RSA 359-P:5 · Recovery Assistance

359-P:5 Recovery Assistance. –

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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&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&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. $ _____________

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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 _______________ %

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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.

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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.

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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.

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V.

Recovery assistance shall be limited to 50 cents on each dollar lost on the amount of the claimant's original investment.

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

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