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Form #1173

Complaint for Accounting

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Complaint to require a mortgage company to explain all of its charges, after RESPA letter has been filed but the mortgage company has not responded appropriately.


This form can only be used after a RESPA letter was sent to the mortgage company and the company either did not respond, or did not properly respond.
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                                   IN THE UNITED STATES BANKRUPTCY COURT

                                            FOR THE (district) DISTRICT OF (state)

 

In Re:                                                               )

                                                                        )

DEBTOR,                                                        )           Case No.          xx-xxxxx                                                                                                           )

                        Plaintiffs,                                  )           Chapter            xx                                                                                                                     )

                        vs.                                            )

                                                                        )

CREDITOR,                                                    )           Adv. No.          xxxxxxxxx

                                                                        )

                        Defendant.                                )

 

COMPLAINT FOR VIOLATION OF R.E.S.P.A. 12 USC § 2605(e) AND

COMPLAINT TO COMPEL ACCOUNTING

 

            COMES NOW the Plaintiff, Debtor, and for his/her Complaint for Violation of R.E.S.P.A 12 USC § 2605(e) and Complaint to Compel Accounting states as follows:

ALLEGATIONS COMMON TO ALL COUNTS

1.         That on (filing date), Plaintiff filed for relief under Chapter 13 of the Bankruptcy Code.  (Exhibit 1)

2.         That the debt to (Creditor), and hereafter referred to as the Defendant was scheduled.  (Exhibit 2)

3.         That the Chapter 13 Plan filed by the Plaintiff stated both the regular monthly payments and the arrearages would be paid by the Chapter 13 Trustee(Exhibit 3)

4.         That the payments were scheduled in the Chapter 13 plan as $xxx.xx beginning at filing.  (Exhibit 3)

5.         That the arrearages were scheduled in the Chapter 13 plan to be paid 100% by Trustee with 0% interest rate.  (Exhibit 3)

6.         That Defendant filed a Proof of Claim on (date), in the total amount of $(amount) for arrearages.  (Exhibit 4)

7.         That the information contained in the Proof of Claim was insufficient to determine the accuracy of the arrearage amount indicated on the Proof of Claim.

 

 

COUNT I- R.E.S.P.A. 12 USC § 2605(e)

(Real Estate Settlement and Procedures Act)

8.         That on (date) the Plaintiff sent a qualified R.E.S.P.A. letter to the Defendant.  (Exhibit 5)

9.         That as of the date of this Complaint for Violation of R.E.S.P.A 12 USC § 2605 (e) and Complaint to Compel Accounting, no response has been received from the Defendant.

10.        That the Defendant is in violation of R.E.S.P.A.  

WHEREFORE Plaintiff respectfully requests the Court enter Judgment against Defendant, (Creditor), for violation of R.E.S.P.A, for actual damages, cost, attorney’s fees and statutory damages, plus any further relief the Court sees fit.

 

COUNT II- COMPLAINT FOR ACCOUNTING

11.        That on (date) the Plaintiff sent a qualified R.E.S.P.A. letter to the Defendant.  (Exhibit 5)

12.        That as of the date of this Complaint for Violation of R.E.S.P.A 12 USC § 2605(e) and Complaint to Compel Accounting, no response has been received from the Defendant.

13.        That the Defendant is in violation of R.E.S.P.A. 

14.        That the Plaintiff requests the Defendant be ordered to provide a strict and total explanation of the accounting of this loan.

15.        That if the accounting is not readily understandable to someone that is not in the mortgage business, that the Defendant must provide clear and comprehensive instructions on how to read the accounting.

            WHEREFORE the Plaintiff requests this Court to compel the Defendant to provide a strict and total explanation of the accounting of this loan and if the accounting is not readily understandable, that the Defendant must provide clear and comprehensive instructions on how to read the accounting, plus any further relief the Court sees fit.

 

                                                                                DEBTOR

Attorney Advertising
The Bankruptcy Center is only advertising in states where they are admitted to practice
Contributed by
Bill A. Mueller
 
Name of Firm The Bankruptcy Center
Profession (lawyer symbol)   Lawyer
Branch of Law Bankruptcy,
Location Belleville, Illinois, United States
Principal Office Address The Bankruptcy Center, 5312 West Main Street, Belleville, IL 62226
Practicing law since 1/1/1984
Education / Certifications Eastern Illinois University, Charleston, IL, B.A., Magna Cum Laude. St. Louis University School of Law, MO, J.D., Cum Laude. Bar Admissions: IL in 1984, MO in 1985, US District Court Southern District of IL in 1984. National Association of Chap 13 Trustees, 1991 to Present. Member Southern IL Bankruptcy Institute, 1991 to Present. IL State Bar Association 1984 to Present. Bank & Bankruptcy Section Council St. Clair County Bar Association, 1984 to Present. National Association of Consumer Bankruptcy Attorneys, 1996 to Present. American Consumer Bankruptcy College (a national association of large Consumer Bankruptcy filers) 2004 Founding Member. Bankruptcy Association of Southern IL (BASIL), 2005 President & Founding Member.
Total Forms Contributed 1
Phone 618-236-7000
Website http://www.thebankruptcycenter.net
Email
 Consumer Bankruptcy Law. Chapter 7 & and Chapter 13.
State Advertising Disclaimer:
The choice of a lawyer is an important decision and should not be based upon advertisements.
The choice of a lawyer is an important decision and should not be based upon advertisements.
Other Disclaimers::
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

See All Bill A. Mueller's Forms
 

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Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
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Keywords: mortgage charges, bankruptcy mortgage accounting, mortgage bankruptcy charges, late fees, accounting, questionable mortgage fees

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