Summary: Relying on In re Beaudet, 455 B.R. 671, 673 (Bankr. M.D. Tenn. 2011), the bankruptcy court held that while Ocwen was entitled to include future escrow amounts in the on-going monthly payment, the pre-petition escrow shortage should instead be included in the arrearage claim. Commentary: If a pre-petition escrow shortage is included in the monthly payment, that will require a 12-month cure. If, however, it is included in the arrearage claim paid through the Chapter 13 plan, this allows for a cure of up to 60 months.
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