Rev. 05/08/19

RESPONSE TO NOTICE OF FINAL CURE PAYMENT
RULE 3002.1

OVERVIEW:

Within 21 days after service of a Notice of Final Cure Mortgage Payment, the holder of the claim shall file and serve on the debtor, debtor’s counsel, and the trustee a statement indicating whether it agrees that the debtor has paid in full the amount required to cure the default on the claim
and whether the debtor is otherwise current on all payments consistent with Section 1322(b)(5) of the Code.  The statement shall itemize the required cure or postpetition amounts, if any, that the holder contends remain unpaid as of the date of the statement.  Debtor or Trustee has 21 days after service of Response to file Motion to Determine Final Cure and Mortgage Payment.

If the claim holder fails to notify or provide any information as required by this rule, 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 of 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:
 

CM/ECF Event(s):

            Other Answers/Objections, Response to Notice of Final Cure Payment Rule 3002.1