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.
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.
(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.
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
Administrator at the address below; OR