In a chapter 13 case, where a creditor holds a claim secured by the debtor's principal residence, the creditor must file and serve a Notice of the Mortgage Payment Change (the "Notice"), providing any change that results from an interest rate or escrow account adjustment, upon 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 below event is specifically designated to file the Notice when the creditor has a corresponding claim on file with the court. See Notice of Mortgage Payment Change (No Proof of Claim Filed) to file a notice that does not have a corresponding claim filed with the court.
A party in interest who objects to the payment change may file a motion to determine whether the change is required to maintain payments in accordance with § 1322(b)(5) of the Code. See Determine Validity of Payment Change.
If no motion is filed by the day before the new amount is due, the change goes into effect, unless the court orders otherwise.
Notice of Mortgage Payment Change Official Form 410S1
Certificate of Service
[Bankruptcy > Claim Actions > Notice of Mortgage Payment Change]
[Bankruptcy > Other > Notice of Mortgage Payment Change]
[Bankruptcy > Notices > Notice of Mortgage Payment Change]
When filing an amended notice use the same docket event and select "Amended" from the prefix drop-down list.
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U.S. Bankruptcy Court ● Southern District of Mississippi