If Seterus charged you a fee for inspecting your property after you defaulted in monthly loan payments between March 2010 and February 2019, a class action lawsuit may affect your rights.
- Barbara Clair and Mirtha Claros-Almendras sued Defendants Nationstar Mortgage LLC d/b/a Mr. Cooper, as successor to Seterus, Inc. and Federal National Mortgage Association alleging that Seterus charged customers a fee for inspecting properties in Maryland after the customer defaulted in monthly loan payments in violation of Maryland law. Seterus was the loan servicer of these loans and Fannie Mae owned the loans or was trustee of securitization trusts which owned the loans. Nationstar was named as successor to Seterus as a result of a merger, but Plaintiffs do not allege any wrongdoing by Nationstar.
- You received notice to inform you about a proposed settlement so that you know your rights as a proposed member of one of two Settlement Classes.
- The Settlement Classes are comprised of two distinct groups depending on whether or not Seterus collected at least one property inspection fee:
Settlement Class A is defined as:
All persons from or on behalf of whom Seterus collected at least one property inspection fee (or a partial property inspection fee) via a borrower payment or by adding it to a loan modification balance. Settlement Class A excludes any person who may timely opt out of the Settlement.
Settlement Class B is defined as:
All persons who Seterus imposed at least one property inspection fee onto the periodic or other written communication sent to a borrower, or were assessed to the borrower’s loan account, but the fee was never paid by the class member. Settlement Class B excludes any person who may timely opt out of the Settlement.
- To resolve this matter now without the need for further litigation, the Parties have reached settlement terms that affect the Settlement Classes, including your rights.YOUR LEGAL RIGHTS ARE AFFECTED, AND YOU HAVE A CHOICE TO MAKE NOW:
YOUR LEGAL RIGHTS AND OPTIONS
Settlement Class A. If you do nothing, you will be included in Settlement Class A, you will receive the benefit of the settlement provided to Settlement Class A Members, and you will release the Defendants and the Released Parties of your claims against them.
Settlement Class B. If you do nothing, you will be included in Settlement Class B, you will not receive the benefit of the settlement provided to Settlement Class B Members, all the Court’s orders will apply to you, and you will release the Defendants and the Released Parties of your claims against them.
MAKE A CLAIM: Settlement Class B. To receive the benefit of the settlement described above upon final approval by the Court, you must fully complete and timely return the claim form attached to your notice within thirty (30) days of the date of your notice. You will not receive the benefit of the settlement provided to Settlement Class B Members unless you timely return a properly completed claim form.
ASK TO BE EXCLUDED: You may ask to be excluded from this settlement. To validly request exclusion from the Settlement Classes, 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 Seterus loan (if different), and Seterus loan number, and stating, “I have reviewed the Class Settlement Notice and wish to exclude myself from the Settlement in Clair et al v. Nationstar Mortgage LLC d/b/a Mr. Cooper, as successor to Seterus Inc. et al., Case No. 441428-V” (or substantially similar clear and unambiguous language) addressed to: Seterus Property Inspection Fee Class Action, PO Box 23489, Jacksonville, FL 32241.
The written request for exclusion must be postmarked no later than thirty (30) days from the date of the Class Notice, and must include the person’s name, address, telephone number and a “wet” 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 Classes 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 Classes, the settlement (if approved) will release your legal claims and will affect your right to start or continue any other lawsuit or proceeding against Nationstar, Seterus and Fannie Mae. The release is described in the settlement agreement, which is available on the Court’s docket in the case of Barbra Clair et al. v. Nationstar Mortgage LLC d/b/a Mr. Cooper, as successor to Seterus, Inc., Case No. 441428-V (Montgomery County Maryland Circuit Court). You can also obtain a copy of the settlement agreement by contacting Class Counsel, Defendants’ Counsel, or the Settlement Administrator (addresses below).
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 thirty (30) days from the date of your notice, file with the Court a written statement of the objection(s) and serve the objection(s) on Class Counsel and Defendants’ 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 Seterus 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 Barbra Clair et al. v. Nationstar Mortgage, LLC d/b/a Mr. Cooper as successor to Seterus, Inc. et al., Case No. 441428-V (Md. Cir. Ct.), and must be filed in the Civil Clerk’s Office of the Circuit Court for Montgomery County, Maryland within 30 days of the date of your Notice.
Objections must also be sent to Class Counsel, Defendants’ Counsel, and the Settlement Administrator at the following addresses:
- Class Counsel: Scott Borison, Borison Firm, LLC., 1400 S. Charles Street, Baltimore MD 21230; Phillip Robinson, Consumer Law Center LLC, 10125 Colesville Road, Silver Spring MD 20901.
- Defendants’ Counsel: Joseph F. Yenouskas, Goodwin Procter LLP, 1900 N Street, NW, Washington DC 20036.
- Settlement Administrator: Seterus Property Inspection Fee Class Action, PO Box 23489, Jacksonville, FL 32241.
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 objections.
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.
Note that any capitalized terms not defined herein shall have the meanings ascribed to them in the Settlement Agreement. To the extent there are any conflicts or inconsistencies between the notice/website and the Settlement Agreement, the terms of the Settlement Agreement shall govern.