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This new rule requires, among other things, that mortgage companies (known as mortgage services) file with the Bankruptcy Court and serve on the debtor, debtor's counsel and the trustee, a notice of any change in the amount of the monthly mortgage payment, at least 21 days before the change is to take effect.
A Notice of Final Cure Mortgage Payment is filed by the trustee within 30 days of the date the debtor completes all payments under the plan. The purpose of the notice is to state whether the debtor has paid the full amount required to cure the mortgage default.
When the trustee sends the Notice of Final Cure Payment, there's a burden on a mortgage company to file a response, usually within 30 days, stating whether the mortgage is current or not. You still owe us $500.” When the order is issued, the mortgage company can't foreclose.
A Notice of Postpetition Mortgage Fees, Expenses and Charges must be filed by the mortgage creditor within 180 days of the date the fees, expenses and charges are incurred.
If there is a post petition mortgage fee noticed and allowed, and the mortgage is paid directly by the debtor/borrower, then usually it is a fee added to the debt that must simply be paid from the sale of the home or prior to release of mortgage down the road.
This Official Form 410S1 is a supplement to a proof of claim to be filed in an individual debtor's Chapter 13 bankruptcy case where the claim is secured by a security interest in the debtor's principal residence.
Prepetition debt is all debt that you have incurred prior to your bankruptcy case being filed. Post-petition debt is all debt that you incur after your bankruptcy case is filed. These debts will not be a part of your bankruptcy case and cannot be discharged. You are still liable on this debt and must pay for it.
Prepetition debt is all debt that you have incurred prior to your bankruptcy case being filed. Post-petition debt is all debt that you incur after your bankruptcy case is filed. These debts will not be a part of your bankruptcy case and cannot be discharged. You are still liable on this debt and must pay for it.
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