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Consumer Bankruptcy Law and Practice: 2016 Advisory Committee Note on Form 410S2

Form 410S2, Notice of Postpetition Mortgage Fees, Expenses, and Charges, is amended in the instructions in Part 1 to clarify how to report previously approved fees, expenses, or charges. The following language is added: “If the court has previously approved an amount, indicate that approval in parentheses after the date the amount was incurred.” This amended language replaces the prior instruction not to report any amounts previously ruled on by the bankruptcy court.

Consumer Bankruptcy Law and Practice: 2011 Advisory Committee Note on Form 10 (Supplement 2)

This form is new and applies in chapter 13 cases. It implements Rule 3002.1, which requires the holder of a claim secured by a security interest in the debtor’s principal residence—or the holder’s agent—to file a notice of all postpetition fees, expenses, and charges within 180 days after they are incurred. The notice must be filed as a supplement to the claim holder’s proof of claim, and it must be served on the debtor, debtor’s counsel, and the trustee.

Consumer Bankruptcy Law and Practice: About the Form

This form sets out the caption for the case. Pursuant to Federal Rules of Bankruptcy Procedure 9004(b) and 1005, Official Form 416A (formerly Form 16A) includes the title of the case, the debtor’s name, all names the debtor used within eight years prior to the commencement of the case, and the last four digits of the debtor’s Social Security or tax identification numbers. The full caption form also notes the chapter of the Bankruptcy Code under which the case is filed.

Consumer Bankruptcy Law and Practice: 2005–2007 Advisory Committee Note on Form 16A

The form is amended to require that the title of the case include all names used by the debtor within the last eight years in conformity with § 727(a)(8) as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, 119 Stat. 23 (April 20, 2005), extending from six years to eight years the period during which a debtor is barred from receiving successive discharges. In conformity with Rule 9037, the filer is directed to provide only the last four digits of any individual debtor’s taxpayer-identification number.

Consumer Bankruptcy Law and Practice: About the Form

The short title form of caption is prescribed for general use in filing papers in bankruptcy cases. It should not be used on the petition, the notice of the meeting of creditors, the order of discharge, and the documents relating to a chapter 11 plan (Official Forms 101, 309, 312, 313, 314, 315, and 318), which require the full caption set out in Official Form 416A. See Fed. R. Bankr. P. 2002(m). The title specifies that this form can be used when section 342(c) of the Bankruptcy Code is not applicable.

Consumer Class Actions: 7. Class Actions Under the Massachusetts Tort Claims Act

The Massachusetts Tort Claims Act (“MTCA”) establishes the procedures for asserting tort claims against public employees and municipalities. Mass. Gen. Laws ch. 258, § 2. Specifically, the MTCA establishes that public employers “shall be liable for injury or loss of property or personal injury or death caused by the negligent or wrongful acts or omissions of any public employee while acting within the scope of his office or employment.” Id.

Consumer Class Actions: 2. 2020 Developments

There is one 2020 case involving a class action in Nebraska, Lassalle v. State, 307 Neb. 221, 948 N.W.2d. 725 (2020). This class action involved a group of Department of Health and Human Services (“DHHS”) employees that brought a wage dispute against the State. Id.

Consumer Banking and Payments Law: Amendment History

[77 Fed. Reg. 69,738 (Nov. 21, 2012); 77 Fed. Reg. 70,114 (Nov. 23, 2012); 78 Fed. Reg. 70,196 (Nov. 25, 2013); 78 Fed. Reg. 80,302 (Dec. 31, 2013); 79 Fed. Reg. 56,485 (Sept. 22, 2014); 80 Fed. Reg. 43,911, 43,920 (July 24, 2015); 80 Fed. Reg. 73,949 (Nov. 27, 2015); 81 Fed. Reg. 72,395 (Oct. 19, 2016); 81 Fed. Reg. 84,371 (Nov. 22, 2016); 81 Fed. Reg. 86,266 (Nov. 30, 2016); 82 Fed. Reg. 18,975 (April 25, 2017); 82 Fed. Reg. 37,773 (Aug. 11, 2017); 82 Fed. Reg. 51,979 (Nov. 9, 2017); 83 Fed. Reg. 6364, 6440 (Feb. 13, 2018); 83 Fed. Reg. 59,278 (Nov.

Mortgage Lending: OREGON

In Oregon a contract for deed may only be terminated after a notice of default with a specified right-to-cure period has been served upon the buyer and recorded in the deed records. If the buyer has paid the unpaid balance down to an amount greater than seventy-five percent of the purchase price, a sixty-day cure period must be provided. If the balance has been paid down to between fifty and seventy-five percent of the purchase price, a ninety-day cure period must be provided.

Mortgage Lending: PENNSYLVANIA

Pennsylvania’s land installment contract statute only applies, according to its definitions, to contracts in “any city of the first class or county of the second class,” limiting its applicability to Philadelphia and Pittsburgh. The statute requires thirty-day notice prior to termination of the land contract for non-payment and sixty-day notice prior to termination for failure to make repairs.

Mortgage Lending: TEXAS

Texas has updated its land contract law a number of times over the past twenty to thirty years in an attempt to effectively address perceived problems with these transactions.

Mortgage Lending: VIRGINIA

Under Virginia law, passed in 2019, all executory contracts, including land installment contracts and lease-option contracts, are treated as rental agreements subject to the Virginia Residential Landlord and Tenant Act.119 Because landlord-tenant law applies, the seller generally has the obligation to maintain the premises in a fit condition; however, the law allows the parties to agree in writing that the tenant will perform “specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in goo

Mortgage Lending: WASHINGTON

Washington’s land contract statute is similar to Oregon’s law in many respects. In large part the statute consists of regulating the method of non-judicial forfeiture—the required recordation and service of a notice of intent to declare a forfeiture, with a ninety-day (or longer if the contract so provides) right to cure.122 The statute specifically provides that the seller may, in the alternative, decide to foreclose judicially.

Mortgage Lending: § 3801. Findings and purpose

(a) The Congress hereby finds that—

(1) increasingly volatile and dynamic changes in interest rates have seriously impared1 the ability of housing creditors to provide consumers with fixed-term, fixed-rate credit secured by interests in real property, cooperative housing, manufactured homes, and other dwellings;

Mortgage Lending: 12 U.S.C. § 1715z-20. Insurance of home equity conversion mortgages for elderly homeowners

(a) Purpose. The purpose of this section is to authorize the Secretary to carry out a program of mortgage insurance designed—

(1) to meet the special needs of elderly homeowners by reducing the effect of the economic hardship caused by the increasing costs of meeting health, housing, and subsistence needs at a time of reduced income, through the insurance of home equity conversion mortgages to permit the conversion of a portion of accumulated home equity into liquid assets; and

Mortgage Lending: § 206.3 Definitions.

As used in this part, the following terms shall have the meaning indicated.

Bona fide tenant means a tenant of the property who is not a mortgagor, borrower, a spouse or child of a mortgagor or borrower, or any other member of a mortgagor’s or borrower’s family.

Borrower means a mortgagor who is an original borrower under the HECM Loan Agreement and Note. The term does not include successors or assigns of a borrower.