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Subdivision b. Subdivision c. Subdivision d. Subdivision d provides the method of giving the notice under subdivisions b and c. In both instances, the holder of the claim must give notice of the change as prescribed by the appropriate Official Form. Rule f does not apply to any notice given under subdivision b or c , and therefore the notice will not constitute prima facie evidence of the validity and amount of the payment change or of the fee, expense, or charge.

Subdivision e. Subdivision e permits the debtor or trustee, within a year after service of a notice under subdivision c , to seek a determination by the court as to whether the fees, expenses, or charges set forth in the notice are required by the underlying agreement or applicable nonbankruptcy law to cure a default or maintain payments.

Subdivision f. If the trustee fails to file this notice within the required time, this subdivision also permits the debtor to file and serve the notice on the trustee and the holder of the claim. Subdivision g. Subdivision h. Within 21 days after the service of the statement under g , the trustee or debtor may move for a determination by the court of whether any default has been cured and whether any other non-current obligations remain outstanding.

Subdivision i. Subdivision i specifies sanctions that may be imposed if the holder of a claim fails to provide any of the information as required by subdivisions b , c , or g. As part of organizational changes intended to make the rule shorter and clearer, a new subdivision a was inserted that specifies the applicability of the rule. Other subdivision designations were changed accordingly. The timing of the notice of payment change, addressed in subdivision a of the published rule, was changed from 30 to 21 days before payment must be made in the new amount.

The provisions of the published rule prescribing the procedure for providing notice of payment changes and of fees, expenses, and charges were moved to subdivision d. As part of the organizational revision of the rule, the provision governing the resolution of disputes over claimed fees, expenses, or charges was moved to this subdivision. A sentence was added requiring the notice to inform the holder of the mortgage claim of its obligation to file and serve a response under subdivision g.

The caption of this subdivision which was subdivision f as published , was changed to describe its content more precisely. Committee Note. Close Flag as Inappropriate. You have already flagged this document. Thank you, for helping us keep this platform clean. The editors will have a look at it as soon as possible.

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