Amended Mortgage Modification Guidelines

LOSS MITIGATION/MORTGAGE MODIFICATION

Loss mitigation/mortgage modification affects case administration, property of the estate and the

Debtor’s payment obligations/distributions to creditors. Therefore, individuals in bankruptcy cases

assigned to Judge Waites,

including joint debtors, who seek consensual modifications of mortgage

loans or other types of loss mitigation during the bankruptcy case shall submit such modifications for

court consideration and approval as follows:

1. General Responsibilities in all Cases.

a. Debtor’s counsel shall review the requirements of these Guidelines with each Debtor

considering loss mitigation/mortgage modification during the bankruptcy case.

b. The Debtor, Debtor’s Counsel, Trustee & affected Mortgage Creditor shall have an

affirmative duty to immediately advise the Court by correspondence (filed on the

Court’s docket) of all loss mitigation/mortgage modification efforts during the case,

which shall include the date of commencement, participating parties and agents, ongoing

status and ultimate completion/results.

c. The Debtor, through counsel, shall seek approval by the Court of the terms of any Trial

Period Plan utilizing Exhibit L.

d. The Debtor, through counsel, and affected Mortgage Creditor shall seek approval by the

Court of the terms of any final loss mitigation/mortgage modification agreement

according to paragraph 6 below.

e. The Debtor, through counsel, shall report to the Court unsuccessful results of loss

mitigation/mortgage modification efforts utilizing Exhibit J.

2. Loss Mitigation/Mortgage Modification Portal. The Portal provides a mechanism for secure,

real time, transparent communication with reasonable time deadlines and Court oversight, and

allows for consideration of continuances of hearings and other proceedings related to the subject

property. The Portal described herein is the preferred method for seeking loss

mitigation/mortgage modification in bankruptcy cases before Judge Waites.

a. Required Use of Portal. Absent an order otherwise, if loss mitigation or mortgage

modification efforts will affect or delay case proceedings (including, but not limited to,

hearings on confirmation, relief from stay, objections to claim or petitions to dismiss), the

Portal is required as the exclusive method allowed by Judge Waites in his cases. The

Portal is also required if loss mitigation or mortgage modification is requested after any

of the following:

i. The Debtor has failed to make any payment to the Trustee or Mortgage Creditor

after confirmation of a plan.

References herein to the Court shall mean Judge Waites only.

The term “loss mitigation” is intended to describe the full range of solutions that may avert the loss of a

debtor’s home to foreclosure, promote communication between parties, and reduce costs; for example, loan

modification or refinance, forbearance, short sale or surrender of property in satisfaction of debt.

ii. A motion for § 362 relief from stay has been filed by the Mortgage Creditor.

iii. Plan feasibility depends upon the Debtor’s prosecution of an objection to the

amount of the claim of the Mortgage Creditor.

iv. The Trustee or Mortgage Creditor has filed a motion to dismiss based upon a lack

of feasibility due to the claim of the Mortgage Creditor.

Debtor’s Counsel shall have an affirmative duty to report the status of all loss

mitigation/mortgage modification efforts, if any, when requesting a continuance or delay

in any case proceedings.

b. Responsibilities of Debtor’s Counsel. Absent approval by the Court, the Debtor’s

participation in all loss mitigation/mortgage modification efforts through the Portal

(including the submission of documents, communication and negotiation) shall be

through counsel. Counsel filing the Debtor’s case shall be presumed the counsel for

these efforts unless separate special counsel is employed as indicated by the filing of

Exhibit K or the Court approves otherwise.

3. Portal Procedures. The procedures for participation in the Loss Mitigation/Mortgage

Modification through the Portal are as follows:

a. Prior to the filing of the Notice and Motion for Loss Mitigation/Mortgage Modification

(attached as Exhibit H) by the Debtor, if seeking mortgage modification, Debtor’s Counsel

shall:

1. Determine that mortgage modification is feasible—with the Debtor typically required to

devote 31% of his gross monthly income to repayment of the mortgage (which would

include principal + interest + taxes + insurance + assessments) or such different amount

designated by the applicable Mortgage Creditor

2. Use the Court's approved online document preparation program (the “Document

Preparation Program”) to prepare the standard loan modification/loss mitigation forms

(the "Debtor's Prepared Package") to expedite the exchange of information between the

Debtor and the Mortgage Creditor and ensure greater accuracy in the preparation of the

required documentation.

