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North Carolina Local Form 18 - Supplement to Response to Chapter 13 Trustee's Notice of Final Cure Payment and Motion to Deem Mortgage Loan Current

State:
North Carolina
Control #:
NC-SKU-0141
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Local Form 18 - Supplement to Response to Chapter 13 Trustee's Notice of Final Cure Payment and Motion to Deem Mortgage Loan Current

North Carolina Local Form 18 — Supplement to Response to Chapter 13 Trustee's Notice of Final Cure Payment and Motion to Deem Mortgage Loan Current is a form used in Chapter 13 bankruptcies in North Carolina. It is used to supplement the Chapter 13 Trustee's Notice of Final Cure Payment and Motion to Deem Mortgage Loan Current. The form requires the debtor to affirm that the full amount of the mortgage debt has been paid and that the loan is considered current. It also requires the debtor to provide information about the mortgage lender, such as name and mailing address. The form also asks the debtor to provide the name of the Chapter 13 Trustee, the case number, and the court in which the case is being heard. There are two types of North Carolina Local Form 18 — Supplement to Response to Chapter 13 Trustee's Notice of Final Cure Payment and Motion to Deem Mortgage Loan Current: the original form and the amended form. The original form is used when the debtor has paid off the full amount of the mortgage debt and is seeking to have the loan deemed current. The amended form is used when the debtor has not yet paid off the full amount of the mortgage debt, but has made sufficient payments to bring the loan current. The amended form requires the debtor to provide additional information, such as the total amount of the mortgage debt, the amount of the remaining debt, and the amount of each payment.

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FAQ

A Notice of Final Cure Mortgage Payment is filed by the trustee within 30 days of the date the debtor completes all payments under the plan. The purpose of the notice is to state whether the debtor has paid the full amount required to cure the mortgage default.

Bankruptcy Rule 3002.1(g) provides that once the trustee files a Notice of Final Cure of mortgage payments, a mortgage lender must file a response within 21 days indicating whether it agrees that the arrears have been fully cured and whether payments are current.

If a debtor has provided for payment of a claim secured by a security interest in the debtor's principal residence in the Plan, the Chapter 13 Trustee must file, within 30 days of the debtor completing all Plan payments, a Notice of Final Cure Payment.

About 45 days after you've received your discharge, you will receive a document called a Final Decree. It's the document that officially closes your case. Once this document is received, you are no longer in bankruptcy.

The response is filed to provide a statement indicating: 1) whether the creditor agrees that the debtor has paid the full amount required to cure the default, and 2) whether the debtor is otherwise current on all payments.

More info

Local Form 18 Supplement to Response to Chapter 13 Trustee's Notice of Final Cure Payment and Motion to Deem Mortgage Loan Current. Items 1 - 7 — Section 202.5 Papers filed in court. What are the components of a pre petition arrearage? 1. Principal and Interest payments due and not paid as of the date of the bankruptcy filing. Before any settlement can be finalized, the Debtor must file a motion to approve compromise under Bankr. Texas Recent Developments in. Consumer Bankruptcy 2018. At the conclusion of the case, the Chapter 13 Trustee ("the Trustee") filed a Notice of Final Cure Payment showing the mortgage as current. Recent Developments in Chapter 13.

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North Carolina Local Form 18 - Supplement to Response to Chapter 13 Trustee's Notice of Final Cure Payment and Motion to Deem Mortgage Loan Current