Motion to Deem Mortgage Current

Official Procedure Last Change July 23, 2014

Motion to Deem Mortgage Current

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Deem Mortgage Current, Motion to

Things to be aware of when filing: Use of the Court's sample form is encouraged.

General Information

This event is made available for use at the end of a Chapter 13 plan.  Proper service on the mortgage lender will be critical to the Court's determination.

Filing requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • Use of the Court's sample form is encouraged.
  • A proposed order must be uploaded. Ensure that the order includes the name of the mortgage company.
  • A 21 day objection notice must be included with the Motion. The Notice may be included in the body of the Motion or filed separately using the Deem Mortgage Current Notice with Certificate of Service event.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Deem Mortgage Current, Motion to from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Indicate whether the notice is included or will be filed separately. Click Next.

11. If you indicated that the notice is included, the objection due date is calculated and displayed. Click Next unless pending motions are also displayed (see next step).

12. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.

13. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

14. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

15. Upload proposed order.