The Debtor’s Prepared Package is completed through

www.documods.com.

b. Chapter 13 cases: Once the steps described above are complete, Debtor’s Counsel shall

serve on the Mortgage Creditor, co-borrowers or obligors on the applicable loan, and their

The online document preparation systems and portal described herein are provided by Default Mitigation

Management, LLC (“DMM”). DMM is identified for use due to its experience and reasonable cost ($40 for each

Debtor’s Prepared Package and $40 for the portal submission by each party). Free training on the use of the portal

provided by DMM is available to attorneys licensed for practice in this Court and all Mortgage Creditors.

Registration for portal use can be completed online at https://www.dclmwp.com

or by contacting DMM at 1-800-

481-1013. The Court may, upon application and review, approve other service providers in which even such

providers shall be listed on the Court’s website.

Enter scbkdocs40 for the $40.00 rate.

counsel, if known, and file with the Court, a Notice and Motion for Loss

Mitigation/Mortgage Modification according to the form attached as Exhibit H.

For pre-confirmation motions, the notice and motion should be served no later than 14 days

after the filing of a Chapter 13 plan unless extended by the Court. If the Loss

Mitigation/Mortgage Modification process is not likely to conclude before the confirmation

hearing, the Debtor should also consider the use of the plan language in paragraph no. 2

(below).

For post confirmation motions, there is no deadline for the filing of the Notice and Motion.

However, the Notice and Motion must indicate whether there have been any previous loss

mitigation/mortgage modification efforts during the course of the bankruptcy case or a prior

bankruptcy case and should be filed in time to allow completion of the procedures before

case closing.

c. Chapter 7 or 11 Cases: The Notice and Motion for Loss Mitigation/Mortgage Modification

should be filed before discharge of the Debtor and in time to allow completion of the

procedures before case closing.

d. The applicable Mortgage Creditor, co-borrowers, and other obligors shall have 14 days from

the date of service of the Notice and Motion to object. In the absence of an objection, the

Court may grant, without a hearing, an Order Requiring Loss Mitigation/Mortgage

Modification (hereinafter, “the Order”). Any objection must state specific reasons verified as

accurate by counsel for the objecting party. Upon timely objection, a hearing shall be held on

the date identified in the notice and all applicable parties and counsel shall attend.

e. Debtor’s Counsel shall timely serve the Order on affected parties and file a Certificate of

Service. Once the Order is issued, all communication between the parties regarding the loss

mitigation review should be sent through a secure portal for document exchange. DMM

provides a secure portal at https://www.dclmwp.com

(“Portal”). Following entry of an Order

Requiring Loss Mitigation/Mortgage Modification, Debtor’s Counsel shall immediately

f. Within 7 days after entry of the Order, the Mortgage Creditor (if not previously registered on

the Portal) shall register to use the Portal and ensure that the Portal provider has been

provided with any and all application forms and documentation requirements necessary for

consideration of all available types of Loss Mitigation. Debtor’s Counsel shall report any

failure to timely register to use the Portal to the Court.

g. Within the later of 14 days after the entry of the Order or 7 days after the Mortgage Creditor

has registered on the Portal, Debtor’s Counsel shall:

1. Upload the Debtor’s Prepared Package as well any other forms required by the Mortgage

Creditor to the Portal; and

2. Remit any required fees to DMM or other portal provider.

The Court may order use of the Loss Mitigation/Mortgage Modification Portal sua sponte or upon the

parties’ agreement in order to benefit case administration.

