A Motion to determine final cure and payment (mortgagee filed to respond to trustee's notice) is a legal document filed by a mortgagee in response to a trustee's notice. This motion is used to determine the final balance due on a mortgage, including any costs or fees that must be paid to the lender in order to fully cure the mortgage. It also requests an order from the court for the trustee to make a payment of the full balance due on the property. Depending on the jurisdiction, there may be different types of motions, such as a motion to compel the trustee to release funds, a motion to modify the terms of the mortgage, or a motion to enforce the terms of the mortgage.
Motion to determine final cure and payment (mortgagee filed to respond to trustee's notice)
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Description
Motion to determine final cure and payment (mortgagee filed to respond to trustee's notice)
Definition and meaning
The Motion to Determine Final Cure and Payment is a legal document filed by a debtor in bankruptcy proceedings. This motion is used to confirm that the debtor has fully cured any default under a residential mortgage loan. Specifically, it asserts that all postpetition amounts due as of a particular date have been paid in full. This motion is usually prompted by a notice from the trustee, ensuring that the mortgage lender acknowledges the debtor's compliance with the mortgage obligations.
How to complete the form
When filling out the Motion to Determine Final Cure and Payment, follow these steps:
- Provide your information as the debtor, including your name and case number.
- Specify the date when the default was cured and ensure it is accurate.
- Identify the holder of the residential mortgage loan.
- Include the date the trustee provided notice to the holder, which is required under Fed. R. Bankr. P. 3002.1(f).
- Reference the holder's response and confirm that they have acknowledged the cure of the default.
Make sure to also include relevant additional allegations supporting your claim.
Who should use this form
This form is intended for individuals who are in Chapter 13 bankruptcy and have brought their mortgage payments current after a default. Debtors who wish to confirm with the court and the mortgage holder that they have satisfactorily made all required payments and that no remaining amounts are due should file this motion.
Legal use and context
The Motion to Determine Final Cure and Payment is commonly used in bankruptcy cases under Chapter 13, where debtors have more flexible terms to manage their debts. This motion helps clarify the debtor's standing with regard to mortgage obligations and ensures that they are in compliance with the terms set by the court.
Key components of the form
This motion generally includes the following components:
- The debtor's name and case number
- The name of the mortgage holder
- The date of the default cure
- A statement of the trustee's notification to the mortgage holder
- Details of the mortgage holder's acknowledgment
These components are essential to provide the necessary legal clarity and validation to the court.
Common mistakes to avoid when using this form
When completing the Motion to Determine Final Cure and Payment, be mindful of the following:
- Double-check all dates for accuracy.
- Ensure all required signatures are included.
- Do not omit essential details regarding payments made.
- Keep a copy of your document for your records before filing.
Taking these precautions can help avoid potential delays or complications in your case.
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In addition, aliens must follow the following formalities: Use Form I-290B, notice of appeal, or motion. Submit the motion within 30 days of the decision to be rescinded. Send the reopening motion to the address indicated by USCIS. If you get the address wrong, the motion will be returned. Pay the filing fee of $675.
$675. You may pay the fee with a money order, personal check, cashier's check or pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
Motion to Reopen Processing Time You can expect a response from the USCIS office within 90 days of filing your motion. This, like the USCIS appeal processing time, may be shortened, but it is more often extended.
(d) Amount of Payment ? The filing fee, in all cases in which a fee is required except for a practitioner's appeal from a decision in disciplinary proceedings, is $110 and must be paid in the precise amount.
In all cases, the immigration judge will issue a decision on a fee waiver request in writing or on the record. (1) Motions to reopen or reconsider - When a filing fee is required, the fee for motions to reopen or reconsider is $145.
Creditors must file a response to the notice of final cure payment within 21 days after service of the notice. This response will state whether the creditor agrees that all arrears have been paid. The response will also state whether any post-petition amounts under the mortgage loan remain unpaid.
Cure Payment means the payment of Cash or the distribution of other property (as the parties may agree or the Bankruptcy Court may order) that is necessary to cure any and all defaults under an executory contract or unexpired lease so that such contract or lease may be assumed, or assumed and assigned, pursuant to