CACB — Instructions for Mortgage Proof of Claim Attachment

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/b_410A.pdf

Official Form 410A Instructions for Mortgage Proof of Claim Attachment United States Bankruptcy Court 10/20

Introduction Directions This form is used only in individual debtor cases. When required to be filed, it must be attached to Definition Proof of Claim (Official Form B410) with other This form must list all transactions on the claim documentation required under the Federal Rules from the first date of default to the petition date. of Bankruptcy Procedure. The first date of default is the first date on which the borrower failed to make a payment in accordance with the terms of the note and Applicable Law and Rules mortgage, unless the note was subsequently brought current with no principal, interest, fees,Rule 3001(c)(2)(A) of the Federal Rules of escrow payments, or other charges immediatelyBankruptcy Procedure requires for the payable.bankruptcy case of an individual that any proof of claim be accompanied by a statement itemizing any interest, fees, expenses, and Information required in Part 1: Mortgage and charges that are included in the claim. Case Information

Insert on the appropriate lines:Rule 3001(c)(2)(B) requires that a statement of

the amount necessary to cure any default be filed the case number; with the claim if a security interest is claimed in the names of Debtor 1 and Debtor 2;the debtor’s property. the last 4 digits of the loan account number If a security interest is claimed in property that is or any other number used to identify the the debtor’s principal residence, account; Rule 3001(c)(2)(C) requires this form to be filed with the proof of claim. The form implements the creditor’s name; the requirements of Rule 3001(c)(2)(A) and (B). the servicer’s name, if applicable; and If an escrow account has been established in the method used to calculate interest on the connection with the claim, Rule 3001(c)(2)(C) debt (i.e., fixed accrual, daily simple also requires an escrow statement to be filed with interest, or other method). the proof of claim. The statement must be prepared as of the date of the petition and in a form consistent with applicable nonbankruptcy law.

Official Form 410A Mortgage Proof of Claim Attachment page 1

Information required in Part 2: Total Debt installment payments should not be included in Calculation this figure. Insert: Insert the amount of fees and costs outstanding the principal balance on the debt; as of the petition date. This amount should equal the Fees/Charges balance as shown in the last the interest due and owing; entry in Part 5, Column P. any fees or costs owed under the note or Insert any escrow deficiency for funds advanced. mortgage and outstanding as of the date of This amount should be the same as the amount the bankruptcy filing; and of escrow deficiency stated in Part 2. any Escrow deficiency for funds advanced— that is, the amount of any prepetition Insert the Projected escrow shortage as of the payments for taxes and insurance that the date the bankruptcy petition was filed. The servicer or mortgagee made out of its own projected escrow shortage is the amount the claimant asserts should exist in the escrow funds and for which it has not been account as of the petition date, less the amount reimbursed. actually held. The amount actually held should equal the amount of a positive escrow accountIf the secured debt has merged into a prepetition balance as shown in the last entry in Part 5,judgment, the principal balance on the debt is the Column O.remaining amount of the judgment. Any post- judgment interest due and owing, fees and costs, This calculation should result in the amountand escrow deficiency for funds advanced shall necessary to cure any prepetition default on thebe the amounts that are collectible under note or mortgage that arises from the failure ofapplicable law. the borrower to satisfy the amounts required Also disclose the Total amount of funds on hand. under the Real Estate Settlement Practices Act This amount is the total of the following, if (RESPA). The amount necessary to cure should applicable: include 1/6 of the anticipated annual charges against the escrow account or 2 months of the a positive escrow balance, monthly pro rata installments due by the unapplied funds, and borrower as calculated under RESPA guidelines. The amount of the projected escrow shortage amounts held in suspense accounts. should be consistent with the escrow account statement attached to the Proof of Claim, asTotal the amounts owed—subtracting total funds required by Rule 3001(c)(2)(C).on hand—to determine the total debt due.

Insert the amount of funds on hand that areInsert this amount under Total debt. The amount

unapplied or held in a suspense account as of theshould be the same as the claim amount that you petition date.report on line 7 of Official Form 410.

