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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): June 15, 1997
EQCC HOME EQUITY LOAN TRUST 1997-1
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(Exact name of registrant as specified in governing instruments)
Delaware 333-20675 59-3353406
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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 11
Exhibit Index Located at Page 5
Page 1 of 11
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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
1996-1 to holders of Class A-1 Certificates, Class A-2
Certificates, Class A-3 Certificates, Class A-4 Certificates,
Class A-5 Certificates, Class A-6 Certificates and Class R
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 a 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.
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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
(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]
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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 1997-1
(Registrant)
EQUICREDIT CORPORATION OF AMERICA
as Representative
June 15, 1997 BY: /s/ STEPHEN R. VETH
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Stephen R. Veth
Executive Vice President
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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 7
August Remittance Date.
[THIS SPACE IS INTENTIONALLY LEFT BLANK]
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EXHIBIT 99
Trustee's Remittance Report in respect of the August Remittance Date.
[ THIS SPACE IS INTENTIONALLY LEFT BLANK ]
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FIRST BANK NATIONAL ASSOCIATION
AS TRUSTEE
REMITTANCE REPORT FOR
EQCC HOME EQUITY LOAN ASSET BACKED CERTIFICATES, SERIES 1997-1
FROM May 15, 1997
TO June 15, 1997
FIXED RATE VARIABLE RATE
TOTAL GROUP GROUP
<S> <C> <C> <C>
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(i) AVAILABLE PAYMENT AMOUNT 12,323,757.95 700,212.94 5,323,545.01
Portions subject to bankruptcy 0.00
(ii) CLASS A-1 PRINCIPAL BALANCE (Beginning) 188,368,643.31
CLASS A-2 PRINCIPAL BALANCE (Beginning) 18,259,000.00
CLASS A-3 PRINCIPAL BALANCE (Beginning) 127,073,000.00
CLASS A-4 PRINCIPAL BALANCE (Beginning) 47,407,000.00
CLASS A-5 PRINCIPAL BALANCE (Beginning) 25,494,000.00
CLASS A-6 PRINCIPAL BALANCE (Beginning) 33,989,000.00
CLASS A-7 PRINCIPAL BALANCE (Beginning) 50,000,000.00
CLASS A-8 PRINCIPAL BALANCE (Beginning) 92,748,590.05
POOL PRINCIPAL BALANCE (Beginning) 583,339,233.36 490,590,643.31 92,748,590.05
(iii) MORTGAGES:
NUMBER OF PRINCIPAL PREPAYMENTS 141 84 57
PRINCIPAL BALANCE OF MORTGAGES PREPAYING 705,033.20 650,094.33 54,938.87
(iv) AMOUNT OF CURTAILMENTS RECEIVED 46,977.71 46,011.13 966.58
(v) AGGREGATE AMOUNT OF PRINCIPAL PORTION OF
MONTHLY PAYMENTS RECEIVED 8,269,358.99 3,495,162.91 4,774,196.08
(vi) INTEREST RECEIVED ON MORTGAGES 4,823,670.80 4,094,141.80 729,529.00
(vii) AGGREGATE ADVANCES 4,037,856.63 3,402,896.07 634,960.56
(viii) MORTGAGE DELINQUENCIES 30-59 DAYS:
NUMBER 173 152 21
PRINCIPAL BALANCE 8,946,281.81 7,280,741.20 1,667,540.61
% OF PRINCIPAL 1.560000% 1.500000% 1.900000%
MORTGAGE DELINQUENCIES 60-90 DAYS:
NUMBER 55 51 4
PRINCIPAL BALANCE 2,804,907.57 2,466,445.31 338,462.28
% OF PRINCIPAL 0.490000% 0.510000% 0.380000%
MORTGAGE DELINQUENCIES 90 DAYS OR MORE:
NUMBER 17 11 6
PRINCIPAL BALANCE 929,078.03 409,867.64 519,210.39
% OF PRINCIPAL 0.160000% 0.080000% 0.590000%
MORTGAGE IN FORECLOSURE:
NUMBER 0 0 0
PRINCIPAL BALANCE 0.00 0.00 0.00
% OF PRINCIPAL 0.000000% 0.000000% 0.000000%
MORTGAGE IN BANKRUPTCY:
NUMBER 43 34 9
PRINCIPAL BALANCE 2,196,498.34 1,657,179.92 539,318.42
% OF PRINCIPAL 0.380000% 0.340000% 0.610000%
MORTGAGE LOAN LOSSES: 0.00 0.00 0.00
(ix) ENDING CLASS A-1 PRINCIPAL BALANCE 184,177,374.94
ENDING CLASS A-2 PRINCIPAL BALANCE 18,259,000.00
ENDING CLASS A-3 PRINCIPAL BALANCE 127,073,000.00
ENDING CLASS A-4 PRINCIPAL BALANCE 47,407,000.00
ENDING CLASS A-5 PRINCIPAL BALANCE 25,494,000.00
ENDING CLASS A-6 PRINCIPAL BALANCE 33,989,000.00
ENDING CLASS A-7 PRINCIPAL BALANCE 50,000,000.00
ENDING CLASS A-8 PRINCIPAL BALANCE 87,918,488.52
(x) WEIGHTED AVERAGE MATURITY OF MORTGAGE LOANS 160.36535665 171.03206220 101.35302114
WEIGHTED AVERAGE MORTGAGE INTEREST RATE 10.56875423% 10.722107% 9.720348%
(xi) SERVICING FEES PAID 274,896.24 229,417.79 45,478.45
SERVICING FEES ACCRUED 288,462.53 243,560.89 44,901.64
(xii) SECTION 5.04 SERVICER PAYMENTS OR REIMBSMTS. 0.00
(xiii) POOL PRINCIPAL BALANCE (ENDING) 574,317,863.46 486,399,374.94 87,918,488.52
(xiv) RESERVED
(xv) REIMBURSABLE AMOUNTS:
TO SERVICER (0.00)
TO REPRESENTATIVE 0.00
TO DEPOSITORS 0.00
(xvi) NUMBER OF MORTGAGES OUTSTANDING (BEGINNING) 12,145 11,038 1,107
NUMBER OF MORTGAGES OUTSTANDING (END) 12,004 10,954 1,050
(xvii) AGGREGATE INTEREST ACCRUED ON THE MORTGAGE LOANS 5,084,335.64 4,353,911.86 730,423.78
(xviii)PRINCIPAL BALANCE OF MORTGAGE LOANS < 8.17% 2,645,090.53
PRINCIPAL BALANCE OF MORTGAGE LOANS < 8.26% 4,049,166.55
(xix) SUBORDINATED AMOUNT (REMAINING) 78,732,889.00
SPREAD ACCOUNT BALANCE (AFTER DISTRIBUTIONS) 18,251,670.61
CUMULATIVE EXCESS SPREAD ACCOUNT RECEIPTS 0.00
EXCESS SPREAD 1,493,485.06 1,301,406.40 192,078.66
(xx) AGGREGATE MORTGAGE LOAN LOSSES 0.00
(xxi) LIBOR INTEREST CARRYOVER 0
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