§ 359-P:5 — Recovery Assistance

New Hampshire § 359-P:5

• Jurisdiction: New Hampshire
• Title XXXI: TRADE AND COMMERCE
• Ch. 359-P: FRM VICTIMS' CONTRIBUTION RECOVERY FUND

Text

I. A victim eligible for recovery assistance under RSA 359-P:3 may file an application for recovery assistance with the attorney or administrator on the following form:
Financial Resources Mortgage, Inc and CL__ampersand__M, Inc. Victims Indemnification Application
Name
Address
Phone
E-mail
Social Security No.
I.) Proof of Claim Federal Bankruptcy Court Case 09-14565-JMD and 09-14566-JMD date filed ____________________
Loans or Mortgages claimed (copy attached)
1.______________________________ Amount $ __________
2.______________________________ Amount $ __________
3.______________________________ Amount $ __________
4.______________________________ Amount $ __________
5.______________________________ Amount $ __________
6.______________________________ Amount $ __________
7.______________________________ Amount $ __________
8.______________________________ Amount $ __________
9.______________________________ Amount $ __________
10.______________________________ Amount $ __________
Total Proof of Claim Amount $ ___________
II.) Were you a defendant in case no. 09-1184-JMD? Yes No
Were you dismissed from the case? Yes No
III.) Did you settle with the Trustee? Yes No
Did you make a payment to the Trustee for the benefit of the bankruptcy estates to settle with the Trustee? Yes No Amount $ ___________
IV.) List any additional payments to the trustee as a result of any mortgage foreclosed, sold, or repaid as a condition of your settlement. Example: Agreed to split proceeds 80/20 with Trustee.
1.______________________________ Amount $ __________
2.______________________________ Amount $ __________
3.______________________________ Amount $ __________
4.______________________________ Amount $ __________
5.______________________________ Amount $ __________
Post settlement payments to Trustee Amount $ _____________
V.) Did you retain 100% ownership of any mortgages as a result of settlement? Yes (list below) No
1.______________________________ Amount $ __________
2.______________________________ Amount $ __________
3.______________________________ Amount $ __________
4.______________________________ Amount $ __________
5.______________________________ Amount $ __________
Total Retained 100% ownership $ __________
VI.) List any payment from the Trustee on any mortgage he or she foreclosed on, sold, or received repayment of principal and from which proceeds were agreed to be split with you as a result of settlement.
1.______________________________ Amount $ __________
2.______________________________ Amount $ __________
3.______________________________ Amount $ __________
4.______________________________ Amount $ __________
5.______________________________ Amount $ __________
Total Split Proceeds received from Trustee post settlement $ __________
VII.) Final Distribution of Bankruptcy Estate by Trustee received by you $ ___________
VIII.) Total Interest received from FRM or CL__ampersand__M January 2006 through November 2009 $ ___________
(attach form 1040 and Schedule B, Interest and Dividends, for 2006-2009)
Calculate Loss:
A. Total Section I. Proof of Claim $ _____________
Total Section III. Settlement Payment $ _____________
Total Section IV. Proceed split payment to Trustee $ _____________
Total A. $ _____________
B. Total Section V. 00% Retained Mortgages $ _____________
Total Section VI. Proceed Split receipt from Trustee $ _____________
Total Section VII. Final Distribution from Trustee $ _____________
Total Section VIII. Interest Received $ _____________
Total of any other awards not otherwise accounted for $ _____________
Total B. $ _____________
C. Total A minus Total B. Allowable Loss $ _____________
Signature ____________________________
Date _____________________
Signed under penalty of perjury
For administration purposes only
Grand Total All Losses submitted $ _____________
(name) ___________________ allowable loss submitted $ __________
Percent of Grand Total submitted _______________ %
II. The complete application shall be received not more than 180 days after the appointment of a private attorney or administrator pursuant to RSA 359-P:4. An extension of time may be granted for good cause shown by the claimant. However, an application that is received more than 270 days after the appointment of a private attorney or administrator shall not be accepted. The attorney or administrator shall send a notice regarding the process for recovery under this chapter to the last known address of potential claimants.
III. All applications filed in compliance with this chapter shall be accepted. Processing of an application shall begin upon receipt of a complete application. All applications shall be reviewed by the attorney or administrator to ensure that the applications are complete. If an application is not complete, it shall be returned to the claimant with a brief statement of the additional information required. The application shall be denied if the applicant does not furnish additional information or additional time is not granted for good cause. Once an application is accepted as complete, the applicant shall be so notified.
IV. The attorney or administrator shall determine the amount of loss of original investments, if any, of each claimant and the pro rata share to be distributed to a claim demonstrating loss.
V. Recovery assistance shall be limited to 50 cents on each dollar lost on the amount of the claimant's original investment.
VI. The attorney or administrator may consider individual claims filed by persons owning a joint interest that was subject to loss due to the Financial Resources Mortgage fraud, but any recovery awarded shall only be to the extent of each individual claimant's original investment.

Legislative History

2016, 293:2, eff. Aug. 20, 2016. 2017, 109:2, eff. June 8, 2017.