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Mortgage Claim Events (Rule 3002.1)
Last Updated: December 1, 2025

11 U.S.C.
Fed. R. Bank. P. 3002.1

The following procedures offer a detailed summary of the processes necessary to comply with Rule 3002.1.

For specific filing instructions related to any Motion or Notice, select the desired pleading to access a page containing comprehensive filing guidance. convenient links to all required forms are also provided.

Motion to Determine the Status of the Mortgage Claim

  1. Form Required:
    1. Motion: Official Form 410C13-M1
    2. Creditor Response: Official Form 410C13-M1R
  2. Who May File: Trustee or Debtor
  3. Timing: Anytime before trustee files final disbursement notice Official Form 410C13-N
  4. Served On:
    1. Debtor (if filed by Trustee)
    2. Trustee (if filed by Debtor)
    3. Creditor
  5. Creditor Response Deadline: 28 days after motion served

Trustee's Notice of Disbursements/Payments Made (formerly "Notice of Final Cure Mortgage Payment")

  1. Form Required:
    1. Trustee Notice: Official Form 410C13-N
    2. Creditor Response: Official Form 410C13-NR
  2. Filing Trigger: When debtor completes all plan payments
  3. Deadline: Trustee must file notice within 45 days after debtor completes all plan payments.
  4. Served On:
    1. Creditor
    2. Debtor
    3. Debtor's Attorney
  5. Creditor Response Deadline: 28 days after service

Motion to Determine Final Cure and Mortgage Payment

  1. Form Required:
    1. Motion: Official Form 410C13-M2
    2. Creditor Response: Official Form 410C13-M2R
  2. Who May File: Trustee or Debtor
  3. Deadline: Anytime Must file within 45 days of:
    1. Creditor's Response to Official Form 410C13-N
    2. Or, if no response, within 45 days of the Trustee's original notice
  4. Served On:
    1. Same parties as other motions
  5. Creditor Response Deadline: 28 days

Notice of Mortgage Payment Change

  1. Form Required:
    1. Official Form 410S1 (Amended on 12/25)
  2. Filing Trigger: Any change in monthly mortgage payment (escrow, interest rate, etc.)
  3. Deadline: Must be filed and served at least 21 days before the new payment is due
  4. Served On:
    1. Debtor
    2. Debtor's Attorney
    3. Trustee
  5. Effect of Late Filing:
  6. If Increase: Effective 21 days after actual filing
  7. If Decrease: Effective Immediately
  8. Note: If the loan is a Home-Equity line of credit (HELOC) a special annual filing rule applies under Rule 3002.1(b)(2)

Notice of Postpetition Mortgage Fees, Expenses and Charges

  1. Form Required:
    1. Official Form 410S2
  2. Filing Trigger: When creditor assesses post-petition fees (inspection, late charges, attorney fees, etc.) 
  3. Deadline: Must be filed and served within 180 days after the charge is incurred
  4. Served On:
    1. Debtor
    2. Debtor's Attorney
    3. Trustee
  5. Response Option: 28 days after motion served
  6. Time Limit to Object: Must file motion within 1 year of notice being served 
  7. Effect of No Objection: fees are presumed allowed


Penalties for Non-Compliance (Rule 3002.1(h))

  1. If the creditor fails to file required notices or respond, the court may exclude evidence, award fees, or issue sanctions.

 

UPDATES:

11/26/2025 Page Origination