kl04001.htm
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
12b-25
NOTIFICATION
OF LATE FILING
(Check
One): [X]
Form 10-K [_] Form
11-K [_] Form
20-F [_] Form
10-Q [_] Form
10D
[_] Form
N-SAR [_] Form N-CSR
For
Period Ended: December 31, 2007
[_] Transition
Report on Form 10-K
[_] Transition
Report on Form 20-F
[_] Transition
Report on Form 11-K
[_] Transition
Report on Form 10-Q
[_] Transition
Report on Form N-SAR
For the
Transition Period Ended: _________________________
Read
attached instruction sheet before preparing form. Please print or
type.
Nothing
in this form shall be construed to imply that the Commission has verified any
information contained herein.
If the
notification relates to a portion of the filing checked above, identify the
item(s) to which the notification relates:
PART
I
REGISTRANT
INFORMATION
Franklin Credit Management
Corporation
Full Name
of Registrant
_______________________________________________________________________________________________________________________________
Former
Name if Applicable
101 Hudson
Street
Address
of Principal Executive Office (Street and Number)
Jersey City, New
Jersey 07302
City,
State and Zip Code
PART
II
RULE
12b-25(b) AND (c)
If the
subject report could not be filed without unreasonable effort or expense and the
registrant seeks relief pursuant to Rule 12b-25(b), the following should be
completed. (Check box if appropriate.)
|
[X]
|
(a)
|
The
reasons described in reasonable detail in Part III of this form could not
be eliminated without unreasonable effort or
expense;
|
|
[X]
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(b)
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The
subject annual report, semi-annual report, transition report on Form 10-K,
Form 20-F, Form 11-K, Form N-SAR or Form N-CSR, or portion thereof, will
be filed on or before the fifteenth calendar day following the prescribed
due date; or the subject quarterly report or transition report on Form
10-Q or subject distribution report on Form 10D, or portion thereof, will
be filed on or before the fifth calendar day following the prescribed due
date; and
|
|
[ ]
|
(c)
|
The
accountant’s statement or other exhibit required by Rule 12b-25(c) has
been attached if applicable.
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PART
III
NARRATIVE
State
below in reasonable detail why the Form 10-K, 20-F, 11-K, 10-Q, 10D, N-SAR,
N-CSR or the transition report or portion thereof, could not be filed within the
prescribed time period.
The
Registrant has not completed its financial statements for the 2007 fiscal year,
and the Registrant’s independent registered public accounting firm has not yet
completed its year-end financial statement audit. Accordingly, the
Registrant’s annual report on Form 10-K for the fiscal year
ended December 31, 2007 could not be filed within the
prescribed time period without unreasonable effort or expense.
PART
IV
OTHER
INFORMATION
(1)
|
Name
and telephone number of person to contact in regard to this
notification
|
Paul D.
Colasono 201
604-4402
(Name) (Area
Code) (Telephone
Number)
(2)
|
Have
all other periodic reports required under Section 13 or 15(d) of the
Securities Exchange Act of 1934 or Section 30 of the Investment Company
Act of 1940 during the preceding 12 months or for such shorter period that
the registrant was required to file such report(s) been
filed? If the answer is no, identify
report(s).
|
[X]
Yes [ ] No
(3)
|
Is
it anticipated that any significant change in results of operations from
the corresponding period for the last fiscal year will be reflected by the
earnings statements to be included in the subject report or portion
thereof?
|
[X]
Yes [ ] No
If so:
attach an explanation of the anticipated change, both narratively and
quantitatively, and, if appropriate, state the reasons why a reasonable estimate
of the results cannot be made.
The
Registrant’s net loss is expected to increase to approximately $8.5 million for
the year ended December 31, 2007, compared with a net loss of $1.8 million for
the year ended December 31, 2006. In addition, stockholders’ equity
is expected to decrease to approximately $39 million at the end of 2007 from
$47.6 million at December 31, 2006. Due principally to the rapid and
substantial deterioration in the housing and subprime mortgage markets and
deterioration in the performance of the Registrant’s portfolios of acquired and
originated loans, including particularly the portfolio of acquired second-lien
mortgage loans, the Registrant reassessed its allowance for loan losses in the
quarter ended September 30, 2007, which resulted in significantly increased
estimates of inherent losses in its portfolios during the quarter ended
September 30, 2007. As a result of the Forbearance Agreements entered
into on December 28, 2007 between the Registrant and its lead lending bank, $300
million of outstanding borrowings owed to the bank was forgiven and will not
have to be repaid. The effect of the debt forgiveness on the
Registrant’s December 31, 2007 financial statements is expected to result in a
pre-tax gain of approximately $284 million.
The
Registrant has not completed its financial statements for the 2007 year,
principally due to the finalization of taxes related to the provision for
loan losses and the gain on debt forgiveness, which are rather complex, and the
Registrant’s independent registered public accounting firm has not yet completed
its year-end financial statement audit. Accordingly, there can be no
assurance that the financial information publicly announced at a later date will
not differ from the above disclosure.
Franklin Credit Management
Corporation
(Name of
Registrant as Specified in Charter)
Has
caused this notification to be signed on its behalf by the undersigned thereunto
duly authorized.
Date:
April 1,
2008 By: /s/ Paul D.
Colasono
Name: Paul D.
Colasono
Title:
Chief Financial Officer and Executive Vice President