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Notice of Postpetition Mortgage Fees, Expenses and Charges
Thanks. The one I received is specifically requesting $500 in attorneys'
fees for the preparation of the initial Proof of Claim.
I'm not planning on objecting to the claim, but I'm just wondering if the
debtor needs to do anything in order to get this claim paid through the
plan... I don't want the Notice of Postpetition Fees to trigger late fees
and penalties, etc..
Clifford Bordeaux
Bordeaux Law, P.C.
3731 Wilshire Boulevard, Suite 600
Los Angeles, CA 90010
T: 323-762-5529
T: 626-405-2345
F: 626-628-1820
E: cliff@bordeauxlaw.com
On Tue, May 6, 2014 at 9:50 AM, Peter M. Lively
wrote:
>
>
> Cliff,
>
> When my clients receive these, they usually relate to the change
> in variable rate note payments and escrow payments.
>
> My experience is that when the amount of arrears changes, the lender files
> an amended POC.
>
>
> Peter M. Lively, J.D., M.B.A.
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310)
> 391-2462
> On Monday, May 5, 2014 6:38 PM, "cliff@bordeauxlaw.com" cliff@bordeauxlaw.com> wrote:
>
> FRBP 3002.1 requires mortgage lenders to file a Notice of Postpetition
> Mortgage Fees, Expenses and Charges in order to request payment of
> postpetition fees, etc. When they do so, does the Chapter 13 trustee add
> this to the arrearage claim and pay it through the plan? Or is the debtor
> supposed to somehow pay the fees directly to the lender?
>
>
>
>
>
Thanks. The one I received is specifically requesting $500 in attorneys' fees for the preparation of the initial Proof of Claim. I'm not planning on objecting to the claim, but I'm just wondering if the debtor needs to do anything in order to get this claim paid through the plan... I don't want the Notice of Postpetition Fees to trigger late fees and penalties, etc..
Clifford BordeauxBordeaux Law, P.C.3731 Wilshire Boulevard, Suite 600Los Angeles, CA 90010T: 323-762-5529T: 626-405-2345
F: 626-628-1820E: cliff@bordeauxlaw.com
On Tue, May 6, 2014 at 9:50 AM, Peter M. Lively <petermlively2000@yahoo.com> wrote:
The post was migrated from Yahoo.
Cliff,
When my clients receive these, they usually relate to the change invariable rate notepayments and escrowpayments.
My experience is that when the amount of arrears changes, the lender files an amended POC.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Monday, May 5, 2014 6:38 PM, "cliff@bordeauxlaw.com" wrote:
FRBP 3002.1 requires mortgage lenders to file aNotice of Postpetition Mortgage Fees, Expenses and Charges in order to request payment of postpetition fees, etc. When they do so, does the Chapter 13 trustee add this to the arrearage claim and pay it through the plan? Or is the debtor supposed to somehow pay the fees directly to the lender?
The post was migrated from Yahoo.