(2) Bankruptcy notices. The statement that is periodic include the annotated following:
(i) a declaration distinguishing the customer’s status as being a debtor in bankruptcy or the status that is discharged of 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 § 1026.41(f)(3), pre-petition payments are re re payments built to cure the customer’s pre-bankruptcy defaults, and post-petition re re re payments are re payments built to match the home 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 as of the bankruptcy filing date on home financing loan needing month-to-month regular payments of $2,000. The buyer’s of late filed bankruptcy plan calls for the buyer to create re re payments of $100 every month for three years to cover the pre-bankruptcy arrearage, and $2,000 every month to fulfill the month-to-month payments that are periodic. Presuming the buyer makes the re re payments in line with the plan, the $100 re re payments will be the pre-petition payments and the $2,000 re re re payments would be the post-petition 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 rest of the disclosures under § 1026.41(d) or (f)(3), as relevant, might be limited by just how repayments are placed on the staying guaranteed percentage of the adjusted mortgage 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. A servicer can include such costs and fees within the stability for the pre-petition arrearage under § 1026.41(f)(3)(v)(C towards the level that the court overseeing the customer’s bankruptcy situation calls for such charges and fees become included being an amendment to a servicer’s evidence of claim as opposed to treating them as post-petition charges and costs for purposes of § f that is 1026.41(3).
3. First declaration after exemption terminates. Section § 1026.41(f)(3)(iii) The disclosure of certain information regarding account activity that has occurred since the last statement through(v) requires, in part. For purposes for the first statement that is periodic to your customer after termination of an exemption under § 1026.41(e), those disclosures regarding account task who has happened considering that the final declaration might be limited to account task because the final re payment deadline that happened although the exemption was at impact. See remark 41(d)-5.
(i) demands perhaps maybe not relevant. The periodic statement may also omit the information set forth in paragraphs (d)(8)(iii), (iv), (vi), and (vii) with this section along with omitting the information set forth in paragraph (f)(1) of the part.
(ii) Amount due. The quantity due information set forth in paragraph (d)(1) with this part might be limited by the date and number of the post-petition re re payments due and any post-petition costs and fees imposed because of the servicer.
1. Amount due. The quantity due under § 1026.41(d)(1) isn’t needed to add any quantities apart from post-petition re payments the buyer is needed to make underneath the regards to a bankruptcy plan, including any previous due post-petition payments, and post-petition charges and fees that the servicer has imposed. The servicer isn’t needed relating to the quantity due any pre-petition re re payments due under a bankruptcy plan or any other quantities how many installment loans can you have in arkansas payable pursuant to a court purchase. The servicer isn’t needed to incorporate in the quantity due any post-petition costs and costs that the servicer have not imposed. A servicer that defers gathering a cost or cost until after complying aided by the Federal Rule of Bankruptcy Procedure 3002.1 procedures, and therefore following a court that is potential on if the cost or fee is permitted, isn’t needed to reveal the charge or fee until complying with such procedures. But, a servicer can include in the quantity due other amounts as a result of servicer that aren’t post-petition payments or charges or fees, such as for instance amounts due under an agreed order, supplied those other quantities are disclosed when you look at the description of amount due and deal task.
(iii) Explanation of amount due. The reason of quantity due information set forth in paragraph (d)(2) for this area can be limited by:
1. Explanation of amount due. The reason of quantity due under § 1026.41(d)(2) isn’t needed to incorporate any quantities apart from the post-petition re payments, like the level of any past due post-petition repayments and post-petition charges and fees that the servicer has imposed. Consistent with § 1026.41(d)(3)(i), the post-petition re re re payments must certanly be broken down by the amount, if any, which is used to major, interest, and escrow. The servicer isn’t needed to reveal, included in the description of amount due, any pre-petition payments or the total amount of the consumer’s pre-bankruptcy arrearage. But, a servicer may recognize other quantities as a result of the servicer supplied those quantities may also be disclosed into the quantity due and deal task. See remark 41(d)-4.
(A) The month-to-month post-petition repayment quantity, including a failure showing just how much, if any, is going to be used to major, interest, and escrow;
(B) The total amount of any post-petition charges or fees imposed considering that the last declaration; and
(C) Any post-petition re payment amount delinquent.