Notice of Mortgage Payment Change (No Proof of Claim Filed)

Rev. 9/20/2018

 

Fed. R. Bankr. P. 3002.1(b)

 

In a chapter 13 case, whereas a creditor holds a claim that is secured by the debtor's principal residence, the creditor must file and serve on the debtor, debtor’s counsel, and the trustee notice of any change in the payment amount including any change that results from an interest rate or escrow account adjustment, no later than 21 days before a payment in the new amount is due.

 

This docket event is used when a creditor has not filed a previous proof of claim, but needs to file the Notice of Mortgage Payment Change.  See Notice of Mortgage Payment Change for filing a notice that has a corresponding claim on file with the court.  Because there is no corresponding claim the docket entry will only appear on the docket report.

 

Any pleading in response to a Notice of Mortgage Payment Change is set for a hearing.   See Determine Validity of Payment Change.

 

Docket Events:

 

[Bankruptcy> Claim Actions> Notice of Mortgage Payment Change]

[Bankruptcy> Other> Notice of Mortgage Payment Change]

[Bankruptcy> Notices> Notice of Mortgage Payment Change]

 

 

Requirements:

Notice Official Form 410S1

*Certificate of Service

 

*When the notice is filed without a certificate of service, the filer must file the certificate as a separate document. See Certificate of Service (Use Only for Rule 3002.1 Events)

 

Amended Notice of Mortgage Payment Change


When filing an amended notice use the same docket event and select "Amended" from the prefix drop down list.