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Form #1173Complaint 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:Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â )
                                                                       )
DEBTOR,      Â
                                              )          Case No.         xx-xxxxx                                                                                                         )
                       Plaintiffs,                  Â
             )         Chapter           xx                                                                                                                   )
                       vs.                                           )
                                                                       )
CREDITOR,                                                 )          Adv. No.         xxxxxxxxx
                                                 Â
                    )
                       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.Â
(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. Â
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.Â
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 |
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.
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Bill A. Mueller's Forms |
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These forms are provided to assist business owners and others in understanding important
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Keywords: mortgage charges, bankruptcy mortgage accounting, mortgage bankruptcy charges, late fees, accounting, questionable mortgage fees
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