Self-Represented Debtors Verified Motion Referral To Mortgage Modification Mediation {MMM-LF-07}

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov In re: Case No. Chapter _____________Debtor(s)______/ SELF-REPRESENTED DEBTOR'S VERIFIED MOTION FOR REFERRAL TO MORTGAGE MODIFICATION MEDIATION Debtor(s) _______________________________ files this Self-Represented Debtor's Verified Motion for Referral to Mortgage Modification Mediation ("Pro Se Motion") and requests the Court enter an Order of Referral to Mortgage Modification Mediation (Pro Se Order) referring Debtor and ________________________ ("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 ____ on ______________. 2. Debtor requests MMM for real property ("Property") located at the following street address: _________________________________________________________ _____________________________________________; account number for this property is _____________ (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 Page 1 of 7 MMM-LF-07 (rev. 04/01/15) American LegalNet, Inc. www.FormsWorkFlow.com 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:_____________________________________ Address:___________________________________ __________________________________________ Telephone:_________________________________ email:_____________________________________ Other: Name:_____________________________________ Address:___________________________________ __________________________________________ Telephone:_________________________________ email:_____________________________________ c. Debtor has simultaneously filed with this motion the MMM Local Form "Third Party Consent to Attend and Participate in Mortgage Modification Mediation" signed by each of the co-obligor(s)/co-borrower(s)/third party(ies) 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. Page 2 of 7 MMM-LF-07 (rev. 04/01/15) American LegalNet, Inc. www.FormsWorkFlow.com surrender the Property to the Lender. 4. Prior to filing this motion, (check box that applies): Debtor has completed Debtor's information using the court-approved online program that facilitates the preparation of the Debtor's loan modification package ("Document Preparation Software") and has paid the $40.00 non-refundable Document Preparation Software fee. Debtor's initial loan modification forms have been generated and are ready for signature and submission. Debtor 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, OR Debtor does not have a computer and is unable to use the on-line Document Preparation Software program. The Debtor represents that he/she has, prior to filing this motion, contacted the Lender to get a list of all the documents the Lender requires, and has gathered all documents, and completed all forms, required by the Lender according to the list provided by the Lender and is prepared to submit all required documents to the Lender using fax or U.S. Mail. 5. Prior to filing this motion, Debtor has determined that: a. Lender is registered with the approved Mortgage Modification Mediation Portal ("MMM Portal"). The Debtor will upload to the MMM Portal, Debtor's Prepared Package together with any Page 3 of 7 MMM-LF-07 (rev. 04/01/15) American LegalNet, Inc. www.FormsWorkFlow.com additional forms or documents which Lender may post on the MMM Portal, within seven days after entry of the Order. Lender is not registered. Debtor requests the Court require Lender to register with the MMM Portal within seven days after entry of the Order. The Debtor will upload to the MMM Portal, Debtor's Prepared Package together with any additional forms or documents which Lender may post on the MMM Portal, within seven days after the Lender has registered. OR b. Debtor does not have access to a computer and is unable to use the MMM Portal. The Debtor requests that the Court permit the Debtor to exchange documents with the Lender by fax or U.S. Mail, including the documents already prepared under paragraph 4 above. 6. 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: __________________________________________________ 7. IF DEBTOR IS REQUESTING NON-RETENTION (SURRENDER) OPTIONS: a. Debtor will submit all documents required by Lender as provided for in the Page 4 of 7 MMM-LF-07 (rev. 04/01/15) American LegalNet, Inc. www.FormsWorkFlow.com MMM Portal, or, if Debtor is authorized to communicate with the Lender by fax or U.S. Mail, as required by Lender in written communications to the Debtor. b. 8. The Debtor represents that the Property has been listed for sale. Prior to filing this Motion the Debtor obtained a money order to pay the required mediator's fee in the amount of $300.00; a copy of that money order is attached. Debtor understands and acknowledges that after the mediator is designated, the mediator's fee is not refundable for any reason at any time; OR The Debtor represents that the Debtor qualifies for, and requests a pro bono mediation. The Debtor requests that he/she be considered as a candidate for pro bono mediation because the Debtor's income is less than 150% above the poverty level (see attached calculation). 9. Within seven days from the date of entry of the Order, unless the Order excuses the Debtor from using the MMM Portal as requested in paragraph 4 of this Motion, the Debtor shall: a. Upload to the MMM Portal the required documents as set forth in paragraph 5; b. Pay the $40.00 non-refundable MMM Portal submission fee by credit or debit card; and c. Mail the mediator's fee directly to the mediator, unless the Court approves the Debtor's request for pro bono mediation. Page 5 of 7 MMM-LF-07 (rev. 04/01/15) Am