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"Other" language for real property Ch. 13s
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I included it as an attachment. Here it is
1. Confirmation of this plan shall impose a duty on any creditor
and/or servicer, that files a claim secured by liens on real property,
to notify in writing the Trustee, the Debtor(s), and the attorney for
the Debtor(s), of any changes in the interest rate for an adjustable
rate mortgage, the effective date of the adjustment; and/or any change
in the taxes and insurance that would either increase or reduce the
escrow portion of the monthly mortgage payment. No change or adjustment
in the monthly mortgage payments shall be effective until proper notice
is given as provided for herein.
2. Creditor and/or its servicer shall apply the direct mortgage
payments paid by the debtor to the month in which they were made,
whether or not such payments are immediately applied to the loan or
placed into some type of suspense account. The payments disbursed by
the trustee to the creditor and/or its servicer shall be applied and
credited to the amount necessary to cure the pre-petition default, which
shall be referred to as the "arrears" for the purposes of this plan.
The arrears shall be the amount specifically itemized in the creditor
and/or its servicer's proof of claim, provided the amounts are
authorized and properly assessed under the terms of the note and
mortgage, unless the debtors at any time dispute that amount, in which
case the arrears will be the amount ultimately decided by the Court or
agreed to by the parties. In order for a creditor and/or its servicer
to charge the debtor's loan for post-petition costs or services it shall
first provide notice to the debtor, the debtor's attorney and the
Trustee of such fees. If no such notice is provided, the creditor
and/or its servicer shall be prohibited from assessing said fees to the
loan both during and after the pendency of this case. No payments
received during this case by creditor and/or its servicer from the
Debtor(s), or the Trustee, shall be applied and credited except as
directed and required by this plan.
3. Upon completion of the payment of the arrears, the Debtor(s)'
mortgage account shall be deemed current as to the pre-petition default
and will be reinstated on the original payment schedule under the note
and mortgage as if no pre-petition default had ever occurred.
4. Debtor(s) retain and reserve for themselves, the estate, and
the Chapter 13 Trustee, any and all pre-petition and post-petition
claims that they could or might assert against any party or entity
arising under any state or federal law and nothing in this Plan, or in
the Schedules, shall be deemed a waiver of any such claims or causes of
action.
5. Confirmation of this plan does not bar a party in interest
from objecting to any proof of claim that is not filed in strict
compliance with Federal Bankruptcy Rules 3001 or 3002. Furthermore, to
the extent a filed proof of claim is inconsistent with this Plan, or
with any of the Schedules or Statements filed in this case, the
Debtor(s) reserve the right to object and to pursue all legal claims
related to, or arising out of, the transactions giving rise to said
claim(s).
Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
eclark@BLClaw.com
www.BLClaw.com
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addressed herein.
________________________________
The post was migrated from Yahoo.
Where's what you're using?
To:
Sent: Wednesday, January 30, 2008 6:59 PM
Subject: RE: [cdcbaa] "Other" language for real property Ch. 13s
> Here's what we're using. Any questions feel free to call
>
> Erik Clark
> Borowitz, Lozano & Clark, LLP
> 100 N. Barranca Avenue, Suite 250
> West Covina, CA 91791
> Office: (626) 332-8600
> Fax: (626) 332-8644
>
> Privileged/Confidential Information may be contained in this message. If
> you are not the addressee indicated in this message (or responsible for
> delivery of the message to such person), you may not copy or deliver this
> message to anyone. In such case, you should destroy this message and
> kindly notify the sender by reply email. Please advise immediately if you
> or your employer does not consent to Internet email for messages of this
> kind. Opinions, conclusions and other information in this message that do
> not relate to the official business of my firm shall be understood as
> neither given nor endorsed by it.
>
> IRS Circular 230 Disclosure: To ensure compliance with Treasury Department
> Regulations, we advise you that, unless otherwise expressly indicated, any
> federal tax advice contained in this communication was
> not intended or written to be used, and cannot be used, for the purpose of
> (i) avoiding tax-related penalties under the Internal Revenue Code or
> applicable state or local tax law provisions or (ii) promoting, marketing
> or recommending to another party any tax-related matter addressed herein.
>
> ________________________________
>
> Sent: Wed 1/30/2008 5:05 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] "Other" language for real property Ch. 13s
>
>
>
> What's the latest, best language we're putting into the "other" section of
> the Ch. 13 Plans in mortgage arrear-curing cases to make sure that once
> all plan payments are made, upon entry of discharge the loans will be
> fully reinstated?
>
> ______________________
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency
> ___________
> NOTICE: This Electronic Message contains information from the law office
> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that
> any disclosure, copy, distribution or use of the contents of this message
> is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be
> used, and cannot be used, for the purpose of (i) avoiding penalties under
> the Internal Revenue Code or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed in this communication
> (or in any attachment).
>
>
>
>
>
> Yahoo! Groups Links
>
>
>
>
The post was migrated from Yahoo.
Here's what we're using. Any questions feel free to call
Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer does not consent to Internet email for messages of this kind. Opinions, conclusions and other information in this message that do not relate to the official business of my firm shall be understood as neither given nor endorsed by it.
IRS Circular 230 Disclosure: To ensure compliance with Treasury Department Regulations, we advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication was
not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions or (ii) promoting, marketing or recommending to another party any tax-related matter addressed herein.
________________________________
The post was migrated from Yahoo.
What's the latest, best language we're putting into the "other" section of the Ch. 13 Plans in mortgage arrear-curing cases to make sure that once all plan payments are made, upon entry of discharge the loans will be fully reinstated?
______________________
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
___________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).
What's the latest, best language we're putting into
the "other" section of the Ch. 13 Plans in mortgage arrear-curing cases to make
sure that once all plan payments are made, upon entry of discharge the loans
will be fully reinstated?
______________________Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173 (818)509-1460 (fax)web: http://www.bklaw.com/This Firm is aQualified Federal Debt Relief Agency___________NOTICE: This Electronic
Message contains information from the law office of Mark J. Markus that may be
privileged. The information is intended for the use of the addresseeonly. If you are not the addressee, note that any disclosure, copy,
distribution or use of the contents of this message is prohibited.IRS
CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS,
we inform you that any U.S. tax advice contained in this communication (or in
any attachment) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any transaction or
matter addressed in this communication (or in any
attachment).
The post was migrated from Yahoo.