Sarah Mirando  |  October 18, 2012

Category: Closed Class Actions

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Award (how much your claim may be worth): Homeowners can receive a number of benefits from the $25 billion National Mortgage Foreclosure Settlement, including a CASH payment of at least $840. Some homeowners will receive additional cash payments of up to $2,000 and the chance to receive $20,000 to $100,000 in principal reduction or the opportunity to refinance.

Class Action Lawsuit Settlement Case(s):  United States of America, et al. v. Bank of America Corp., et al., Case No. 12-cv-361-RMC, U.S. District Court, District of Columbia.

Company(ies): BANK OF AMERICA CORP.; BANK OF AMERICA, N.A.; BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING; COUNTRYWIDE HOME LOANS, INC.; COUNTRYWIDE FINANCIAL CORP.; COUNTRYWIDE MORTGAGE VENTURES, LLC; COUNTRYWIDE BANK, FSB; CITIGROUP INC.; CITIBANK N.A.; CITIMORTGAGE, INC.; J.P. MORGAN CHASE & CO.; JPMORGAN CHASE BANK, N.A.; RESIDENTIAL CAPITAL, LLC; ALLY FINANCIAL, INC.; GMAC MORTGAGE, LLC; GMAC RESIDENTIAL FUNDING CO. LLC; WELLS FARGO & CO.; WELLS FARGO BANK, N.A.

CitiBank

 ChaseWells FargoGMAC

Bank of America

 Countrywide
Website of the Class Action Lawsuit Settlement Administrator (FILE YOUR CLAIM HERE): www.NationalMortgageSettlement.com

Address to submit a claim form (REQUIRED):

The only way to receive benefits from the National Mortgage Foreclosure class action settlement is to submit a claim form either online at www.NationalMortgageSettlement.com or to the address listed on the Settlement Notice that was mailed to you no later than January 18, 2013.

Phone Number to call for assistance: (866) 430-8358

Details:Claim Forms are being sent to 2 million U.S. home borrowers who lost their homes to foreclosure during the financial crisis of 2008 to 2011. Roughly $25 billion in relief has been established under the National Mortgage Settlement to go to borrowers who submit a claim form by the January 18, 2013 deadline.

Borrowers are warned to watch out for scams regarding the National Mortgage Settlement. You should not need to pay anyone to file your claim. Here’s more information:

What is the National Mortgage Foreclosure Settlement?

The historic $25 billion national foreclosure settlement was reached in February 2012 and approved in May 2012. It was negotiated by 49 states and the federal government to provide financial relief to borrowers who had their mortgages serviced by Ally/GMAC, Bank of America, Citi, JPMorgan Chase, and Wells Fargo and lost their homes between January 1, 2008 and December 31, 2011.

It is similar to a class action lawsuit settlement in that it provides relief to a nationwide class of homeowners who were victims of foreclosure abuse (except for borrowers in Oklahoma).

Last week, the Settlement Administrator mailed notification postcards to eligible borrowers, and State Attorneys General will be mailing packets containing a claim form, instructions and answers to Frequently Asked Questions through the middle of October.

Eligible borrowers are urged to complete their claim forms and return them as soon as possible, or file them online at www.NationalMortgageSettlement.com. The deadline to file a claim for the National Foreclosure Settlement is January 18, 2013. Payment checks are expected to be mailed in mid-2013.

What Does the National Mortgage Foreclosure Settlement Provide?

Under the national mortgage settlement, Bank of America, Wells Fargo, JPMorgan Chase, Citigroup and Ally Financial agreed to reduce the principal on loans held by underwater homeowners, refinance some mortgages to the current low interest rates, and compensate those who lost their homes to improper foreclosure practices.

The banks also agreed to stop “dual-tracking,” or evaluating homeowners for mortgage modifications while simultaneously initiating foreclosure proceedings on them, as well as to stop “robo-signing” — using false documentation to rush homes into foreclosure.

