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In re Rodriguez

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In re Rodriguez, 629 F.3d 136 (3rd Cir., Dec. 23, 2010) (Barry)

A mortgage servicer improperly adjusts an ongoing, post-petition mortgage payment when it effectively includes missed payments for a “cushion” in the monthly payment rather than including them in the pre-petition arrearage claim.

 

Case Summary

 

The interaction between a Chapter 13 plan seeking to “cure and maintain” a mortgage obligation pursuant to § 1322(b)(2) and the requirements of the Real Estate Settlement and Procedures Act (RESPA) have confounded servicers, debtors’ attorneys, trustees and judges.  The Rodriguez . . .

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