SAMUEL H. WORRELI., ET AL.

ln the CIRCUIT Court,

waB publlshrd in ssid nByrEpaP6r ln lh! lssues of

$n5t2021 11/o1n021

Afiant lurther says ihd lhe said Broward DsBy Business

Roview is a newspsper publishod at Fort LBudordal6, in

Brcward County, Florida and lhst lhe 6aid newBpapor

heretofore been conlinuously published in ssid

f,oflcG of

FOREGLO€IIBE SALE

IN THE CIRCUIT COUBT OF THE

SEVENTEENIH JUDICIAT CIRCUII

tN AND'Fon gnowARD c.oul,rf,

FLORIDA

GENEMT JURISDICTION DIVISION

cAsE NO^ CACEn6{01S54

DIECH FlNANClr4t LLC F/]VA GHEEN

TffEE SERV|CING LLC,

Plsintiff,

vs.

SAMUEL H. WORHEIj. AND DONNA

L. WORRELL AI

st al.

Delendant(s).

NONCE IS HERI

Judoment ot Foreclosure

21, 2018, snd snter€d

954 of lhe Circuit

the SEVENTEENTH Judicial

for Broward County,

DTTECH FINANCIAL

F/IVA GREEN TREE SER||ICING

is the Flaintiff and SAMUEL F.

; DONM L WORHETL A/IVA

GIBSON are the D6fendan(s).

D. FOBMAN as the Clerk

of the Circuit Court will soll to fie

highsst and bsst bidder lor cash at

wvvw.broward.realforadose.com, at

10:00 AM, on Noverflber 09, 2021,

the following d€scrib€d proporty as

sot forth in said Final Judgmont, to wit;

LOT O, BLOCK 1, OF BOULA/ARD

NORTH ACGORDING TO THE,

PIAT THEREOF RECOHDED IN

PLAT BOOK 92, PAGE 18 OF

THE PUBLIC BECOBDS OF

BROWARD C,OUNTY, FLORIDA

Property Address: 7420 IIW 4tST

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tuy prsm ddn*49 mir*eeA In I

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ms(€r al the post offim in Forl Lsud8rdale in gBid B

Coumy, Florida, tor a p€riod ol one ysa. nsxl

nr31 publlcstion s( the attached copy

afliant furthsr says lhat he or

prpmised any peroon, firm or

r€bats, commis6lon or rotund tol lhs

adv?{tlsemEnt ror publicallon ln th6&!$tn

iUWvet^l

(SEAL)

SCHERRIE A. THOMAS personally knor,\lYl to me

SEE ATTACHED

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Case 21-20622-PDR Doc 46-3 Filed 02/22/22 Page 8 of 11 Case 21-20622-PDR Doc 30 Filed 01/31/22 Page 7 of 10
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Case 21-20622-PDR Doc 46-3 Filed 02/22/22 Page 9 of 11 Case 21-20622-PDR Doc 30 Filed 01/31/22 Page 8 of 10
Filing # 134596335 E-Filed 0911412021 06:32:13 PM

IN THE CIRCUIT COURT OF'THE ITTH JUDICIAL CIRCUIT

IN AND FOR BROWARD COUNTY, FLORIDA

CASENO. CACEI6001954

Ditech Financial LLC

Plaintiff(s) / Petitioner(s)

Samuel H Worrell, et al

Defendant(s) / Respondent(s)

DIVISION 1l JUDGE Andrea Gundersen

ORD SETTING/RESETTING FORECLOSURE SALE

UPON Motion of the Plaintiff, DITECH FINANCIAL LLC FIKIA GREEN TREE SERVICING

LLC, and the Court being duly advised via Zoom Hearing on September8,2021, where no

Defendant appeared despite proper notice, it is hereby:

ORDERED AND ADJUDGED as follows.

1. Plaintiffs Motion to Reschedule Foreclosure Sale is hereby GRANTED.

2. The publicsale 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.

.t ()(r_ I .l_2<t2 | ,t: i7 l,M

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 46-3 Filed 02/22/22 Page 10 of 11 Case 21-20622-PDR Doc 30 Filed 01/31/22 Page 9 of 10
CaseNo: CACE16001954

Page 2 of 2

Samuel H Worrell, E-mail : sammyhw@bellsouth.net

ScottA Brown, E-mail . sbrown@rasflaw.com

ScottA Brown, E-mail : mail@rasflaw.com

Case 21-20622-PDR Doc 46-3 Filed 02/22/22 Page 11 of 11 Case 21-20622-PDR Doc 30 Filed 01/31/22 Page 10 of 10