Official Form 410A - Mortgage Proof of Claim Attachment

Official Form 410A — Mortgage Proof of Claim Attachment

Worksheet for Preparing Official Bankruptcy Form 410A (12/23)

IMPORTANT: This is a preparation worksheet only. It is NOT the official form. All information must be transferred to Official Form 410A before filing with the bankruptcy court. This attachment is REQUIRED whenever a proof of claim (Form 410) is filed for a claim secured by a security interest in the debtor's principal residence.

COURT HEADER

UNITED STATES BANKRUPTCY COURT

FOR THE [________________________________] DISTRICT OF [________________________________]

CREDITOR AND LOAN IDENTIFICATION

Privacy Reminder (Fed. R. Bankr. P. 9037): Use only the last four digits of any account number. Do not include full Social Security Numbers, Taxpayer Identification Numbers, or full dates of birth. Redact names of minor children.

PART 1: MORTGAGE AND CASE INFORMATION

1.1 Escrow Account

Does the mortgage have an escrow account?

☐ Yes   ☐ No

If Yes, provide the current escrow balance: $[________________________________]

1.2 Interest Calculation Method

How is interest calculated on this loan?

☐ Fixed accrual   ☐ Daily simple interest   ☐ Other (describe): [________________________________]

1.3 Interest Rate Type

☐ Fixed Rate   ☐ Adjustable Rate Mortgage (ARM)

1.4 Contractual Payment Amount

1.5 Loan Origination Information

PART 2: TOTAL DEBT CALCULATION (AS OF PETITION DATE)

Calculate the total amount owed as of the date the bankruptcy petition was filed.

Note: The total debt figure (Line 2i) should equal the total claim amount reported on Official Form 410, Part 2.

PART 3: ARREARAGE AS OF PETITION DATE

Calculate the total prepetition arrearage (the amount needed to bring the loan current as of the petition date).

Note: In Chapter 13 cases, the arrearage amount (Line 3i) is the amount typically cured through the debtor's plan under 11 U.S.C. § 1322(b)(5). Ensure this amount is consistent with the proof of claim.

PART 4: MONTHLY MORTGAGE PAYMENT (AS OF PETITION DATE)

Provide the total monthly payment the debtor is contractually obligated to pay as of the petition date.

Note: In Chapter 13 cases, this is the ongoing post-petition mortgage payment the debtor must maintain. Notify the debtor and trustee of any changes using Official Form 410S1 (Notice of Mortgage Payment Change).

PART 5: LOAN PAYMENT HISTORY

Provide a complete transaction-by-transaction payment history from the first date of default through the petition date. Each fee or charge incurred must be reflected in the running balances. All ending balances must reconcile with Parts 2 and 3.

Payment History Table

(Add additional rows as needed. Continue until the petition date. Ending balances must reconcile to the figures stated in Parts 2 and 3.)

Reconciliation Check

PART 6: ITEMIZED FEES, EXPENSES, AND CHARGES

Itemize ALL fees, expenses, and charges included in the total debt (Part 2) and/or arrearage (Part 3). Each charge must be individually listed with the date incurred.

(Add additional rows as needed.)

Common Fee Categories

The following are typical fee types that may appear in Part 6:

• ☐ Late charges
• ☐ NSF / returned payment fees
• ☐ Property inspection / preservation fees
• ☐ Broker price opinion (BPO) / appraisal fees
• ☐ Attorney fees (pre-petition)
• ☐ Title search / title update fees
• ☐ Recording fees
• ☐ Force-placed insurance premiums
• ☐ Property tax advances
• ☐ HOA / condominium assessment advances
• ☐ Bankruptcy filing and processing fees
• ☐ Other corporate advances (describe): [________________________________]

PART 7: STATEMENT OF ESCROW ACCOUNT

7.1 Escrow Account Status

☐ An escrow account exists for this loan.
☐ No escrow account exists for this loan (skip remainder of Part 7).

7.2 Escrow Details

7.3 Escrow Account Statement

☐ An escrow account statement prepared as of the petition date is attached to this form. The statement complies with Official Form 410A requirements and applicable nonbankruptcy law (including RESPA, 12 U.S.C. § 2609, and Regulation X, 12 C.F.R. Part 1024).

7.4 Escrow Disbursement Schedule

DECLARATION UNDER PENALTY OF PERJURY

I declare under penalty of perjury that the information provided in this Mortgage Proof of Claim Attachment is true and correct to the best of my knowledge, information, and reasonable belief. I understand that filing a fraudulent claim may result in fines, imprisonment, or both under 18 U.S.C. § 152.

Signature: ________________________________   Date: [__/__/____]

PRACTITIONER NOTES AND PRACTICE TIPS

When Form 410A Is Required

• Form 410A must be attached to the Proof of Claim (Form 410) whenever the claim is secured by a security interest in the debtor's principal residence
• This requirement applies in all chapters (7, 11, 12, and 13)
• If the mortgage is on investment property or a second home that is NOT the debtor's principal residence, Form 410A is not required

Key Deadlines

• Chapter 7/11 (non-governmental creditors): Proof of claim (with 410A) due 70 days after the order for relief (petition date)
• Chapter 13 (non-governmental creditors): Proof of claim (with 410A) due 70 days after the order for relief
• Governmental units: 180 days after the order for relief
• Late-filed claims may be disallowed under Fed. R. Bankr. P. 3002(c)

Post-Petition Notices Required

After filing the proof of claim with Form 410A, the mortgage servicer must provide ongoing notices:

• Form 410S1 (Notice of Mortgage Payment Change): Must be filed at least 21 days before any change to the debtor's post-petition mortgage payment
• Form 410S2 (Notice of Postpetition Mortgage Fees, Expenses, and Charges): Must be filed within 180 days of incurring any post-petition fee, expense, or charge

Reconciliation Best Practices

• Cross-check all figures: Parts 2, 3, 5, and 6 must reconcile with each other
• The ending balances in the payment history (Part 5) must match the debt calculation (Part 2)
• All fees in Part 6 must appear as transactions in Part 5
• Escrow figures must reconcile with the escrow statement (Part 7)

RESPA Compliance

• Escrow account statements must comply with RESPA (12 U.S.C. § 2609) and Regulation X (12 C.F.R. Part 1024)
• Annual escrow analysis requirements continue during bankruptcy
• Servicers must provide timely notice of escrow shortages and surpluses

COMMON PITFALLS AND ERRORS

1. Failing to attach Form 410A when required — If the collateral is the debtor's principal residence, Form 410A is mandatory. Claims filed without it may be objected to or disallowed.

