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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
______________________________
8-K
_____________________________
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): May 15, 1997
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EQCC HOME EQUITY LOAN TRUST 1996-2
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(Exact name of registrant as specified in governing instruments)
Delaware 33-99344 59-3375595
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(State or other (Commission File IRS Employer
jurisdiction of Number) Identification No.)
organization)
10401 Deerwood Park Boulevard, Jacksonville, Florida 32256
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(Address of principal offices) (Zip Code)
Registrant's telephone number, including area code: (904) 987-5000
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Not Applicable
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(Former name or former address, if changed since last report)
Total Number of Pages 10
Exhibit Index Located at Page 5
Page 1 of 10
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Items 1 through 4, Item 6, and Item 8 are not included because they
are not applicable.
Item 5. Other Events.
(a) Merger. On September 26, 1994, EquiCredit Corporation (the
"Company") entered into an Agreement and Plan of Merger (the "Merger
Agreement") with Barnett Banks, Inc. ("Barnett Banks") and a Delaware
corporation to be formed as wholly-owned subsidiary of Barnett Banks
(the "Merger Subsidiary"). The transaction was consummated on January
27, 1995.
(b) On August 15, 1996, (the "August Remittance Date") a scheduled
distribution was made from EQCC Home Equity Loan Trust 1996-2 to
holders of Class A-1 Certificates, Class A-2 Certificates, Class A-3
Certificates, Class A-4 Certificates and Class A-5 Certificates. The
information contained in the Trustee's Remittance Report in respect of
the August Remittance Date, attached hereto as Exhibit 99, is hereby
incorporated by reference.
(c) On February 19, 1996, a class action complaint was filed in the
U.S. District Court for the Northern District of Georgia by Elizabeth
D. Washington on behalf of herself and others similarly situated,
against EquiCredit Corporation of Ga., an affiliate of EquiCredit
Corporation of America. Plaintiff purports to represent a class (the
"Class") consisting of all persons who obtained "federally regulated
mortgage loans" from February 16, 1995 to February 16, 1996 on which a
fee or yield spread premium ("YSP") was paid to a mortgage broker.
The action is brought pursuant to the Real Estate Settlement
Procedures Act ("RESPA") alleging that EquiCredit violated RESPA by
paying a YSP to Funding Center of Georgia, Inc. ("FCG"), failing to
disclose such YSP on the Good Faith Estimate of settlement costs, and
failing to provide a Good Faith Estimate and HUD "Special Information
Booklet" within three days of receipt of loan application. Plaintiff
seeks judgment equal to three times the amount of all YSP paid by
EquiCredit to FCG and other brokers, as well as court costs and
litigation expenses, attorney fees and such other relief which may be
granted by the court. Management of EquiCredit denies that the
Company has violated any law, rule, or regulation as asserted in the
Plaintiff's Complaint. The parties have agreed in principle to settle
the action and settlement agreement is being negotiated and will be
presented to the court for approval. The agreement contemplates
payment by EquiCredit of the total settlement amount of $352,000 in
full compromise and settlement of all claims of plaintiff and class
members. By reaching agreement in principle to settle the case,
EquiCredit does not admit to any wrongdoing and in fact specifically
denies any liability or wrongdoing whatsoever.
2
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As of October 1, 1993, Old Stone Credit Corporation is n/k/a EquiCredit
Corporation of America.
Item 7. Financial Statements and Exhibits.
(a) Financial Statements - Not Applicable
(b) Pro Forma Financial Information - Not Applicable
(c) Exhibits
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(Exhibit numbers conform to Item 601 of Regulation S-K):
99 Trustee's Remittance Report in respect of the August
Remittance Date.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
3
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Signatures
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf the
undersigned hereto duly authorized.
EQCC HOME EQUITY LOAN TRUST 1996-2
(Registrant)
EQUICREDIT CORPORATION OF AMERICA
as Representative
May 15, 1997 BY: /s/ STEPHEN R. VETH
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Stephen R. Veth
Executive Vice President
4
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INDEX TO EXHIBITS
Sequentially
EXHIBIT Numbered
NUMBER Exhibit Page
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99 -- Trustee's Remittance Report in respect
of the August Remittance Date. 7
[ THIS SPACE IS INTENTIONALLY LEFT BLANK ]
5
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EXHIBIT 99
Trustee's Remittance Report in respect of the August Remittance Date.
