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

Rev. 1/15/2019

 

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

 

 

In a chapter 13 case, where a creditor holds a claim that is secured by the debtor's principal residence, the creditor must file and serve Notice of the Mortgage Payment Change (the "Notice") including any change that results from an interest rate or escrow account adjustment on the debtor, debtor's counsel, and the trustee.  The creditor must serve the Notice within 21 days before the new payment becomes due.

 

The filer uses the below docket event when there is no proof of claim on file with the court.  Because there is no proof of claim, the Notice only appears on the case docket.

 

A hearing is set when a party files a response to the Notice. See Determine Validity of Payment Change.

 

See Notice of Mortgage Payment Change when there is a corresponding claim on file with the court

 

 

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 does not have a certificate of service attached, 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.