Total the amounts due listed in Part 3,

Information required in the Part 3: Arrearage subtracting the funds on hand, and insert the as of the Date of Petition calculated amount in Total prepetition arrearage. This should be the same amount asInsert the amount of the principal and interest “Amount necessary to cure any default as of theportion of all prepetition monthly installments date of the petition” that your report on line 9 ofthat remain outstanding as of the petition date. Official Form 410.The escrow portion of prepetition monthly

Official Form 410A Mortgage Proof of Claim Attachment page 2

Information required in Part 4: Monthly For (1) all subsequently accruing installment Mortgage Payment payments; (2) any subsequent payment received; (3) any fee, charge, or amount incurred; andInsert the principal and interest amount of the (4) any escrow charge satisfied since the date offirst postpetition payment. first default, enter the information in date order, showing:Insert the monthly escrow portion of the monthly payment. This amount should take into account the amount paid, accrued, or incurred; the receipt of any amounts claimed in Part 3 as a description of the transaction;escrow deficiency and projected escrow shortage. Therefore, a claimant should assume the contractual due date, if applicable; that the escrow deficiency and shortage will be paid through a plan of reorganization and how the amount was applied or assessed; provide for a credit of a like amount when and calculating postpetition escrow installment the resulting principal balance, accrued payments. interest balance, escrow balance, outstanding fees or charges balance, and theClaimants should also add any monthly private total unapplied funds held or in suspense.mortgage insurance amount.

If more space is needed, fill out and attach asInsert the sum of these amounts in Total monthly

many copies of Mortgage Proof of Claimpayment. Attachment: Additional Page as necessary.

Information required in Part 5: Loan Payment History from the First Date of Default

Beginning with the First Date of Default, enter: the date of the default in Column A; amount incurred in Column D; description of the charge in Column E; principal balance, escrow balance, and unapplied or suspense funds balance as of that date in Columns M, O, and Q, respectively.

Official Form 410A Mortgage Proof of Claim Attachment page 3

Mortgage Proof of Claim Attachment (12/23) If you file a claim secured by a security interest in the debtor’s principal residence, you must use this form as an attachment to your proof of claim. See separate instructions.

Part 1: Mortgage and Case Information Part 2: Total Debt Calculation Part 3: Arrearage as of Date of the Petition Part 4: Monthly Mortgage Payment Case number: ____________________ Principal balance: __________ Principal due: ____________ Principal & interest: _____________ Debtor 1: ____________________ Interest due: __________ Interest due: ____________ Monthly escrow: _____________ ____________ Private mortgage Debtor 2: Fees, costs due: Prepetition fees due: ____________________ __________ insurance: _____________ Escrow deficiency for Escrow deficiency for funds Total monthly Last 4 digits to identify: ___ ___ ___ ___ _____________ funds advanced: __________ advanced: ____________ payment: Creditor: ____________________ Less total funds on hand: – _________ Projected escrow shortage: ____________ Servicer: ____________________ Total debt: __________ Less funds on hand: – ___________ Fixed accrual/daily Total prepetition arrearage: ____________ simple interest/other: ____________________

Part 5 : Loan Payment History from First Date of Default Account Activity How Funds Were Applied/Amount Incurred Balance After Amount Received or Incurred A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. Date Contractual Funds Amount Description Contractual Prin, int & Amount Amount Amount Amount Unapplied Principal Accrued Escrow Fees / Unapplied payment received incurred due date esc past due to to to to fees or funds balance interest balance Charges funds amount balance principal interest escrow charges balance balance balance

Official Form 410A Mortgage Proof of Claim Attachment page 1 of __

Mortgage Proof of Claim Attachment: Additional Page (12/23)

Case number: Debtor 1:

Part 5 : Loan Payment History from First Date of Default Account Activity How Funds Were Applied/Amount Incurred Balance After Amount Received or Incurred A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. Date Contractual Funds Amount Description Contractual Prin, int & Amount Amount Amount Amount Unapplied Principal Accrued Escrow Fees / Unapplied payment received incurred due date esc past due to to to to fees or funds balance interest balance Charges funds amount balance principal interest escrow charges balance balance balance

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