Failure to timely register or other unexcused delay by any party or counsel will result in a hearing being

scheduled to consider sanctions, including attorney’s fees.

h. The Mortgage Creditor shall, within 7 days after Debtor’s Counsel has submitted the

Debtor’s Prepared Package and any additional required documentation to the Portal:

1. Acknowledge receipt of the information on the Portal;

2. Provide on the Portal all contact information of the representative in charge of the

Debtor’s account

3. Assign to the Portal the Mortgage Creditor’s designated counsel;

and

4. Notify Debtor’s Counsel of any additional or updated information required to process the

application.

i. The Mortgage Creditor shall have a total of 120 days from entry of the Order to respond to

the Loss Mitigation request by advising on all means of Loss Mitigation, including mortgage

modification, or verify a denial.

j. If necessary, any party may request, or the Court may direct, the ex parte appointment of a

mediator to facilitate discussions and resolve disputes raised by the parties. In such instance,

the no look fee discussed in paragraph m below may be increased. Costs for a mediator shall

not, without Court order, exceed $300.00 per 1 hour session, and shall be equally divided and

paid in advance of the session by the parties. In the event a mediator is appointed, the

mediator shall have 7 days to register to the Portal at no cost. Once registered, Debtor’s

Counsel shall assign said mediator to the account on the Portal so that said mediator may

review the file and have access to the account on the Portal. Each mediation session shall be

conducted via telephone on a conference call established by Debtor’s Counsel, and last no

longer than one hour. Debtor’s Counsel shall publish the phone number to the Portal not

later than 3 days before the scheduled mediation. An expedited hearing may be requested by

any party on issues not resolved by mediation.

k. The Mortgage Creditor is obligated to inform the Court, the Debtor, Debtor’s Counsel, and

any participating co-borrower or obligor within 7 days if the loan is sold or securitized to

another company during the Loss Mitigation/Mortgage Modification process. The transferee

or servicer of the loan shall be advised of these requirements by the original Mortgage

Creditor and shall be bound by all prior orders, agreements, forms, and documentation. The

transferee or servicer shall register for the Portal within 7 days and the Mortgage Creditor

shall transfer the Portal account to the transferee so that transferee may review all previously

submitted transmissions and continue with the process.

l. Upon acceptance of the Debtor in a Trial Period Plan, Debtor’s Counsel shall timely submit a

proposed order according to Exhibit L for consideration and approval by the Court.

m. Counsel assisting the Debtor with the Loss Mitigation/Mortgage Modification Program shall

be permitted to charge an attorney’s fee for services provided under the Loss

Mitigation/Mortgage Modification Program. In Chapter 13 cases, a $1500 no-look fee shall

be allowed in addition to the no-look fee established under the Guidelines for compensation

for professionals, with $1000 of that fee allowed to be distributed in the initial distribution by

the Trustee or paid directly by the Debtor from post petition income. Alternatively, an

The Mortgage Creditor’s designated counsel shall be the attorney who files a notice of appearance in the

case or any motion, objection or other document on behalf of the Mortgage Creditor to ensure timely responses to

inquiries from the Court.

application seeking additional compensation may also be submitted for expedited

consideration. The fee provides additional compensation for all services through the

completion of the Loss Mitigation/Mortgage Modification process and includes:

a. Assembling and submitting Debtor’s Prepared Package;

b. Filing of the Motion for Loss Mitigation/Mortgage Modification and proposed Order;

c. Filing of other required pleadings and preparation of proposed orders, as applicable;

d. Communicating with the Mortgage Creditor, co-borrower or obligor, and the

Mediator;

e. Filing of the proposed Interim Order Granting Approval of Trial Period Plan, Consent

Order Allowing Mortgage Loan Modification, or a Mortgage Loan Modification/Loss

Mitigation Report.

The fee may be charged upon the filing of an Attorney Fee Disclosure Statement. Upon

submission of an Order Approving Trial Period Plan (attached as Exhibit L) or Mortgage

Loan Modification/Loss Mitigation Report (attached as Exhibit J) indicating the final

disposition of loss mitigation efforts, Debtor’s counsel certifies that the aforesaid listed

services were or will be performed and therefore the fee is justified.

Special counsel with expertise in the Loss Mitigation/Mortgage Modification Program may

be employed by the Debtor with notice to the Court using the form attached as Exhibit K.

In such event, the allowed initial distribution amount to that counsel shall be $1000.

