Mortgage Modifications (Motion or Stipulation)

Rev. 12/12/16
MORTGAGE MODIFICATIONS
(Motion or Stipulation)
 
Overview:
 

In a chapter 13 case, the debtor must seek permission of the court to modify a mortgage loan, including the refinancing of a mortgage. Sometimes these modification requests are filed in the form of a stipulation. 

This filing should be accompanied by the Motion/Pleading (or Stipulation), Mortgage Modification Agreement, Certificate of Service and Proposed Order.

For order format, please see Proposed Orders
 
               
Codes, Rules and Forms:
 
Bankruptcy Code:
None
Bankruptcy Rule:
None
Local Rule:
None
Local Form:
None
 

CM/ECF Event(s):
            Motions/Applications, Mortgage Modification
 

I. Noticing:

A.     Type:                    A notice is not required unless directed by Chambers
                                      If required by Chambers, the notice should be Passive -- 21 day language

B.     Who Serves:       Movant, or as the Court directs

C.     Service:                Matrix
 

If chambers has determined the movant is to serve the notice and a certificate of service is to be filed, docket Miscellaneous, Notice and Certificate of Service (NOT for sale motions).