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South Dakota 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.

South Dakota Complaint regarding Action by Bank to Recover on Note After Application of Security Proceeds is a legal document filed by a borrower in South Dakota who disagrees with a bank's decision to pursue further recovery on a promissory note despite the borrower having already applied security proceeds to satisfy the debt. In this type of complaint, the borrower challenges the bank's actions, arguing that the bank's pursuit of recovery is improper due to the borrower already fulfilling their obligations by applying the security proceeds. The following are potentially different types or variations of South Dakota Complaint regarding Action by Bank to Recover on Note After Application of Security Proceeds: 1. South Dakota Complaint — Allegation of Inadequate Security Application: This type of complaint asserts that the borrower properly applied the security proceeds to satisfy the note, but the bank alleges that the application was inadequate or incomplete, leading to further recovery attempts. 2. South Dakota Complaint — Breach of Contract: Here, the borrower claims that the bank breached the contract by seeking additional recovery even after the security proceeds were applied, citing specific contractual provisions that were violated. 3. South Dakota Complaint — Inequitable Conduct of the Bank: In this type, the borrower accuses the bank of engaging in unfair or inequitable conduct by pursuing further recovery despite the security proceeds being rightfully applied. The complaint may detail any fraudulent or deceptive actions taken by the bank. 4. South Dakota Complaint — Violation of State or Federal Laws: This variation involves the borrower asserting that the bank's actions in pursuing recovery go against specific state or federal laws governing debt collection or security interest provisions. The complaint may cite relevant statutes or regulations to support the argument. 5. South Dakota Complaint — Damages and Relief sought: This type of complaint focuses on the borrower seeking damages or specific relief, such as an injunction to prevent the bank from further recovery attempts, based on the harm caused by the wrongful action of the bank. When drafting a South Dakota Complaint regarding Action by Bank to Recover on Note After Application of Security Proceeds, be sure to include relevant keywords like "promissory note," "security proceeds," "debt satisfaction," "breach of contract," "equitable conduct," "inadequate security application," "state laws," "federal laws," "damages," and "relief sought." These keywords will help highlight the crucial points of the complaint, making it easier for the court to understand the borrower's arguments.

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FAQ

The complaint process begins when you submit a complaint to a Federal Reserve Consumer Help (FRCH) representative either online or by mail, fax, or phone. Upon receiving your complaint, a FRCH representative determines the appropriate federal regulator to address your complaint.

To determine your deposit insurance coverage or ask any other specific deposit insurance questions, call 1-877-ASK-FDIC (1-877-275-3342).

Section 10(c) of the FDI Act authorizes the FDIC to conduct a formal investigation to obtain needed information or evidence.

You can submit your complaint or inquiry online at the FDIC Information and Support Center at . Alternatively, you can submit a complaint via mail to the Consumer Response Unit at 1100 Walnut Street, Box#11, Kansas City, MO 64106.

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.

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.

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.

In the unlikely event of a bank failure, the FDIC acts quickly to protect insured depositors by arranging a sale to a healthy bank, or by paying depositors directly for their deposit accounts to the insured limit.

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South Dakota Complaint regarding Action by Bank to Recover on Note After Application of Security Proceeds