-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, S4nd+H9TPCShA0AnNDQmj+nhYaLPee0ivN8trY45RjpyDscBrJ724V7hNoZVAbbD RETfdzpVkiFjscdeg4v1cQ== 0001034225-97-000165.txt : 19970710 0001034225-97-000165.hdr.sgml : 19970710 ACCESSION NUMBER: 0001034225-97-000165 CONFORMED SUBMISSION TYPE: 10-K/A PUBLIC DOCUMENT COUNT: 4 CONFORMED PERIOD OF REPORT: 19961231 FILED AS OF DATE: 19970709 SROS: NONE FILER: COMPANY DATA: COMPANY CONFORMED NAME: EQUIVANTAGE HOME EQUITY LOAN TRUST 1996-3 CENTRAL INDEX KEY: 0001024016 STANDARD INDUSTRIAL CLASSIFICATION: ASSET-BACKED SECURITIES [6189] STATE OF INCORPORATION: NY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 10-K/A SEC ACT: 1934 Act SEC FILE NUMBER: 033-99364-02 FILM NUMBER: 97638314 BUSINESS ADDRESS: STREET 1: C/O NORWEST BANK MINNESOTA N A STREET 2: 11000 BROKEN LAND PKWY CITY: COLUMBIA STATE: MD ZIP: 21044 MAIL ADDRESS: STREET 1: C/O NORWEST BANK MINNESOTA NA STREET 2: 11000 BROKEN LAND PKWY CITY: COLUMBIA STATE: MD ZIP: 21044 10-K/A 1 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-K/A Amendment No. 1 (Mark One) | x | ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 1996 | | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File No.: 033-99364-02 Equivantage Home Equity Loan Trust, Series 1996-3 (Exact name of registrant as specified in its charter) New York (governing law of pooling and servicing agreement) State or other jurisdiction of incorporation or organization) 52-1996150, 52-1996153 (I.R.S. Employer Identification No.) c/o Norwest Bank Minnesota, N.A. 11000 Broken Land Parkway Columbia, MD 21044 (Address of principal executive (Zip Code) offices) Registrant's telephone number, including area code (410)884-2000 Securities registered pursuant to Section 12(b) of the Act: NONE Securities registered pursuant to Section 12(g) of the Act: NONE Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes X No This Amendment No. 1 on Form 10-K/A amends Item 14 of the original Annual Report on Form 10-K (the "Original Form 10-K") filed on March 26, 1997, by Norwest Bank Minnesota, N.A. (the "Reporting Person"), on behalf of Equivantage Home Equity Loan Trust, Series 1996-3 (the "Trust"), established pursuant to a Pooling and Servicing Agreement (the "Pooling and Servicing Agreement") among Equivantage Acceptance Corp., as Sponsor, (the "Sponsor"), Equivantage Inc., as Servicer, (the "Servicer"), and Norwest Bank Minnesota, N.A., as Trustee, ( the "Trustee"), pursuant to which the Equivantage Home Equity Loan Trust, Series 1996-3, certificates registered under the Securities Act of 1933 (the "Certificates") were issued. Item 14 of the Original Form 10-K is amended to read in its entirety as follows: Item 14. Exhibits, Financial Statement Schedules, and Reports on Form 8-K. (a) Exhibits 99.1 Annual Report of Independent Public Accountants' as to master servicing activities or servicing activities as applicable: (a) Transworld Mortgage Corporation, as Servicer 99.2 Management Assertion Letter: (a) Transworld Mortgage Corporation, as Servicer 99.3 Annual Statements of Compliance with obligations under the Pooling Agreement or servicing agreement, as applicable, of: (a) Transworld Mortgage Corporation, as Servicer (b) On October 8, 1996, November 13, 1996, and December 13, 1996 a report on Form 8-K was filed in order to provide the statements for the monthly distributions to holders of the Certificates. No other reports on Form 8-K have been filed during the last quarter of the period covered by this report. (c) Omitted. (d) Omitted. Filed herewith. SIGNATURE Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized: Equivantage Home Equity Loan Trust, Series 1996-3 By: Norwest Bank Minnesota, N.A., as Trustee By: /s/ Sherri J. Sharps By: Sherri J. Sharps Title: Vice President Dated: June 24, 1997 EXHIBIT INDEX Exhibit No. 99.1 Annual Report of Independent Public Accountants' as to master servicing activities or servicing activities as applicable: (a) Transworld Mortgage Corporation, as Servicer 99.2 Management Assertion Letter: (a) Transworld Mortgage Corporation, as Servicer 99.3 Annual Statements of Compliance with obligations under the Pooling Agreement or servicing agreement, as applicable, of: (a) Transworld Mortgage Corporation, as Servicer Filed herewith. EX-99.1(A) 2 ANNUAL INDEPENDENT ACCOUNTANTS' SERVICING REPORTS (logo) ERNST & YOUNG LLP o One Houston Center o Phone:713 750 1500 Suite 2400 Fax: 713 750 1501 1221 McKinney Street Houston, Texas 77010-2007 Report on Management's Assertion on Compliance With Minimum Servicing Standards Set Forth in the UNIFORM SINGLE ATTESTATION PROGRAM FOR MORTGAGE BANKERS Chairman of the