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BY ORDER OF THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
(SOUTHERN DIVISION)
Notice of Proposed Class Action Settlement and Final Hearing for Settlement Class
If Shellpoint Mortgage Servicing charged you a fee for “Property Inspection” since January 2014 (typically in the amount of $13 or $15 per transaction), a class action lawsuit may affect your rights.
A court authorized this notice. This is not a solicitation from a lawyer.
- Irene Yates and Alice Mejia sued Defendant NewRez LLC d/b/a Shellpoint Mortgage Servicing (“Shellpoint”) alleging that Shellpoint charged customers a fee for inspecting properties in Maryland in violation of Maryland law.
- You received a notice to inform you about a proposed settlement so that you know your rights as a proposed member of the Settlement Class.
- The Settlement Class consists of Shellpoint customers who were charged one or more property inspection fees since January 2014, and is divided into two groups depending on when Shellpoint imposed the property inspection fee onto the customer’s account:
Settlement Subclass A is defined as:
All Settlement Class members whose Property Inspection Fee claims were not tolled by the October 30, 2020 class action filing of Parker v. Goldman Sachs Mortgage Company Limited Partnership et al, Case No. 8:20-cv-03581-ADC.
Settlement Subclass B is defined as:
All Settlement Class members whose Property Inspection Fee claims were tolled by the October 30, 2020 class action filing of Parker v. Goldman Sachs Mortgage Company Limited Partnership et al, Case No. 8:20-cv-03581-ADC.
- Based on the records available to the parties, Shellpoint imposed Property Inspection Fees onto your mortgage account which qualifies you to be a member of the SETTLEMENT CLASS (and you are a member of either/both Subclass A or Subclass B).
- To resolve this matter now without the need for further litigation, the Parties have reached settlement terms that affect the Settlement Class, including your rights.
Your legal rights are affected, and you have a choice to make now:
YOUR LEGAL RIGHTS AND OPTIONS
DO NOTHING: If you do nothing, you will be included in Settlement Class, you will receive the benefit of the settlement provided to Settlement Class members, and you will release the Defendant and the Released Parties of your claims against them.
ASK TO BE EXCLUDED: You may ask to be excluded from this settlement. To validly request exclusion from the Settlement Class, a person must personally sign, date, and send a written request to opt out providing the person’s full name, telephone number, the full name of any co-borrowers, current address, the address of the property securing their Shellpoint loan (if different), and Shellpoint loan number, and stating, “I WANT TO BE EXCLUDED FROM THE SETTLEMENT CLASS IN YATES AND MEJIA V. SHELLPOINT” (or substantially similar clear and unambiguous language) addressed to: Shellpoint Property Inspection Fee Class Action, c/o Settlement Administrator, PO Box 23680, Jacksonville, FL 32241.
The written request for exclusion must be received by the Settlement Administrator no later than the Opt-Out Date of March 4, 2025 (60 days from this Notice Date), and must include the person’s name, address, telephone number and a “wet ink” signature not affixed via electronic means. If a question is raised about the authenticity of an exclusion request, the Settlement Administrator will have the right to demand additional proof of the individual’s identity and intent. The Parties retain discretion to determine whether any exclusion request substantially complies with the requirements above. Exclusion requests that are signed by an attorney but not by the person requesting to be excluded from the Settlement Class are invalid.
Sending a written request to be excluded from the Settlement Class does not guarantee that you will be excluded. Requests to be excluded will be reviewed for their validity.
If you do not exclude yourself from the Settlement Class, the settlement (if approved) will release your legal claims and will affect your right to start or continue any other lawsuit or proceeding against Shellpoint Mortgage Servicing. The release is described in the settlement agreement, which is available on the Court’s docket in the case of Yates v. NewRez LLC d/b/a Shellpoint Mortgage Servicing, Case No. 8:21-cv-03044-TJS (United States District Court of Maryland). You can also obtain a copy of the settlement agreement by contacting Class Counsel, Defendant’s Counsel, or on the Important Court Documents page.
OBJECT: If you are a member of one of the Settlement Classes, you have the right to object to the terms of the settlement. If you request to be excluded, you do not have the right to object. A Settlement Class Member who wishes to object to any aspect of the settlement must, no later than March 4, 2025 (60 days from the date of this notice), file with the Court a written statement of the objection(s) and serve the objection(s) on Class Counsel and Defendant’s counsel. The written statement of objection(s) shall: (1) set forth the objector’s full name, current address, and if different, the address of the property which secured their mortgage loan, telephone number, email address (if any), and Shellpoint loan number of the objector’s loan; (2) contain a statement of the legal and factual ground for the objection with specificity, together with all documents on which the Class Member relies (if any); (3) state the identity of all counsel representing or assisting the objector, if any; and (4) indicate whether the objection applies only to the Class Member, to a portion of the Class, or to the Class as a whole. All Objections must be personally signed by the person(s) making the objection, or a court-appointed legal guardian authorized to act on their behalf.
Objections must be filed in the case of Yates v. NewRez LLC d/b/a Shellpoint Mortgage Servicing, Case No. 8:21-cv-03044-TJS (United States District Court of Maryland) and must be filed in the Civil Clerk’s Office of the United States District Court of Maryland by March 4, 2025 (within 60 days of the date of the Notice).
Objections must also be sent to Class Counsel and Defendant’s Counsel at the following addresses:
- Class Counsel: Scott Borison, Borison Firm, LLC., 1400 S. Charles Street, Baltimore MD 21230; Phillip Robinson, Consumer Law Center LLC, 1220 Blair Mill Road, Suite 1105, Silver Spring MD 20910; Thomas Minton of Goldman & Minton, P.C., 3600 Clipper Mill Road, Suite 201, Baltimore, MD 21211.
- Defendant’s Counsel: Brian Pumphrey, McGuireWoods LLP, Gateway Plaza, 800 East Canal Street, Richmond, VA 23219-3916; Melissa Martinez, McGuireWoods LLP, 500 East Pratt Street, Suite 1000, Baltimore, MD 21202-3169.
You may submit a written statement of objection(s) on your own behalf or through a lawyer hired at your expense. If a lawyer submits objections on your behalf, your lawyer must: (1) file a notice of appearance with the Court; (2) file a sworn declaration attesting to his or her representation of each Settlement Class Member on whose behalf the objection is being filed; (3) file a sworn declaration that specifies the number of times during the prior five-year period they have objected to a class action settlement on their own behalf or on behalf of a member of a class; and (4) comply with the requirements and procedures for objection.
If you file an objection, you will also need to attend the final approval hearing, or the Court may not consider your objection.
You only have the right to object to the settlement if you do not request to be excluded. If you request to be excluded, you do not have the right to object