4. Within a Chapter 13 plan: In order to avoid delay in confirmation and distribution to

creditors, the use of the Loss Mitigation/Mortgage Modification Program may also be

evidenced by a Chapter 13 Plan, subject to objection, by including the following language:

a. Option One (The Debtor is capable of making regular contract payments)

No less than 7 days before the confirmation hearing, the Debtor, acting through Debtor’s

Counsel, will submit a complete application to [Mortgage Creditor] seeking loss

mitigation or a consensual modification of the Debtor’s mortgage loan through an

applicable program, such as the Home Affordable Modification Program (HAMP). The

subject mortgage loan is secured by real property located at:

[Real Property Description]

Beginning on [date], the Debtor will pay regular contract payments directly to [Mortgage

Creditor]. The Debtor will also be responsible for payment of any arrearage directly to

[Mortgage Creditor] if not cured through a loss mitigation or loan modification process.

No payment will be made by the Trustee on this secured claim.

Upon motion, the Court may approve a no look fee in a lesser amount if counsel is not used to submit

documents or to communicate with the Mortgage Creditor.

In the event that the no-look fee for Loss Mitigation/Mortgage Modification purposes is to be paid to

separate counsel from the attorney representing the Debtor in the filing and administration of the bankruptcy case,

the attorneys’ fees shall be paid in equal amounts in each distribution from the Trustee, unless otherwise agreed by

counsel.

Upon acceptance of the Debtor in a Trial Period Plan, Debtor’s Counsel shall submit a

proposed Order Approving Trial Period Agreement (using Form attached as Exhibit L).

Upon completion of the Trial Period Plan or to seek final approval of the loss

mitigation/mortgage modification, Debtor’s Counsel shall submit a proposed Consent

Order Allowing Mortgage Modification. If the loss mitigation or loan modification

request is denied, Debtor’s Counsel shall timely file a Mortgage Loan Modification/Loss

Mitigation Report indicating that denial with the Court.

b. Option Two (The Debtor is unable to make regular contract payments)

The Debtor is unable to resume regular contract payments to [Mortgage Creditor] at this

time, and therefore, the Debtor’s plan relies upon loss mitigation or a consensual

mortgage loan modification.

No less than 7 days before the confirmation hearing, the Debtor, acting through Debtor’s

Counsel, will submit a complete application to [Mortgage Creditor] seeking loss

mitigation or a consensual modification of the Debtor’s mortgage loan through an

applicable program, such as the Home Affordable Modification Program (HAMP). The

subject mortgage loan is secured by real property located at:

[Real Property Description]

Upon acceptance of the Debtor in a Trial Period Plan, Debtor’s Counsel shall submit a

proposed Order Approving Trial Period Plan (using form attached as Exhibit L), and the

Debtor will commence payments directly to [Mortgage Creditor] in an amount equal to

the payment called for under the Trial Period Plan of the applicable modification

program.

If the mortgage loan modification is approved, the Debtor shall directly pay [Mortgage

Creditor]’s allowed mortgage claim, including any prepetition and post petition amounts.

No payment will be made by the Trustee on the secured claim. Upon completion of the

Trial Period Plan or to seek final approval of the loss mitigation/mortgage modification,

Debtor’s Counsel shall submit a proposed Consent Order Allowing Mortgage

Modification. If the loss mitigation or loan modification request is denied, Debtor’s

Counsel shall timely file a Mortgage Loan Modification/Loss Mitigation Report

indicating that denial with the Court.

In the event that (1) the request for mortgage loan modification (and any necessary

documentation) is not submitted or is denied or (2) the Debtor fails to timely make the

above referenced Trial Period Plan Payments, the Mortgage Creditor may, after 10 days’

written notice to the Debtor, Debtor’s Counsel, and the Trustee, submit an affidavit and

proposed order seeking relief from the stay. However, the Mortgage Creditor may not

obtain relief until its final consideration of loss mitigation or mortgage modification is

concluded.

5. Order Approving Trial Period Plan. Upon acceptance of the Debtor in a Trial Period Plan, an

Order for Approval shall be submitted to the Court using the form attached as Exhibit L.

