Bankr. E.D.N.C.: In re White- No Attorney’s Fees for Preparing Notice of Mortgage Payment Change

Summary: Creditor filed a Notice of Mortgage Payment Change and contemporaneously filed a Notice of Post-Petition Mortgage Fees, asserting a $50.00 fee for filing the Notice of Mortgage Payment Change. On the objection of the Chapter 13 Trustee, the Court disallowed this fee, finding that the Notice of Mortgage Payment Change was "nothing more than a clerical duty" and did not require the assistance of legal counsel. Commentary: This opinion apparently independently comes to the same conclusion as did Judge Mayer of the Eastern District of Virginia, in   In re Carr, Case No.  06-11472, Docket Item 107 (Bankr.  E.D. Va.  March 19, 2012). It should be hoped that, particularly in conduit mortgage jurisdictions, the Chapter 13 Trustees will follow the example here and bring these objections. For a copy of the opinion, please see: White- No Attorney’s Fees for Preparing Notice of Mortgage Payment Change.PDF