1. Servicers must file a
proof of claim before the trustee will disburse post-petition conduit
payments. Servicers must attach the “Addendum to Ch. 13 Proof
of Claim for Residential Home Mortgage Debt Paid Through the Ch. 13
Trustee” form.
2. Servicers
must notify the trustee, debtor and debtor’s counsel 45 days prior
to the effective date of any change to a post-petition payment amount,
including escrow changes and interest rate changes in a document that
conforms with either the “Notice of Payment Change Due to Escrow
Analysis” or “Notice of Change in Payment Amount due to
Variable Rate Change” forms. [An exception to this
requirement is available if the interest rate or payment term is subject
to frequent changes that make compliance with this requirement
impracticable or burdensome. Note: The servicer MUST file a
“Motion to Exempt from Compliance” in order to
apply.]
3. Servicers must notify the
trustee, debtor and debtor’s counsel at least 45 days prior to a
change in the servicer’s name or address in a document that
conforms to the “Notice of Transfer of Servicing and Claim”
form.
4. Servicers must notify the
trustee, debtor and debtor’s counsel within 30 days after any
post-petition advance, fee or charge is incurred in a document that
conforms to the “Real Property Creditor’s Notice of Advance
or Other Contractual Expense” form.
5. Servicers must submit to the
trustee, debtor and debtor’s counsel on or before January 10 of
every year during the pendency of debtor’s Chapter 13 proceeding a
12-month loan transaction history in a document that conforms to the
“Model Mortgage Payment History” form.
6. Servicers must mail the
trustee a copy of ALL correspondence, notices, statements, payment
coupons, escrow notices, etc. concerning any change in the payment
amount.
