CACB — [No hearing -- LBR 9013-1(p)]

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/LMM%206a.MOTION.TRIAL_.MODIFICATION.pdf

Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & FOR COURT USE ONLY Email Address

Individual appearing without attorney
Attorney for:

UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA - SELECT DIVISION DIVISION

In re: CASE NO.: CHAPTER: Select Chapter

MOTION AND NOTICE OF MOTION TO APPROVE TRIAL LOAN MODIFICATION AGREEMENT UNDER LMM PROCEDURES

[No hearing -- LBR 9013-1(p)]

Debtor(s).

TO ALL PARTIES ENTITLED TO NOTICE, PLEASE TAKE NOTICE THAT:

1. Movant(s) are fling a Motion to Approve Trial Loan Modification Agreement Under LMM Procedures (“Motion”).

2. Movant(s) requests that the court grant the Motion without a hearing as provided for LBR 9013-1(p) which, in addition in addition to notice via Notice of Electronic Filing, requires the motion to be served on additional parties as specified in the Loan Modification Management Program Procedures.

3. The motion is based upon the legal and factual grounds set forth in the Motion, which is attached to this notice.

4. Movant will promptly lodge an order that the court may use to rule on the Motion, as the court may rule on the Motion without a hearing and without an opportunity for any party to file a request for a hearing,

   Respectfully submitted,

   SIGN

Date: . Signature of Movant or attorney for Movant

.

Printed name of Movant or attorney for Movant

This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

January 2024 Page 1 LMM 6a.MOTION.TRIAL.MODIFICATION

MOTION TO APPROVE TRIAL LOAN MODIFICATION AGREEMENT

1. PARTIES: Debtor(s) in this bankruptcy case are in possession of real property located at (“Eligible Property”) that is the subject of this court’s Loan Modification Management

Program (“LMM”). Servicer (“Creditor”) is the servicer of loan # (last 4 digits) (“Eligible Loan”) that is secured by the Eligible Property, specifically a (insert first/second/third) deed of trust on the Eligible Property.

2. TRIAL AGREEMENT: Creditor and Debtor(s) have entered into a Trial Loan Modification Agreement (the “Trial Modification”) regarding the Eligible Loan. A summary of the terms of the Trial Modification are: a. Duration: The Trial Modification period is for months (“Trial Period”), with the first payment due on (insert date) and the final payment due on (insert date). b. Monthly Payment: Total of $ (the “Trial Payments”), which includes $ for principal, $ for taxes and insurance, and $ for other items. c. TPP Document: Attached as Exhibit A is a copy of the TPP document or a summary hat contains information to support the Trial Modification.

3. AFTER TRIAL PERIOD: Pursuant to the LMM Procedures (Stage Three, section III.C.), all parties understand and agree that when a Debtor satisfies all obligations under the Trial Modification, the following provisions apply: a. Permanent Modification. The Creditor will offer the Debtor a permanent loan modification within 30-days of the due date of the final Trial Payment. b. Ongoing Payments. The Debtor will continue making the Trial Payment on the same day of each month as in the Trial Period, and continue payments until the start date of a permanent modification. c. Status Reports. If in good faith the Creditor is unable to offer a permanent loan modification within 30-days after the Trial Period ends, the Creditor must submit a status report into the LMM Portal within 30-days of the due date of the final Trial Payment, and every 30-days until the parties enter into either a permanent loan modification or a LMM resolution that does not involve loan modification.

4. DECLARATION: Movant declares under penalty of perjury under the laws of the State of California that the facts asserted in this Motion are true and correct.

5. WHEREFORE, Movant requests that the court grant the Motion and approving the Trial Modification.

Date: Printed name of Movant

SIGN

Signature of Movant

Printed name of Attorney for Movant

SIGN

Signature of Attorney for Movant

ADDITIONAL SIGNATURES (if applicable) Printed name of Borrower Who Did Not File Bankr. Case

SIGN

Signature of Borrower Who Did Not File Bankr. Case

This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

January 2024 Page 2 LMM 6a.MOTION.TRIAL.MODIFICATION

PROOF OF SERVICE OF DOCUMENT

I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:

A true and correct copy of the foregoing document entitled: MOTION AND NOTICE OF MOTION TO APPROVE TRIAL LOAN MODIFICATION AGREEMENT UNDER LMM PROCEDURES will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated below:

1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date) , I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the

following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below:

Service information continued on attached page

2. SERVED BY UNITED STATES MAIL: On (date) , I served the following persons and/or entities at the last known addresses in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.

   Service information continued on attached page

3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) , I served the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is filed.

   Service information continued on attached page

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

SIGN

Date Printed Name Signature

This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

January 2024 Page 3 LMM 6a.MOTION.TRIAL.MODIFICATION