Notice of Mortgage Payment Change Rule 3002.1

Rev. 05/08/19

NOTICE OF MORTGAGE PAYMENT CHANGE
RULE 3002.1

 

OVERVIEW:

This rule applies in a chapter 13 case to claims that are secured by a security interest in the debtor’s principal residence and for which the plan provides that either the trustee or the debtor will make contractual installment payments.

No later than 21 days before a payment in the new amount is due, the holder of a claim shall file and serve on the debtor, debtor’s counsel, and the trustee a notice of any change in the payment amount, including any change that results from an interest rate or escrow account adjustment.  The notice shall be prepared as prescribed by the appropriate Official Form 410S-1 and filed as a supplement to the holder’s proof of claim.

If the claim holder fails to notify or provide the required information, the court may, after notice and hearing take either or both of the following actions:

  • Preclude the holder from presenting the omitted information, in any form, as evidence in any contested matter or adversary proceeding in the case, unless the court determines that the failure was substantially justified or harmless; or
  • Award other appropriate relief, including reasonable expenses and attorney’s fees caused by the failure.

Codes, Rules and Forms:
 

Bankruptcy Code:

None

Bankruptcy Rule:

3002.1(b), (d), (i)

Local Rule:

None

Official Form:

410S-1

CM/ECF Event(s):

            Claims Actions, Notice of Mortgage Payment Change Rule 3002.1
            Claims Actions, Notice of Mortgage Payment Change Rule 3002.1 (No Proof of Claim Filed)
            Claim Actions, Response to Notice of Mortgage Payment Change Rule 3002.1
            Miscellaneous, Notice of Mortgage Payment Change Rule 3002.1
            Miscellaneous, Notice of Mortgage Payment Change Rule 3002.1 (No Proof of Claim Filed)