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

State:
Multi-State
Control #:
US-CMP-10075
Format:
Word
Instant download

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 Jersey Complaint regarding Action by Bank to Recover on Note After Application of Security Proceeds Description: A New Jersey Complaint regarding Action by Bank to Recover on Note After Application of Security Proceeds refers to a legal document filed by a debtor in New Jersey to contest a bank's attempt to recover on a note or loan despite the application of security proceeds. Keywords: 1. New Jersey Complaint: Refers to a formal legal pleading filed in the state of New Jersey to initiate a civil lawsuit against a bank. 2. Action by Bank: Denotes the bank's attempt to enforce the repayment of a loan despite applying the security funds or collateral provided by the debtor. 3. Recover on Note: Indicates the bank's pursuit to reclaim the outstanding loan balance as agreed upon in the promissory note. 4. Application of Security Proceeds: Refers to the utilization of assets or collateral provided by the debtor to satisfy the loan obligation, reducing the amount owed. 5. Debtor: Represents the individual or entity that owes the bank a debt or is bound by the terms of the loan agreement. 6. Legal Document: A written paper that outlines the debtor's complaint, stating the basis for the lawsuit and the relief sought. Types of New Jersey Complaints regarding Action by Bank to Recover on Note After Application of Security Proceeds: 1. Complaint for Breach of Contract: Filed when the debtor believes that the bank has breached the loan agreement by attempting to recover on the note after the application of security proceeds. 2. Complaint for Unjust Enrichment: Filed when the debtor argues that the bank would be unjustly enriched by recovering on the note after the application of security proceeds, as the debt has already been partially satisfied. 3. Complaint for Breach of Fiduciary Duty: Filed when the bank, in its role as a fiduciary, is suspected of failing to act in the debtor's best interests by attempting to collect on the note despite applying security proceeds. 4. Complaint for Conversion: Filed when the debtor alleges that the bank wrongfully converted the security proceeds and is now seeking repayment of the entire loan amount. 5. Complaint for Declaratory Judgment: Filed when the debtor requests a court to declare that the bank's action to recover on the note after the application of security proceeds is improper, and the loan obligation has been satisfied to a certain extent. Note: It is recommended to consult with a licensed attorney or legal professional to obtain accurate information and guidance regarding the specific requirements and processes related to a New Jersey Complaint regarding Action by Bank to Recover on Note After Application of Security Proceeds. This content is for informational purposes only and does not constitute legal advice.

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FAQ

The mission of the Department of Banking and Insurance is to regulate the banking, insurance and real estate industries in a professional and timely manner that protects and educates consumers and promotes the growth, financial stability and efficiency of those industries.

The Consumer Service Center is the central clearinghouse for complaints and referrals. Consumers who call 973-504-6200 or 1-800-242-5846 will be connected to a representative trained to assist them with their complaint.

Division Initiatives. Angelie's Law. Board Related Information. Laws & Regulations. Email. General AskConsumerAffairs@dca.lps.state.nj.us. Call. Consumer Service Center Hotline (973) 504-6200. Toll free (NJ only) (800) 242-5846. Visit. 124 Halsey Street. At this time, all visitors to DCA offices require an appointment.

Until further notice, the Department will accept service of process Mondays and Wednesdays between a.m. and p.m. If you have any questions regarding service of process, please contact the Office of Regulatory Affairs, 609-292-7272, or send an e-mail to: legsregs@dobi.nj.gov.

New Jersey Department of Banking and Insurance. Consumer Inquiry and Response Center (?CIRC?) P.O. Box 471 ? Trenton, New Jersey 08625-0471. Phone: (609) 292-7272. Fax: (609) 777-0508 or (609) 292-2431.

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.

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 can file a complaint about your bank or lender with the Attorney General's Public Inquiry Unit. Complaints are used by the Attorney General's Office to get information about misconduct and to determine whether to investigate a company. However, we cannot give legal advice or provide legal assistance to individuals.

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