2. Arrearage / total debt mismatch — Part 3 (arrearage) should reflect only the amount needed to cure the default, while Part 2 (total debt) reflects the entire outstanding obligation. These are different figures.

3. Payment history does not reconcile — Part 5 ending balances must precisely match Parts 2 and 3. Courts frequently sustain objections based on reconciliation failures.

4. Fees not individually itemized — Part 6 requires each fee, expense, and charge to be separately listed with a date and amount. Lump-sum entries (e.g., "various fees — $2,500") are insufficient.

5. Including full account numbers — Fed. R. Bankr. P. 9037 requires redaction. Use only the last four digits of account numbers.

6. Incorrect escrow calculations — Ensure the escrow statement reflects the petition-date balance, not a different date. Mismatched dates are a frequent basis for objections.

7. Omitting post-petition notices — After filing the claim with 410A, servicers must continue to file 410S1 and 410S2 notices as required. Failure to file may result in fee disallowance.

8. Failing to update for loan modifications — If the loan was modified pre-petition, the figures should reflect the modified terms, not the original terms.

9. ARM rate not current — For adjustable-rate mortgages, ensure the interest rate and payment amounts reflect the most recent adjustment as of the petition date.

10. Missing force-placed insurance charges — If force-placed insurance was added due to a lapse in the borrower's coverage, these charges must be itemized in Part 6 and reflected in the payment history.

STATE-SPECIFIC VARIATION NOTES

While Form 410A is a federal form used uniformly across all bankruptcy courts, the following state-specific considerations apply:

California (CA)

• California has anti-deficiency protections under Cal. Code Civ. Proc. § 580b for purchase money mortgages; ensure the claim does not assert deficiency amounts that are barred
• California Homeowner Bill of Rights (Cal. Civ. Code § 2924 et seq.) imposes additional notice requirements on servicers
• Dual-tracking prohibitions may affect concurrent foreclosure proceedings

Texas (TX)

• Texas Constitution Art. XVI, § 50 provides strong homestead protections that may affect lien validity
• Home equity loan restrictions under Texas law may limit the types of liens enforceable against the principal residence
• Texas property tax lien priority may affect the secured claim calculation

Florida (FL)

• Florida's homestead exemption (Fla. Const. Art. X, § 4) is unlimited in value but limited to 1/2 acre in municipalities and 160 acres outside
• Florida Statute § 702.015 imposes verification requirements for mortgage foreclosure actions that may inform claim accuracy
• Condominium association liens may have super-priority under Fla. Stat. § 718.116

New York (NY)

• New York requires compliance with RPAPL § 1304 pre-foreclosure notices for residential mortgage loans
• Mortgage recording tax under N.Y. Tax Law § 253 may affect total debt calculations for refinanced loans
• New York courts impose strict standing requirements; ensure the chain of assignments is documented

FILING INSTRUCTIONS

Step 1: Prepare Supporting Documents

☐ Gather the loan payment history from the servicer's system of record
☐ Obtain a current escrow analysis statement as of the petition date
☐ Compile all fee and charge documentation
☐ Obtain evidence of the creditor's lien (recorded mortgage/deed of trust)
☐ Verify the chain of assignments if the loan has been transferred

Step 2: Complete Official Form 410A

☐ Transfer all information from this worksheet to Official Form 410A (12/23)
☐ Verify all calculations and cross-references between Parts 2, 3, 5, 6, and 7
☐ Redact all personally identifiable information per Fed. R. Bankr. P. 9037
☐ Ensure the declaration is signed by an authorized representative

Step 3: File with Proof of Claim

☐ Attach completed Form 410A to Official Form 410 (Proof of Claim)
☐ Attach copies of the note, mortgage/deed of trust, and chain of assignments
☐ Attach the escrow account statement
☐ File electronically through the court's CM/ECF system (if permitted) or mail to the bankruptcy clerk
☐ Serve a copy on the debtor, debtor's attorney, and the Chapter 13 trustee (if applicable)

Step 4: Post-Filing Obligations

☐ Calendar deadlines for 410S1 and 410S2 notice requirements
☐ Monitor for any objections to the proof of claim
☐ File amended claims if errors are discovered or the loan terms change

Filing Fees

• There is generally no separate filing fee for a proof of claim or its attachments
• Some courts charge fees for late-filed claims

SOURCES AND REFERENCES

• Official Form 410A (12/23): U.S. Courts — Bankruptcy Forms
• Official Form 410A Instructions: U.S. Courts Instructions
• Official Form 410 (04/25): Proof of Claim
• Federal Rules of Bankruptcy Procedure, Rule 3001: LII — Cornell Law
• Federal Rules of Bankruptcy Procedure, Rule 3002: LII — Cornell Law
• RESPA / Regulation X: 12 C.F.R. Part 1024
• 11 U.S.C. § 1322(b)(2) and (b)(5): Anti-Modification and Cure Provisions