Rule 3002.1

What is it?

Rule 3002.1 is fairly new having been enacted only in 2011 to address a problem that was becoming all too familiar to those who succeeded in finishing their chapter 13 plans - mortgage lenders claiming that the payment had changed during the plan, and that the consumer now owed their lender back payments, sometimes amounting to thousands.

What Rule 3002.1 does is require mortgage lenders to do two important things:

 

     1) file a notice with the court any time your mortgage payment changes

     2) file a response to the trustee announcing final cure of all required payments are made stating any amounts that were owed at the end of the chapter 13 plan.

Notice of Mortgage Payment Change

Many mortgage lenders plainly do not follow the first requirement.  When they don't, they're collecting funds from you for those increased payments that they have no right to collect.  This is a violation of the automatic stay which protects you during the bankruptcy case.  You can still sue for violation of the stay even after your case has ended, there is no statute of limitations for pursuing a stay violation. 

Response to Final Cure Notice

Some mortgage lenders sign these responses without calculating the amounts correctly.  Some mortgage lenders send these in stating nothing is owed and then send you collection notices claiming you owe them amounts from during your bankruptcy.  If your lender says you owe amounts after your case, don't take it lying down.  These mistakes open your mortgage lender up to liability for violation of your discharge if they are wrong.