6. Consent Order Required for Final Approval of Loss Mitigation/Mortgage Modification:

a. Since Loss Mitigation/Mortgage Modification affects case administration, property of the

estate and the Debtor’s payment obligation under an applicable plan, any final agreement

for loss mitigation or a mortgage modification shall be submitted for approval by the

Court by way of a proposed Consent Order Allowing Mortgage Loan Modification,

which specifies the terms of the loss mitigation or modification agreement and includes

in its provisions:

1. That there will be no extension of additional funds beyond what is already owed;

2. That payments to other lien holders under the Plan will not be affected;

3. That the proposed modification has no detrimental effect on other creditors and is

believed to be in the best interest of the debtor(s) and the estate;

4. Whether any payments from the Chapter 13 Trustee to the Mortgage Creditor

whose loan is to be modified will continue or terminate upon entry of the order;

5. Relief from the automatic stay has not been previously granted to any secured

creditor on the property affected by the Loss Mitigation/Mortgage Modification;

6. A statement setting forth or attaching a short summary of the specific benefits

received as a result of Loss Mitigation or mortgage modification, including

deferral or forgiveness of arrearage/debt or change in interest rate, term, or

payment amount; and

7. The Debtor certifies that the costs of DMM and the attorney’s fees specifically

attributable to services required in the use of the Loss Mitigation/Mortgage

Modification Portal have been previously paid by the Debtor or through the

Trustee’s distributions.

b. If the modification to the mortgage involves an extension of new funds or credit, a

motion to incur debt or obtain credit should also be filed and properly noticed to all

creditors and parties in interest.

c. Dismissal of the bankruptcy case or relief from the automatic stay as to the affected

property may not be a condition of loss mitigation, including modification of mortgage

loan, unless ordered by the Court after consideration at an actual hearing.

Reporting and Events

Reports required by any of the above procedures shall be reported by filing the document attached as

Exhibit J, using the CM/ECF event, Mortgage Loan Modification Report. The Notice and Motion

for Loss Mitigation/Mortgage Modification should be filed using the Loss Mitigation/Mediation

event. A proposed Consent Order Allowing Mortgage Loan Modification shall be submitted under

the CM/ECF event, Proposed Consent Order Modifying Mortgage (no motion filed).

If a final agreement is subject to the Debtor’s successful completion of the Trial Period Plan, an order in the

form of Exhibit L should be separately submitted.

EXHIBIT H

UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF SOUTH CAROLINA

IN RE:

[Debtor Name],

Debtor(s).

C/A No. ___________

Chapter ____

NOTICE AND MOTION FOR LOSS

MITIGATION/MORTGAGE

MODIFICATION PURSUANT TO JUDGE

WAITES’ CHAMBERS GUIDELINES

To: _________________ (“Mortgage Creditor”) and Parties in Interest

The Debtor, through counsel, hereby moves the Court for an Order Requiring Loss Mitigation/Mortgage

Modification with respect to the following property:

[Identify the Property]

[Loan Number]

[Mortgage Creditor’s Name and Address]

The Debtor requests an order directing the parties to participate in the Loss Mitigation/Mortgage

Modification Portal Program as set forth in Judge Waites’ Chambers Guidelines, available at

http://www.scb.circ4.dcn/ChambersJW.htm, and requiring the parties and counsel to use the mortgage

modification portal operated by Default Mitigation Management, LLC while participating in Program.

Prior to filing this Motion, Debtor’s Counsel completed the Debtor’s Prepared Package and collected all

of the required supporting documentation as required by the Document Preparation Software and is

prepared to submit the supporting documentation along with the modification forms to the Portal.

Prior to filing this Motion, Debtor’s Counsel has also determined that:

The Mortgage Creditor is registered with the approved loss mitigation portal. Debtor’s Counsel will

upload to the Portal Debtor’s Prepared Package together with any additional forms or documents

which the Mortgage Creditor may post on the Portal within 7 days after entry of the Order.

The Mortgage Creditor is not registered. The Debtor requests that the Court require Mortgage

Creditor to register with the Portal within 7 days after entry of the Order. Debtor’s Counsel will

upload to the Portal Debtor’s Prepared Package together with any additional forms or documents

which the Mortgage Creditor may post on the Portal within 7 days after the Mortgage Creditor has

registered.