[ THIS SPACE IS INTENTIONALLY LEFT BLANK ]
6
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FIRST BANK NATIONAL ASSOCIATION
AS TRUSTEE
REMITTANCE REPORT FOR
EQCC HOME EQUITY LOAN ASSET BACKED CERTIFICATES, SERIES 1996-2
FROM April 15, 1997
TO May 15, 1997
<TABLE>
<CAPTION>
TOTAL
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<C> <S> <C>
(i) AVAILABLE PAYMENT AMOUNT 9,529,329.96
Portions subject to bankrupty 0.00
(ii) CLASS A-1 PRINCIPAL BALANCE (Beginning) 70,783,323.10
CLASS A-2 PRINCIPAL BALANCE (Beginning) 103,241,000.00
CLASS A-3 PRINCIPAL BALANCE (Beginning) 40,703,000.00
CLASS A-4 PRINCIPAL BALANCE (Beginning) 46,564,000.00
CLASS A-5 PRINCIPAL BALANCE (Beginning) 15,936,000.00
0.00
POOL PRINCIPAL BALANCE (Beginning) 277,227,323.10
(iii) MORTGAGES:
NUMBER OF PRINCIPAL PREPAYMENTS 172
PRINCIPAL BALANCE OF MORTGAGES PREPAYING 7,364,116.00
(iv) AMOUNT OF CURTAILMENTS RECEIVED 120,213.81
(v) AGGREGATE AMOUNT OF PRINCIPAL PORTION OF
MONTHLY PAYMENTS RECEIVED 449,491.71
(vi) INTEREST RECEIVED ON MORTGAGES 2,422,724.76
(vii) AGGREGATE ADVANCES 1,903,286.90
(viii) MORTGAGE DELINQUENCIES 30-59 DAYS:
NUMBER 147
PRINCIPAL BALANCE 7,041,404.22
% OF PRINCIPAL 2.610000%
MORTGAGE DELINQUENCIES 60-90 DAYS:
NUMBER 54
PRINCIPAL BALANCE 2,761,147.87
% OF PRINCIPAL 1.030000%
MORTGAGE DELINQUENCIES 90 DAYS OR MORE:
</TABLE>
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<TABLE>
<C> <S> <C>
NUMBER 171
PRINCIPAL BALANCE 8,703,137.23
% OF PRINCIPAL 3.230000%
MORTGAGES IN FORECLOSURE:
NUMBER 78
PRINCIPAL BALANCE 4,174,241.08
% OF PRINCIPAL 1.550000%
MORTGAGES IN BANKRUPTCY
NUMBER 89
PRINCIPAL BALANCE 4,158,064.48
% OF PRINCIPAL 1.540000%
MORTGAGE LOAN LOSSES 11,444.06
(ix) ENDING CLASS A-1 PRINCIPAL BALANCE 62,826,653.00
ENDING CLASS A-2 PRINCIPAL BALANCE 103,241,000.00
ENDING CLASS A-3 PRINCIPAL BALANCE 40,703,000.00
ENDING CLASS A-4 PRINCIPAL BALANCE 46,564,000.00
ENDING CLASS A-5 PRINCIPAL BALANCE 15,936,000.00
(x) WEIGHTED AVERAGE MATURITY OF MORTGAGE LOANS 162.72016652
WEIGHTED AVERAGE MORTGAGE INTEREST RATE 10.50944791%
(xi) SERVICING FEES PAID 138,259.08
SERVICING FEES ACCRUED 136,036.69
(xii) SECTION 5.04 SERVICER PAYMENTS OR REIMBSMTS. 49.00
(xiii) POOL PRINCIPAL BALANCE (ENDING) 269,270,653.00
(xiv) RESERVED
(xv) REIMBURSABLE AMOUNTS:
TO SERVICER (0.00)
TO REPRESENTATIVE 0.00
TO DEPOSITORS 0.00
(xvi) NUMBER OF MORTGAGES OUTSTANDING (BEGINNING) 5917
NUMBER OF MORTGAGES OUTSTANDING (END) 5745
(xvii) AGGREGATE INTEREST ACCRUED ON THE MORTGAGE LOANS 2,384,948.79
(xviii) PRINCIPAL BALANCE OF MORTGAGE LOANS WITH
MORTGAGE INTEREST RATES LESS THAN 8.45% 569,279.64
MORTGAGE INTEREST RATES LESS THAN 8.55% 2,194,622.33
(xix) SUBORDINATED AMOUNT (REMAINING) 32,007,466.44
</TABLE>
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<TABLE>
<C> <S> <C>
SPREAD ACCOUNT BALANCE( AFTER DISTRIBUTIONS) 11,130,240.85
EXCESS SPREAD 650,332.37
CUMMULATIVE EXCESS SPREAD ACCOUNT RECEIPTS 167,533.56
(xx) AGGREGATE MORTGAGE LOAN LOSSES 167,533.56
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