An Order granting motion to determine final cure and payment (mortgagee's response agrees with trustee's notice) is a document issued by a court that grants a motion to resolve a dispute between a mortgagee and a trustee regarding the payment of a mortgage debt. This document is used when the mortgagee has responded to the trustee's notice of default and agrees to the terms proposed by the trustee, thus allowing the court to determine the final cure and payment due. This document will typically include the amount due, the payment terms, the interest rate, and any applicable fees or penalties. There are two types of Order granting motion to determine final cure and payment (mortgagee's response agrees with trustee's notice): an Order granting motion to cure and an Order granting motion to determine payment. An Order granting motion to cure is used when the mortgagee agrees to the cure amount proposed by the trustee and is willing to make the necessary payments to remedy their default. An Order granting motion to determine payment is used when the mortgagee agrees to the payment amount proposed by the trustee and is willing to make the necessary payments to satisfy the debt.
Order granting motion to determine final cure and payment (mortgagee's response agrees with trustee's notice)
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Once you have paid off all of your chapter 13 bankruptcy debts, you will go to the bankruptcy court for one last hearing ? your discharge hearing. You have the option of directing your attorney to attend the hearing in your place. The bankruptcy judge will review all of your case details.
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
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 the trustee files a Notice of Final Cure Payment, the creditor should respond regardless of whether the debtor is current or if relief is obtained. If you fail to do this, it is at your own risk.
While Chapter 7 eliminates all your debt, Chapter 13 is a repayment plan. Once you file, you'll work with a trustee to come up with a court-approved payment plan. You pay the trustee, who then pays your creditors. No more creditors calling or sending intimidating letters.
Overview. 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.
Stopping the Foreclosure Process Once the foreclosure process has started, a property owner, or another lienholder, may stop the process by ?curing? the default. A written Notice of Intent to Cure must be filed with the Public Trustee's Office no later than 15 days prior to the scheduled sale date.
Cure Amounts means all amounts, costs and expenses required by the Bankruptcy Court to cure all defaults and other amounts outstanding under the Assumed Contracts and Additional Assumed Contracts to the extent required so that they may be assumed by the applicable Selling Entities and assigned to Buyer pursuant to