(E) Servicers/mortgagees shall attach a statement to a formal notice of payment change outlining all postpetition contractual costs and fees not previously approved by the court and due and owing since the prior escrow analysis or date of filing, whichever is later. This statement need not contain fees, costs, charges and expenses that are awarded or approved by the Bankruptcy Court order. In absence of any objection or challenge to such fees, the Debtor shall take appropriate steps to cause such fees to be paid as authorized by mortgage holder's note, security agreement and state law; (F) Servicers/mortgagees monitor postpetition payments. If the mortgage is paid postpetition current, then the servicers/mortgagees shall not seek to recover late fees. No late fees shall be recovered or demanded for systemic delay but shall be limited to actual debtor default; (G) Prepetition payments shall be tracked as applied to prepetition arrears and postpetition payments shall be tracked as applied to postpetition ongoing mortgage payments; (H) Servicers/mortgagees shall file a notice and reason of any payment change with the court and provide same to the debtor; (I) Servicers/mortgagees are required, at trial annually, to file with the Court a notice of any protective advances made in reference to a mortgage claim, such as non-escrow insurance premiums or taxes. Such notice shall be provided to the debtors and filed with the Court; (J) If appropriate, servicers/mortgagees should review the Trustee's website or NDC (National Data Center) to reconcile any payment discrepancies with their system prior to the filing of a Motion for Relief from Stay; (K) Servicers/mortgagees shall clearly identify, in their proofs of claim, if the loan is an escrowed or non-escrowed loan and break out the
(E) Servicers/mortgagees shall attach a statement to a formal notice of payment change outlining all postpetition contractual costs and fees not previously approved by the court and due and owing since the prior escrow analysis or date of filing, whichever is later. This statement need not contain fees, costs, charges and expenses that are awarded or approved by the Bankruptcy Court order. In absence of any objection or challenge to such fees, the Debtor shall take appropriate steps to cause such fees to be paid as authorized by mortgage holder's note, security agreement and state law; (F) Servicers/mortgagees monitor postpetition payments. If the mortgage is paid postpetition current, then the servicers/mortgagees shall not seek to recover late fees. No late fees shall be recovered or demanded for systemic delay but shall be limited to actual debtor default; (G) Prepetition payments shall be tracked as applied to prepetition arrears and postpetition payments shall be tracked as applied to postpetition ongoing mortgage payments; (H) Servicers/mortgagees shall file a notice and reason of any payment change with the court and provide same to the debtor; (I) Servicers/mortgagees are required, at annually, to file with the Court a notice of any protective advances made in reference to a mortgage claim, such as non-escrow insurance premiums or taxes. Such notice shall be provided to the debtors and filed with the Court; (J) If appropriate, servicers/mortgagees should review the Trustee's website or NDC (National Data Center) to reconcile any payment discrepancies with their system prior to the filing of a Motion for Relief from Stay; (K) Servicers/mortgagees shall clearly identify, in their proofs of claim, if the loan is an escrowed or non-escrowed loan and break out the trial
DEB%20Local%20Rules%202017%20Redline.docx