The Debtor has or has not previously sought loss mitigation/mortgage modification through any

procedure/process during this or a prior bankruptcy case. List case number(s):____________________

If a previous attempt at loss mitigation/mortgage modification was made or is ongoing, briefly describe it

and any change of circumstances which makes this attempt more likely to succeed:

TAKE FURTHER NOTICE that any response, return and/or objection to this Motion should be filed with

the Court no later than 14 days from service of the Motion and a copy simultaneously served on all parties

in interest.

TAKE FURTHER NOTICE that no hearing will be held on this Motion, except as required by the Judge,

unless a response, return and/or objection is timely filed and served, in which case, the Court will conduct

a hearing on _____________, ____ at ____ a.m./p.m. at ______________, ___________________, South

Carolina. No further notice of this hearing will be given.

_______________________

Attorney Name & Fed. ID #

Address

EXHIBIT I

UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF SOUTH CAROLINA

IN RE:

[Debtor Name],

Debtor(s).

C/A No. __________

Chapter ___

ORDER REQUIRING

LOSS MITIGATION/MORTGAGE

MODIFICATION

A Motion for Loss Mitigation/Mortgage Modification was filed by [Debtor Name] (“Debtor”) on

[Date] _____________, 2014 and the parties have had notice and an opportunity to object. It appearing

that no objections were filed or that any objections filed have been withdrawn or otherwise ruled upon, it

is hereby

ORDERED that the Debtor, acting through counsel, and ________________(“Mortgage

Creditor”) [and additional parties, if any] are directed to participate in the Loss Mitigation/Mortgage

Modification Portal Program; it is further

ORDERED that the Debtor, Debtor’s counsel, the Mortgage Creditor and its counsel, and any

participating co-borrower or obligor shall comply with the Loss Mitigation/Mortgage Modification

Procedures set forth in Judge Waites’ Chambers Guidelines (available at

www.scb.uscourts.gov/ChambersJW.htm) and engage in the Loss Mitigation/Mortgage Modification

process in good faith, and that failure to do so may result in the scheduling of a hearing to consider

sanctions or other relief; and it is further

ORDERED that the Debtor, Debtor’s Counsel, and the Mortgage Creditor and its counsel shall

observe the following deadlines:

(1) Debtor’s Counsel shall immediately serve this Order on the applicable parties and register on the

Portal.

(2) If not previously registered, the Mortgage Creditor and its designated counsel shall, within seven

(7) days, register for the Portal

and ensure that it has provided to the approved Portal provider all

application forms and documentation requirements necessary for consideration of all types of

Loss Mitigation, including mortgage modification.

(3) Debtor’s Counsel shall upload the prepared mortgage modification package described in

Chambers Guidelines to the Portal within the later of fourteen (14) days after the entry of this

Order or 7 days after the Mortgage Creditor registers to the Portal. Debtor’s counsel shall timely

report to the Court any failure to register.

The Portal is available at https://www.dclmwp.com.

(4) Once the Order has issued, all communication between the parties regarding the loss mitigation

review should be sent through the Portal. Communication and negotiation by the Debtor shall be

through Debtor’s Counsel.

(5) Within seven (7) days after the Debtor’s submission to the Mortgage Creditor on the portal, the

Mortgage Creditor shall take the following actions on the Portal:

a. Acknowledge receipt of the Debtor’s package;

b. Provide the Debtor and Debtor’s Counsel with notice of any additional or updated

documentation necessary for consideration of Loss Mitigation, including mortgage

modification;

c. Assign its designated counsel to the account on the Portal; and

d. Provide the name, address and direct telephone number of the person responsible for the

review on the Portal.

(6) A mortgage modification or other form of loss mitigation shall be agreed to or denied within 120

days of the entry of this Order unless extended by this Court.

(7) Other requirements set forth in Chambers Guidelines, which may include additional

required steps and deadlines, are incorporated herein and shall be effective. Failure to

adhere to the Order and Chambers Guidelines may subject parties and counsel to sanctions

or other relief.

