BY ORDER OF THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY, MARYLAND
IF YOU PAID A CONVENIENCE FEE TO SHELLPOINT MORTGAGE SERVICING FOR MAKING A MORTGAGE PAYMENT BY INTERNET OR TELEPHONE AT ANY TIME DURING THE PERIOD FROM OCTOBER 1, 2018 TO SEPTEMBER 30, 2020, A CLASS ACTION LAWSUIT MAY AFFECT YOUR RIGHTS.
A Court authorized This Notice. This is not a solicitation from a lawyer.
- Marceline White (“White”) sued NewRez LLC d/b/a Shellpoint Mortgage Servicing (“Shellpoint”) and Federal National Mortgage Association (“Fannie Mae”) alleging that Shellpoint violated certain state laws when it imposed and collected convenience fees that ranged from $1 to $15 for accepting mortgage payments by telephone or by the Internet on behalf of Fannie Mae and other mortgage loan owners.
- The Court has allowed the lawsuit to proceed as a class action, for purposes of settlement only, on behalf of the “Class.”
- The Class includes all individuals in Maryland who from October 1, 2018 to September 30, 2020 (i) paid a “convenience fee,” (ii) collected in whole or in part by Shellpoint, (iii) in order to make a payment on a residential mortgage debt, and (iv) where the term “convenience fee” was not specifically enumerated in the original agreement creating such debt.
- The Court has not made a determination of liability or damages in the suit, and Defendants Shellpoint and Fannie Mae have denied liability and vigorously defended against the Plaintiff’s allegations. So as to avoid the risks, uncertainties, and costs of continued litigation, however, the Plaintiff and the Defendants Shellpoint and Fannie Mae have agreed to a settlement that provides that Shellpoint and Fannie Mae will pay the sum of $425,000.00 to a Common Fund to be distributed to the Class Members, on a pro-rata basis (by loan), less (i) attorney’s fees and costs that may be awarded by the Court and (ii) any costs associated with providing notice to all Class Members and the administration of the settlement, all of which shall be paid from the Common Fund.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
DO NOTHING: If you do nothing, you will receive the benefit of the settlement described above upon final approval of the Court.
ASK TO BE EXCLUDED: You can ask to be excluded in the lawsuit by giving a written notice stating that you want to be excluded and delivering a copy of that notice to Shellpoint Convenience Fee Settlement Administrator, 8021 Phillips Highway, Suite 1, Jacksonville, FL 32256 , and to Phillip Robinson, Consumer Law Center LLC, 10125 Colesville Road, Suite 378, Silver Spring, MD 20901, and to T. Sky Woodward and Andrew Narod, Bradley Arant Boult Cummings LLP, 1615 L St., NW, Suite 1350, Washington, DC 20036 no later than July 30, 2021. You will need to include your name, address, and telephone number. Your request for exclusion must contain your signature and must state “I WANT TO BE EXCLUDED FROM THE SETTLEMENT CLASS IN WHITE V. SHELLPOINT.” Requests for Exclusion must be personally signed by the person requesting exclusion from the Class and any co-borrower(s) on their mortgage loan, and must include the requestor’s full name and current address, the full name and current address of any co-borrower(s) on their mortgage loan, and if different, the address of the property which secured their mortgage loan. For any loan that is subject to this Settlement for which there is more than one borrower, any request for exclusion must be signed by each borrower or it will not be sufficient to remove that loan and all of its co-borrowers from the Class.
OBJECT: You can object to the class settlement by filing, no later than July 30, 2021, a written objection with the Circuit Court for Anne Arundel County, Maryland (Case No. C-02-CV-001060), 8 Church Circle, Suite 300, Annapolis, MD 21404. All Objections must be personally signed by the person(s) making the objection, or a legal guardian authorized to act on their behalf, and must set forth in detail each component of the Settlement to which they object, the reasons for each such objection, Objections must also include the objector’s full name and current address, the full name and current address of any co-borrower(s) on their mortgage loan, and if different, the address of the property which secured their mortgage loan. If the person on whose behalf the objection is filed, or an attorney or legal guardian authorized to act on their behalf, intends to appear at the Final Settlement Hearing, the Objection must so state.