Section 359-P:5 - Recovery AssistanceI.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) No1.__________________________________________ 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. $_____________
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.Amended by 2021 , 91: 86, eff. 7/1/2021.Amended by 2017 , 109: 2, eff. 6/8/2017.Repealed by 2016 , 293: 6, eff. 7/1/2023.Added by 2016 , 293: 2, eff. 8/20/2016.