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New Hampshire Complaint regarding Action by Bank to Recover on Note After Application of Security Proceeds

State:
Multi-State
Control #:
US-CMP-10075
Format:
Word
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Description

This form is a Complaint concerning a promissory note. The complaint provides that the maker was unable to pay the balance due on a loan advanced by the lender. Lenders now demand judgment against the defendants as guarantors of the loan received by the maker.

Title: New Hampshire Complaint regarding Action by Bank to Recover on Note After Application of Security Proceeds Introduction: A New Hampshire Complaint regarding Action by Bank to Recover on Note After Application of Security Proceeds is a legal document submitted by an individual or entity to address concerns regarding a bank's attempt to collect on a note despite the existence of security proceeds. This complaint seeks to protect the rights and interests of the party in question, highlighting any unlawful or improper actions taken by the bank. Types of Complaints: 1. New Hampshire Complaint for Breach of Security Instrument: This type of complaint focuses on the bank's violation of a security instrument, such as a mortgage or lien, by attempting to recover on a note even after security proceeds have been applied. 2. New Hampshire Complaint for Unjust Enrichment: This complaint alleges that the bank's intended collection action is unjust, as the party has already provided the security proceeds necessary to cover the debt, leading to a potential windfall for the bank. 3. New Hampshire Complaint for Breach of Good Faith and Fair Dealing: This complaint asserts that the bank's actions contradict the implied duty of good faith and fair dealing, accusing the bank of attempting to collect on a note after receiving the benefits from the application of security proceeds. Content of the Complaint: 1. Caption: The complaint starts with a caption, including the names of the parties involved, the court's jurisdiction, case number, and other pertinent details. 2. Introduction: A clear and concise statement identifying the plaintiff and defendant and explaining the reason for the complaint concerning the bank's actions to recover on a note after applying security proceeds. 3. Factual Allegations: A detailed description of events, including a timeline, outlining how the security proceeds were applied and the subsequent attempts by the bank to collect on the note despite such application. 4. Legal Basis: Identification and reference to applicable New Hampshire laws, statutes, regulations, or case precedents supporting the plaintiff's position that the bank's actions are improper and illegal. 5. Violation of Security Instrument: If applicable, explicit reference to the provisions within the security instrument violated by the bank's actions, explaining how these provisions prevent the bank from pursuing collection efforts after the application of security proceeds. 6. Unjust Enrichment: If applicable, a strong argument demonstrating how the bank's collection action, despite the availability of security proceeds, would result in the unjust enrichment of the bank at the expense of the plaintiff. 7. Breach of Good Faith and Fair Dealing: If applicable, emphasizing the relationship of good faith and fair dealing that exists between the parties and highlighting how the bank's actions contradict these principles. 8. Prayer for Relief: A section stating the specific relief sought by the plaintiff, which could include a request for a temporary restraining order, injunctive relief, damages, attorney fees, and any other appropriate remedies under New Hampshire law. Conclusion: A New Hampshire Complaint regarding Action by Bank to Recover on Note After Application of Security Proceeds aims to protect the rights and interests of the plaintiff by challenging the bank's attempts to collect on a note despite the existence of security proceeds. By utilizing relevant keywords, this detailed description provides a comprehensive overview of the complaint's purpose, types, and content.

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FAQ

File banking and credit complaints with the Consumer Financial Protection Bureau. If contacting your bank directly does not help, visit the Consumer Financial Protection Bureau (CFPB) complaint page to: See which specific banking and credit services and products you can complain about through the CFPB.

How can I file a complaint with the Federal Reserve Board (FRB)? If your problem concerns a state-chartered bank that is a member of the Federal Reserve System, contact the Federal Reserve Consumer Help unit. You may also contact the relevant state attorneys general or state banking department.

File a complaint with the Consumer Financial Protection Bureau (CFPB). If the bank won't refund your money, the CFPB will investigate. The CFPB will follow up, and most companies respond within 15 days.

At the latest, you must notify your bank within 60 days after your bank or credit union sends your statement showing the unauthorized transaction. If you wait longer, you could have to pay the full amount of any transactions that occurred after the 60-day period and before you notify your bank.

Refer to your deposit account agreement for the bank's funds availability policy. If your bank is a national bank or federal savings association, and you believe it is holding your funds longer than allowed, file a written complaint with the Office of the Comptroller of the Currency's (OCC) Customer Assistance Group.

Yes. Your bank may hold the funds ing to its funds availability policy. Or it may have placed an exception hold on the deposit.

Where can I complain if I have a problem with my Bank? You can raise your grievance on the Digital Complaint Management System (CMS) Portal: .

You may also file a complaint via the FDIC's FDIC Information and Support Center. State your inquiry or complaint, making certain to include the name and street address of the bank. Provide a brief description of your complaint. Enclose copies of related documentation.

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New Hampshire Complaint regarding Action by Bank to Recover on Note After Application of Security Proceeds