(2) Bankruptcy notices. The statement that is periodic include the annotated following:
(i) a declaration distinguishing the buyer’s status as being a debtor in bankruptcy or the discharged status of this home loan; and
(ii) a declaration that the regular declaration is for informational purposes just.
(3) Chapter 12 and chapter 13 consumers. The requirements of this section are subject to the following modifications in addition to any other provisions of this paragraph (f) that may apply, with regard to a mortgage loan for which any consumer with primary liability is a debtor in a chapter 12 or chapter 13 bankruptcy case
1. Pre-petition re payments and post-petition re re payments. I. For purposes of § f that is 1026.41(3), pre-petition payments are re payments designed to cure the buyer’s pre-bankruptcy defaults, and post-petition payments are re payments meant to match the real estate loan’s regular re payments while they come due after the bankruptcy instance is filed. As an example, assume a customer is $3,600 in arrears at the time of the bankruptcy filing date on home financing loan needing monthly regular payments of $2,000. The buyer’s of late filed bankruptcy plan calls for the buyer in order to make re re payments of $100 every month for three years to cover the pre-bankruptcy arrearage, and $2,000 every month to meet the month-to-month regular payments. Presuming the buyer makes the re re payments in accordance with the plan, the $100 re re payments will be the pre-petition payments and the $2,000 re payments would be the post-petition re re payments for purposes regarding the disclosures required under § 1026.41(f)(3).
Ii. The disclosures under § 1026.41(d)(1) and (2) and (f)(3)(ii) and (iii) may disclose either the amount payable under the original terms of the mortgage loan, the amount payable under the remaining secured portion of the adjusted mortgage loan, or a statement that the consumer should contact the trustee or the consumer’s attorney with any questions about the amount payable if a consumer is a debtor in a case under chapter 12 or if a consumer’s bankruptcy plan modifies the terms of the mortgage loan, such as by reducing the outstanding balance of the mortgage loan or altering the applicable interest rate. In these instances, the residual disclosures under § 1026.41(d) or (f)(3), as relevant, can be restricted to just how repayments are placed on the staying guaranteed part of the adjusted real estate loan.
2. Post-petition costs and costs. For purposes of § 1026.41(f)(3), post-petition charges and fees are the ones costs and fees imposed following the bankruptcy situation is filed. Towards the level that the court overseeing the buyer’s bankruptcy instance calls for such charges and costs become included being an amendment to a servicer’s evidence of claim, a servicer can sometimes include such costs and costs within the stability associated with pre-petition arrearage under § 1026.41(f)(3)(v)(C) as opposed to treating them as post-petition costs and costs for purposes of § f that is 1026.41(3).
3. First declaration after exemption terminates. Section § 1026.41(f)(3 iii which are)( The disclosure of certain information regarding account activity that has occurred since the last statement through(v) requires, in part. For purposes associated with the first regular declaration provided towards the customer after termination of an exemption under § 1026.41(e), those disclosures regarding account task which includes taken place considering that the final declaration can be restricted to account task considering that the final payment deadline that happened even though the exemption was at effect. See remark 41(d)-5.
(i) needs perhaps perhaps maybe not relevant. As well as omitting the info established in paragraph (f)(1) of the area, the regular statement could also omit the info established in paragraphs (d)(8)(iii), (iv), (vi), and (vii) of the part.
(ii) Amount due. The quantity due information set forth in paragraph (d)(1) with this area might be limited by the date and quantity of the post-petition re payments due and any post-petition charges and costs imposed because of the servicer.
1. Amount due. The quantity due under § 1026.41(d)(1) is not needed to incorporate any quantities except that post-petition re re re payments the buyer is needed to make beneath the terms of a bankruptcy plan, including any previous post-petition that is due, and post-petition charges and fees that a servicer has imposed. The servicer isn’t needed relating to the quantity due any pre-petition re re re payments due under a bankruptcy plan or any other quantities payable pursuant to a court purchase. The servicer isn’t needed to incorporate in the quantity any that is due costs and charges that the servicer has not yet imposed. A servicer that defers gathering a cost or fee until after complying with all the Federal Rule of Bankruptcy Procedure 3002.1 procedures, and so after having a possible court determination on whether or not the cost or cost is permitted, is not needed to reveal the fee or fee until complying with such procedures. But, a servicer can sometimes include into the amount due other quantities as a result of the servicer that aren’t payments that are post-petition costs or fees, such as for instance amounts due under an agreed order, offered those other quantities will also be disclosed within the description of amount due and deal task.
(iii) Explanation of amount due. The description of quantity due information set forth in paragraph (d)(2) for this area might be restricted to:
1. Explanation of amount due. The reason of quantity due under § 1026.41(d)(2) is not installment loans de needed to incorporate any quantities aside from the post-petition re payments, such as the number of any previous post-petition that is due and post-petition costs and fees that a servicer has imposed. Consistent with § 1026.41(d)(3 i) this is certainly)( the post-petition re re re payments needs to be separated by the amount, if any, which will be used to major, interest, and escrow. The servicer is not needed to reveal, included in the description of quantity due, any payments that are pre-petition the total amount of the buyer’s pre-bankruptcy arrearage. Nevertheless, a servicer may recognize other quantities as a result of the servicer offered those quantities will also be disclosed within the amount due and transaction task. See remark 41(d)-4.
(A) The post-petition that is monthly quantity, including a dysfunction showing simply how much, if any, is going to be used to principal, interest, and escrow;
(B) The total amount of any post-petition fees or costs imposed because the statement that is last and
(C) Any post-petition re re re payment quantity overdue.