In re Howard

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DEEM MORTGAGE CURRENT

Debtor’s Motion to Deem Mortgage Current (“Motion”) came on for hearing at the above-referenced date and time. Appearances were noted on the record. After hearing arguments from counsel, the court took the matter under submission. For the following reasons, the court will grant the Motion in part and deny in part.

I. BACKGROUND

The relevant facts are not disputed. Debtor filed a voluntary petition under Chapter 13 of the Bankruptcy Code on March 15, 2010. 2 The schedules disclosed that Debtor has an ownership interest in real property located at 240 Pacific Street, Brookdale, California (“Property”). The Property is encumbered by a senior lien in favor of PNC Mortgage (“PNC” or “Creditor”) in the approximate amount of $705,524. The confirmed plan provided that mortgage arrears in the amount of $26,-760.70 3 would be paid through the plan and that Debtor would make on-going mortgage payments of $3,023.00 per month directly to PNC.

On January 13, 2016, the chapter 13 trustee (“Trustee”) filed a Notice of Final Cure Payment (“Notice”) pursuant to Bankruptcy Rule 3002.1(f), stating that the claim of PNC…