How to Fill Out and File Form 410A: Mortgage Proof of Claim Attachment

To fill out Form 410A, the Mortgage Proof of Claim Attachment, you complete five parts that break the mortgage debt into standardized pieces — case and loan identifiers, the total debt, the prepetition arrearage, the ongoing monthly payment, and a transaction-level payment history from the first date of default — then attach the form to Official Form 410 along with a copy of the note, evidence that the lien was perfected, and, if there is an escrow account, an escrow statement as of the petition date. The current form is on the United States Courts website under Bankruptcy Forms. Federal Rule of Bankruptcy Procedure 3001(c)(2)(C) requires the attachment on any claim secured by a lien on an individual debtor’s principal residence, regardless of chapter, though Chapter 13 is where it matters most.¹

What to Pull Before You Open the Form

The form is a reconciliation exercise. If the source records aren’t in front of you, the numbers won’t tie, and a debtor’s attorney or trustee will find the gap. Assemble these first:

A loan payment history starting on the first date of default, showing how each payment was applied to principal, interest, escrow, and fees. Part 5 is a chronological reproduction of this ledger.²
An escrow account statement as of the petition date, in the format required by applicable nonbankruptcy law. Rule 3001(c)(2)(C) requires it whenever an escrow account exists, and it is filed alongside the claim rather than inside Form 410A.¹
A copy of the promissory note. If the original has been lost or destroyed, Rule 3001(c)(1) requires a statement explaining the circumstances.¹
Evidence of perfection — typically the recorded mortgage or deed of trust showing the county recorder’s stamp.¹
Backup for every fee and charge the claim will include: late charges, property inspection fees, attorney fees, and any other cost the creditor wants to recover.

Also plan to redact before filing. Rule 9037 limits filings to the last four digits of any Social Security, taxpayer identification, or financial account number, and to the birth year (not full date) for individuals other than the debtor.³ Servicer records often carry full account numbers into Part 5; scrub them.

Filling Out the Five Parts

Each part builds on the others. The math has to be airtight: if the transaction-by-transaction history in Part 5 does not reconcile to the summary figures in Parts 2 and 3, expect an objection.

Part 1: Mortgage and Case Information

Enter the bankruptcy case number, the debtors’ names, the last four digits of the account number, the creditor’s name, and the servicer’s name if it is different. Then enter the principal balance, monthly principal and interest, monthly escrow, any private mortgage insurance premium, and the total monthly payment.² Every figure reflects the loan as of the petition date. The principal balance anchors the rest of the form, so verify it against the servicing system before moving on.

Part 2: Total Debt Calculation

Part 2 itemizes everything beyond base principal and interest that the creditor claims: late charges, property inspection fees, attorney fees incurred during default, and any other recoverable costs. On conventional loans, late fees typically run up to 5% of the monthly principal and interest payment.⁴ Every fee needs backup in the file. Undocumented charges are the first thing challenged.

Part 3: Arrearage as of the Petition Date

Part 3 states the total amount needed to cure the default and bring the loan current. It generally includes missed monthly payments, accumulated late charges, escrow shortages, and other prepetition costs. In a Chapter 13 plan, this figure is what the debtor proposes to repay over the plan’s three to five years, so it drives the debtor’s monthly plan payment. Inflated or unsupported entries here draw objections and hearings.

Part 4: Monthly Mortgage Payment

Part 4 breaks out the ongoing monthly payment that will come due during the case: principal and interest, escrow for taxes and insurance, and any mortgage insurance. Depending on the jurisdiction and plan, the debtor pays this monthly amount either through the Chapter 13 trustee or directly to the servicer. If the payment later changes, a supplemental notice is required (see below).

Part 5: Payment History From the First Date of Default

Part 5 is the longest section and the one that produces the most disputes. It functions as a complete ledger from the first date of default forward, showing every payment received and how it was allocated among principal, interest, escrow, and fees.² The running totals must tie back to Parts 2 and 3. When they don’t, it points to either a data-entry error or an accounting problem, and either gives the debtor grounds to object. If servicing was transferred or the servicing platform changed mid-default, reconcile across systems before entering the data. Gaps and duplicated entries are easy to spot.

Attaching the Form and Filing

Form 410A is never filed by itself. Attach it to Official Form 410 (the Proof of Claim), along with the copy of the note, evidence of perfection, and the escrow statement if one applies.² Form 410 is the cover claim; Form 410A is the mortgage detail that rides with it.

Most creditors and their attorneys file through the court’s Case Management/Electronic Case Files (CM/ECF) system. After upload, the system issues a Notice of Electronic Filing that acts as the official timestamp. Some districts allow unrepresented creditors to file proofs of claim through CM/ECF; access policies vary. Where electronic filing isn’t available, the clerk’s office can explain paper filing. Whatever the channel, complete the redaction under Rule 9037 first — the court can strike a non-redacted document and impose sanctions.³

Deadlines

The clock runs from the order for relief, which in a voluntary case is the petition date.

Voluntary Chapter 7, 12, or 13: 70 days after the order for relief.⁵
Involuntary Chapter 7: 90 days after the order for relief.⁵
Government units: 180 days after the order for relief.⁵
Supporting documents (note copy, evidence of perfection): may be filed as a supplement within 120 days of the order for relief, even if the claim and Form 410A went in earlier.⁵

The 70-day window is tight when a servicer is managing many files. Start pulling the loan history and escrow data as soon as the bankruptcy notice arrives.

Payment Changes After the Claim Is Filed

Form 410A captures the loan as of the petition date, but the mortgage rarely stays static across a multi-year Chapter 13 case. Rule 3002.1 requires supplemental filings when key items change.

If the monthly payment increases or decreases (escrow adjustment, adjustable-rate change, or any other reason), file and serve a Notice of Mortgage Payment Change on Official Form 410S-1. The debtor, debtor’s attorney, and trustee must receive it at least 21 days before the new payment is due.⁶
Rule 3002.1 also requires notice of any post-petition fees, expenses, or charges assessed against the debtor. The debtor or trustee may contest whether they are proper.

Timing has teeth. If notice of a payment increase is filed late, the new amount does not take effect until the first due date at least 21 days after the notice is actually filed and served. A payment decrease takes effect on the regular due date.⁶ Late notice of an increase costs the servicer: the debtor keeps paying the lower amount until the notice clock catches up.

What Happens if the Form Is Missing or Wrong

Rule 3001(c)(3) gives the court two main tools when a creditor fails to provide required information, including the 410A:

The court may bar the creditor from later presenting the missing information as evidence in a contested matter or adversary proceeding, unless the failure was substantially justified or harmless.¹
The court may award reasonable expenses and attorney’s fees caused by the failure to the debtor or trustee.¹

The evidentiary bar is the harder consequence. A creditor precluded from introducing its payment history or fee documentation may be unable to prove the arrearage or defend particular charges, which can gut the claim. Even when the court permits a corrected filing, the creditor still absorbs the debtor’s attorney fees for bringing the objection. Accuracy problems in Part 5 also invite objections on the merits, because trustees and debtor’s counsel compare that ledger against the borrower’s records line by line — late-credited payments, double-counted fees, and escrow charges that don’t match the tax and insurance bills all surface quickly, and the burden of explanation lands on the creditor.

1
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3001
2
United States Courts. Official Form 410A – Mortgage Proof of Claim Attachment
3
Office of the Law Revision Counsel. 11 USC App Rule 9037 – Privacy Protection for Filings Made With the Court
4
Fannie Mae. Special Note Provisions and Language Requirements
5
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3002
6
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3002.1