If you have a loan secured by real property in West Virginia that was

Document Sample
If you have a loan secured by real property in West Virginia that was Powered By Docstoc
					If you have a loan secured by real property in West Virginia that was serviced by Nationstar Mortgage, LLC,
 any time from February 15, 2007 through July 1, 2011, you could get benefits from a class action settlement.
                                               LEGAL NOTICE
                     NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION

THIS IS NOT A SUIT AGAINST YOU. The                              What Does the Settlement Provide?
purpose of this Notice is to advise you that a
Settlement has been reached in a class action lawsuit    (1) Automatic Cash Payment to Class Members.
(the “Lawsuit”) against Nationstar Mortgage LLC              Class Members will receive a cash payment for
(“Nationstar”). The Notice is being sent to you              each late fee over $15 charged, each demand letter
because Nationstar’s records indicate that you are           sent, and each returned partial loan payment prior
included in the Settlement, and that you are entitled        to the date of acceleration of the Class Member’s
to a cash payment.                                           loan. Allocations will vary, but the amount of the
                                                             cash payment per instance is estimated to be
This Notice describes the case in general and does           approximately $88.37, after deductions for
not address all of the issues in detail. You may             attorneys’ fees, expenses, and the service award.
review a copy of the Settlement Agreement, Class             (Note: this amount is subject to change and may
Action Complaint, and the Court’s Order                      be reduced depending on the number of claims for
Preliminarily Approving Settlement at the following          default expenses that are submitted). The total
website: www.WVMortgageSettlement.com.                       amount of the Settlement is $1,500,000.00.

            What is the Lawsuit About?                   (2) Additional Payments to Class Members Who
                                                             Paid Improper Default Fees. If you believe you
The Lawsuit alleges that Nationstar improperly
                                                             actually paid improper default expenses, such as
charged West Virginia borrowers late fees over the
                                                             foreclosure attorneys’ fees, that were not waived,
$15 limit allowed by statute. The Lawsuit also
                                                             reimbursed, or otherwise credited to your loan
claims that Nationstar sent borrowers demand letters
                                                             account, you may contact the Settlement
demanding payment of improper “expenses of
                                                             Administrator to request a Claim Form. After
collection” and refused to accept partial loan
                                                             you complete and return the Claim Form, you
payments from borrowers prior to the date of
                                                             may receive a reimbursement for each improper
acceleration of their loans.
                                                             default expense that you actually paid.
Nationstar denies that it acted improperly or did            Reimbursements shall be paid out of the total
anything wrong. However, Nationstar has agreed to            settlement amount. (Note: Reimbursements may
the Settlement solely to avoid the burden, expense,          be reduced depending on the number and dollar
risk, and uncertainty of continuing the Lawsuit.             amount of claims for improper default expenses
                                                             that are submitted).
      Who is Included in the Settlement?
                                                         (3) Service Award. The plaintiff who brought this
Nationstar’s records indicate that you are a Class           lawsuit, David J. Triplett, will request $5,000.00
Member. A Class Member is any borrower whose                 for serving as class representative. In addition to
loan was secured by real property located in West            the class claims, plaintiff also asserted individual
Virginia and whose loan was serviced by Nationstar           claims against Nationstar. The parties negotiated a
at any time from February 15, 2007 through                   separate settlement of plaintiff’s individual claims.
July 1, 2011, and who either: (a) had late fees over
$15 imposed on his or her loan account; (b) had          (4) Attorneys Fees and Costs. Class counsel are John
instances of form debt collection letters mailed with        W. Barrett and Jonathan R. Marshall, Bailey &
the terms “expenses of collection”; or (c) had               Glasser LLP, 209 Capitol Street, Charleston, WV
instances of a partial loan payment to Nationstar that       25301. They will request attorneys’ fees of one-
was returned prior to the date of acceleration of the        third the total amount of the Settlement.
loan payments.


                                                                                                  NMT_NOT_120620
(5) Non-Monetary         Benefits     of    Settlement.          (2) Request a Claim Form. To make a claim for
    Nationstar has agreed that it will not engage in the             improper default fees charged to your loan
    following conduct, except when allowed to do so                  account that you actually paid, you must contact
    by state or federal law: (a) charge West Virginia                the Settlement Administrator and request a Claim
    borrowers late fees over $15; (b) send demand                    Form. The Claim Form must be fully completed
    letters to West Virginia borrowers seeking payment               and returned in the mail to the Settlement
    of “expenses of collection” or default fees;                     Administrator, postmarked no later than
    (c) return partial loan payments to West Virginia                August 21, 2012, or such claims will be waived
    borrowers prior to the date of acceleration of their             and released.
    loans; and (d) demand payment of attorneys’ fees
    from West Virginia borrowers.                                (3) Exclude Yourself. You may “opt out” and
                                                                     exclude yourself from the Settlement. If you opt
(6) Opinion of Class Counsel. Class counsel                          out, you will not receive any cash payment, and
    considers it to be in the best interest of the class             you will not release any claims you may have
    to enter into this Settlement on the terms                       against Nationstar. If you opt out, you will be
    described in light of the potential recovery,                    free to pursue whatever legal rights you may
    Nationstar’s defenses, and the uncertainties of                  have by pursuing your own lawsuit against
    continued litigation.                                            Nationstar at your own risk and expense. To
                                                                     exclude yourself from the Settlement, you must
(7) Release. If the Court approves the Settlement,                   mail a letter to the Settlement Administrator
    Class Members will be legally bound by all                       (address below) stating that you wish to do so.
    orders and judgments of the Court, and will not                  You must postmark your letter no later than
    be able to sue or continue to sue Nationstar about               August 21, 2012; OR
    any legal claims they have or may have up until
    the Effective Date of the Settlement, arising out            (4) Object to the Settlement. If you object to the
    of, related to, or in any manner concerning or                   Settlement, you must submit your objection in
    involving claims for charging excessive late fees,               writing to the Settlement Administrator (address
    issuing demand letters demanding payment of                      below) stating that you wish to object. You must
    “expenses of collection,” returning partial loan                 postmark your objection no later than
    payments prior to the date of acceleration, or                   August 21, 2012.
    default-related expenses.
                                                                    Any Class Member who has timely objected may
         The Court’s Fairness Hearing                               appear at the fairness hearing and be heard
                                                                    (individually or through his or her own counsel).
The U.S. District Court for the Southern District of                Objections must state the name, address,
West Virginia will hold a hearing in this case (David               telephone number, and signature of the objector,
J. Triplett v. Nationstar Mortgage LLC, Case                        and must state specifically and in detail all
No. 3:11-cv-238), on October 15, 2012 at 11:00 a.m.,                reasons for the objections.
in the Courtroom of the Honorable Judge Robert C.
Chambers, United States Courthouse, Sidney L.                          PLEASE DIRECT QUESTIONS TO:
Christie Federal Building, 845 Fifth Avenue,
Room 101, Huntington, West Virginia 25701. Class                    David J. Triplett v. Nationstar Mortgage LLC
Members do not need to attend the hearing.                                   Settlement Administrator
                                                                           c/o KCC Class Action Services
              What Are Your Options?                                               P.O. Box 43034
                                                                             Providence, RI 02940-3034
(1) Do Nothing. To accept the Settlement, do                                       1-800-569-4690
    nothing. If the Settlement is approved, a check
                                                                   For additional information, you may also visit
    will be mailed to you. If you change your
                                                                      the Settlement Administration website:
    address, please inform the Settlement
                                                                        www.WVMortgageSettlement.com.
    Administrator at the address below; OR



                                                           -2-

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:19
posted:9/11/2012
language:English
pages:2