Notice of Final Cure Mortgage Payment

Within 30 days after the debtor completes all plan payments, the trustee must file and serve on the holder of the claim (the "Creditor"), the debtor, and the debtor’s counsel a notice stating that the debtor has paid the total amount required to cure any default on the claim (the "Notice of Final Cure").

The Notice of Final Cure must inform the holder of its obligation to file and serve a response.

When the trustee does not file a Notice of Final Cure and the debtor contends that the arrearage is cured and the debtor has paid all plan payments, the debtor may file and serve the Notice of Final Cure.

Within 21 days after the trustee/debtor files the Notice of Final Cure, the creditor must file a Response to the notice. See Response to Notice of Final Cure Payment Rule 3002.1.

Within 21 days after the creditor files a Response, the debtor or trustee may file a motion asking the court to determine whether the debtor has cured the default and paid all required postpetition amounts. See Motion to Determine Final Cure and Payment.

Note: When a party fails to file a motion within 24 days after the creditor files the response, the CA may review the case for discharge. However, if a party files a motion, the CA must delay discharge until 14 days after the court enters an order resolving the motion.