Board Transworld Mortgage Corporation We have examined management's assertion that Transworld Mortgage Corporation (the "Corporation") complied with the minimum servicing standards set forth in the Mortgage Bankers Association of America's UNIFORM SINGLE ATTESTATION PROGRAM FOR MORTGAGE BANKERS ("USAP") during the year ended December 31, 1996, included in the accompanying report titled Report of Management. Management is responsible for the Corporation's compliance with those requirements. Our responsibility is to express an opinion on management's assertions about the Corporation's compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about the Corporation's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Corporation's compliance with specified requirements. In our opinion, management's assertion that the Corporation complied with the aforementioned requirements during the period ended December 31, 1996, is fairly stated, in all material respects. /s/ Ernst & Young LLP February 14, 1997 Ernst & Young LLP is a member of Ernst & Young International, Ltd. EX-99.2(A) 3 REPORT OF MANAGEMENT (logo) TRANSWORLD M 0 R T G A G E C 0 R P 0 R A T I 0 N Management's Assertion on Compliance With Minimum Servicing Standards Set Forth in the UNIFORM SINGLE ATTESTATION PROGRAM FOR MORTGAGE BANKERS Report of Management We, as members of management of Transworld Mortgage Corporation (the "Corporation"), are responsible for complying with the minimum servicing standards as set forth in the Mortgage Bankers Association of America's UNIFORM SINGLE ATTESTATION PROGRAM FOR MORTGAGE BANKERS ("USAP"). We are also responsible for establishing and maintaining effective internal control over compliance with these standards. We have performed an evaluation of the Corporation's compliance with the minimum servicing standards as set forth in the USAP as of December 31, 1996, and for the period then ended. Based on this evaluation, we assert that during the year ended December 31, 1996, the Corporation complied with the minimum servicing standards set forth in the USAP. As of and for this same period, the Corporation had in effect a fidelity bond and errors and omissions policy in the amount of $3.6 million. /s/ Linda J. Shelton Linda J. Shelton, Vice President of Quality Control 13111 NORTHWEST FREEWAY HOUSTON, TEXAS 77040-6311 (713) 895-6600 P.O. BOX 1529 HOUSTON, TEXAS 77210-1529 EX-99.3(A) 4 ANNUAL STATEMENT OF COMPLIANCE Investor #EO5 (logo) TRANSWORLD M 0 R T G A G E C 0 R P 0 R A T I 0 N OFFICER'S CERTIFICATE FOR ANNUAL REPORTING TO NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION (TRUSTEE) EQUIVANTAGE HOME EQUITY LOAN TRUST 1996-3 The undersigned Officer certifies the following for the fiscal year ending December 31, 1996: (A) all premiums for each Hazard Insurance Policy, Flood Insurance Policy (if applicable) and Primary Mortgage Insurance Policy (if applicable), with respect to each Mortgaged Property, have been paid and that all such insurance policies are in full force and effect; (B) all real estate taxes, governmental assessments and any other expenses accrued and due, that if not paid could result in a lien or encumbrance on any Mortgaged Property, have been paid, or if any such costs or expenses have not been paid with respect to any Mortgaged Property, the reason for the non-payment has been reported to Norwest Bank Minnesota, National Association; (C) that he/she has reviewed the activities and performance of the Servicer during the preceding fiscal year under the terms of the Pooling and Servicing Agreement and to the best of my knowledge, the Servicer has fulfilled all of its duties, responsibilities or obligations under this Agreement throughout such year, or if there has been a default or failure of the servicer to perform any of such duties, responsibilities or obligations, a description of each default or failure and the nature and status thereof has been reported to Norwest Bank Minnesota, National Association; (D) that he/she has confirmed that the Fidelity Bond, the Errors and Omissions Insurance Policy and any other bonds required under the terms of the Pooling and Servicing Agreement are in full force and effect; (E) that the custodial P&I and T&I accounts have been reconciled in accordance with the terms of Pooling and Servicing Agreement. TRANSWORLD MORTGAGE CORPORATION Sub-Servicer for EquiVantage Inc. Certified By : /s/ Linda J. Shelton Linda J. Shelton, Vice President, Director Quality Control 3/28/97 Date servcert.eO1 13111 NORTHWEST FREEWAY HOUSTON, TEXAS 77040-6311 (713) 895-6600 P.O. BOX 1529 HOUSTON, TEXAS 77210-1529 -----END PRIVACY-ENHANCED MESSAGE-----