The Judges are continuing to consider revisions to their Operating Orders regarding conduit mortgage procedures with the hopes of adopting uniform language to be used in plans in conduit cases. Until a revised Operating Order is announced for Judge Duncan, for conduit cases filed on or after December 1, 2017, the following language, also available here, should be included in Section 8.1 of the chapter 13 form plan:
8.1 (a) Mortgage payments to be disbursed by the Trustee (“Conduit”):
Mortgage payments, including pre-petition arrears, will be paid and cured by the Trustee as follows:
|
Name of Creditor |
Description of Collateral (note if principal residence; include county tax map number and complete street address) |
Current installment payment (ongoing payment amount) * |
Monthly payment to cure GAP ** (post-petition mortgage payments for the two (2) months immediately following the event beginning conduit) |
Estimated amount of PRE-PETITION ARREARAGE** (including the month of filing or conversion)* |
Monthly payment on pre-petition arrearage |
|---|---|---|---|---|---|
|
|
|
$ Escrow for |
$ |
$ |
$ |
|
|
|
$ Escrow for |
$ |
$ |
$ |
* Unless otherwise ordered by the court, the amounts listed on a compliant proof of claim or a Notice filed under FRBP 3002(c) control over any contrary amounts above, and any Notice of Payment Change that might be filed to amend the ongoing monthly payment amount.
** The Gap will be calculated from the payment amounts reflected in the Official Form 410A Mortgage Proof of Claim Attachment and any Notice of Payment Change that might be filed to amend the monthly payment amount, but should not be included in the prepetition arrears amount.
All payments due to the Mortgage Creditor as described in any allowed Notice of Post-petition Mortgage Fees, Expenses, and Charges under F.R.B.P. 3002.1, filed with the Court, will be paid by the Trustee, on a pro rata basis as funds are available. See the Operating Order of the Judge assigned to this case.
Once the trustee has filed a Notice of Final Cure under F.R.B.P. 3002.1(f), the debtor shall be directly responsible for ongoing mortgage payments and any further post-petition fees and charges.