It is further ORDERED that the parties must submit and seek Court approval of participation in

any Trial Period Plan and, separately, any final agreement providing for any loss mitigation/mortgage

modification using forms and procedures outlined in Judge Waites’ Chambers Guidelines referenced

above. Loss Mitigation, including modification of the mortgage loan, may not be conditioned upon

dismissal of the bankruptcy case or relief from the automatic stay, unless allowed by the Court after an

actual hearing; and it is further

ORDERED that, absent entry of a Consent Order Allowing Mortgage Loan Modification, a final

report must be submitted within thirty (30) days of the expiration of the Loss Mitigation efforts and no

later than 180 days after the entry of this Order.

AND IT IS SO ORDERED.

EXHIBIT J

UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF SOUTH CAROLINA

IN RE:

[Debtor Name],

Debtor(s).

C/A No. __________

Chapter ___

MORTGAGE LOAN

MODIFICATION/LOSS MITIGATION

REPORT

Name of Mortgage Creditor:_________________________________________________

Property Address: ______________________________________________________________

Last Four Digits of Account Number of Loan: ______________

Date of Entry of Order Requiring Loss Mitigation/Mortgage Modification: _______________________

Date of Entry of Consent Order Allowing Mortgage Loan Modification (if any): ___________________

State the result/status of the parties’ efforts to negotiate mortgage loan modification/loss mitigation

(please check the appropriate box below):

 Loan modification.

 Loan refinance.

 Forbearance.

 Trial Period Plan

 Short sale.

 Surrender of property.

 No agreement has been reached.

Other:____________________________________________________________________________

State the specific benefit, if any, received as a result of the loss mitigation:

Payments reduced from $____________ to $_______________.

Interest reduced from ____% to $____%.

Principal reduced from $____________ to $_______________.

Term of repayment extended by _____ years.

Other _________________________________________________________________________

_____________________________________________________________________________________

No benefit.

Dated: Signature: _________________________________

EXHIBIT K

UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF SOUTH CAROLINA

IN RE:

[Debtor Name],

Debtor(s).

C/A No. __________

Chapter ___

LIMITED NOTICE OF APPEARANCE,

REQUEST FOR NOTICE, AND

DISCLOSURE OF COMPENSATION

The undersigned attorney files this Limited Notice of Appearance on behalf of [Debtor Name]

(“Debtor”) in this case for the sole purpose of seeking Loss Mitigation/Mortgage Modification for Debtor.

The undersigned further states that s/he will receive $______ compensation for this limited appearance to

be paid through the Chapter 13 Trustee’s distribution or through direct payment by Debtor from post

petition income. An attorney fee disclosure statement shall be filed upon the earning of the fee according

to Chambers Guidelines.

_______________________

Attorney Name & Fed. ID #

Address

CERTIFICATE OF SERVICE

The above signing attorney certifies that on [date of service], a copy of the foregoing Limited

Notice of Appearance, Request for Notice, and Disclosure of Compensation was served on the Debtor, the

Chapter 13 Trustee and any affected creditor by first class U.S. Mail at the following addresses:

EXHIBIT L

UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF SOUTH CAROLINA

IN RE:

[Debtor Name],

Debtor(s).

C/A No. __________

Chapter ___

INTERIM ORDER GRANTING

APPROVAL OF TRIAL PERIOD PLAN

This case came before the Court upon the Debtor(s)’ Request to Approve Trial Period Plan with

_____________________ (“the Mortgage Creditor”), and this Court having considered the matter

ORDERS AS FOLLOWS:

1. The request is granted.

2. The Trial Period Plan with the Mortgage Creditor is hereby approved and the parties

are ordered to comply with the terms of the Trial Period Plan:

The Trial Period Plan is described in the attachments hereto or

The terms are as follows:

i. The Trial Period Plan Payments are in the amount of $___________,

representing principal, interest, taxes and insurance beginning

________________, 20____.

ii. The payments will be sent to: [insert address]

3. Debtor’s counsel shall timely submit for Court approval any final loss mitigation or

mortgage modification agreement after the Trial Period Plan Payments are made.

AND IT IS SO ORDERED.

APPROVAL REQUESTED BY:

_______________________

Attorney Name & Fed. ID #

Address