You are here

Motion to Determine Final Cure and Payment of Mortgage Claim

Official Procedure Last Change December 1, 2025

Motion to Determine Final Cure and Payment of Mortgage Claim

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Determine Final Cure and Payment of Mortgage Claim (Rule 3002.1), Motion for

  • FRBP 3002.1

General Information

The trustee files a Notice of Disbursements Made when they believe that a mortgage is current.  It is added to the claims register as a claims supplement, not to the docket, and can be viewed only by accessing the claims register.

The mortgage holder is required to file a Response to Notice of Disbursements Made within 28 days of service of the Notice (21 days if filing a response to a Notice of Final Cure Payment), even if they do not dispute the Notice.

A Motion to Determine Final Cure and Payment of Mortgage Claim may be filed by the debtor or trustee to request that the Court set a hearing to determine the status of the mortgage claim. A 28-day response deadline is set upon filing of the motion. The motion may be filed within 45 days after service of the claim holder's Response to Notice of Disbursements Made or within 45 days after service of the Trustee's Notice of Disbursements Made if no response is filed. 

The Response to Motion to Determine Final Cure and Payment of Mortgage Claim is filed in chapter 13 cases by the holder of a claim secured by the debtor's principle residence and must be filed within 28 days after the trustee's/debtor's motion to determine final cure and payment of the mortgage claim is served.

Filing requirements

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 Determine Final Cure and Payment of Mortgage Claim (Rule 3002.1), Motion for 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. Click to select the claim to which the Motion relates and click Next.

11. 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.

12. 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.

13. 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.

14. Upload proposed order.