Of the roughly $25 billion national mortgage settlement, at least $17 billion will go to reducing principal for borrowers who are underwater. These eligible borrowers will be able to receive about $20,000 in principal reduction from four of the banks, while Bank of America borrowers will average $100,000 or more.

Another $3 billion of the settlement will go toward refinancing mortgages for borrowers who are current on their payments, allowing them to take advantage of the historically low interest rates that are currently available.

The banks will also pay $5 billion to the states and federal government to pay homeowners who lost their homes to foreclosure. This fund will provide cash payments of $1,500 to $2,000 to eligible borrowers who lost their home to foreclosure between January 1, 2008 and December 31, 2011. The Settlement Administrator will send claim forms to persons eligible for this cash restitution.

How Much Will Money Will I Get from the National Mortgage Foreclosure Settlement?

You may be eligible to receive a payment of at least $840 from the National Mortgage Settlement. This estimated payment amount is based on 100% of all eligible borrowers submitting Claim Forms, and therefore the payment you receive will very likely be higher. Borrowers who receive payments will not have to release any claims and will be free to seek additional relief in the courts.  Borrowers may also be eligible for a separate restitution process administered by the federal banking regulators.

How Do I Know if I’m Eligible for Payment as a Foreclosure Victim?

You are eligible to file a claim for the Nation Foreclosure Settlement if you meet the following requirements:

* Your loan went to foreclosure sale between January 1, 2008 and December 31, 2011.
* The loan was serviced by one of the five mortgage servicers participating in the settlement.
* The borrower made at least three payments on the loan.
* The borrower lived in or intended to live in the property at the time of origination of the loan.
* The property was a one-to-four unit residential property.
* The unpaid principal balance of the first-lien mortgage loan did not exceed $729,750 for a one-unit property; $934,200 for a two-unit property; $1,129,250 for a three-unit property; or $1,403,400 for a four-unit property.

Settlement Notice postcards and Claim Form packets will be automatically mailed to eligible borrowers through the middle of October. If you did not receive a notice or packet, and believe you are eligible, you may contact the Settlement Administrator at 1-866-430-8358.

How Do I File a Claim for the National Mortgage Settlement?

The only way to receive a payment of at least $840 cash from the settlement is to file a Claim Form by the deadline of January 18, 2013. Claim Forms can be mailed to the Settlement Administrator or filed online at www.NationalMortgageSettlement.com.

Beware of Scams

Homeowners should be on high alert for settlement-related scams. Do not provide personal information or pay anyone who calls or emails claiming that they are providing settlement-related assistance. You should not need to pay anyone to file your claim.

If you need help filing your claim, contact the Settlement Administrator at 1-866-430-8358 Monday through Friday from 5 a.m. to 5 p.m. PT, or check out the Frequently Asked Questions section of the National Foreclosure Settlement website at www.NationalMortgageSettlement.com.

Foreclosure Between:  Januray 1, 2008 and December 31, 2011

Claims must be postmarked by: 1/18/13

 

Settlement Administrator(s): N/A

Class Counsel:

 

N/A

 

Defense Counsel:

 

N/A


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20 thoughts onNational Mortgage Foreclosure Class Action Settlement

  1. Violet says:

    The $300 check you received Laurie was from a separate legal action called the Independent Foreclosure Review. The IFC involved many additional banks and initially it was was only for borrowers who submitted a claim form but was later revised to include all eligible borrowers.

    The National Mortgage Settlement is a separate action that required a short form where one of three boxes were checked. Only five banks were involved in this settlement. This settlement does provide compensation ranging from $840 to $2,000 depending on the number of people who returned their forms and these checks are supposedly going to be sent out at the end of May, 2013.

    Although certain aspects of this settlement involving principle reductions ect are not available to Fannie or Freddie owned mortgages, it is my understanding that people who lost their homes to foreclosure during the designated time period are eligible to receive checks if their servicer was one of the five banks involved in this settlement, regardless of whether or not Fannie or Freddie owned the mortgage.

    Some people will be receiving two checks, one from the Independent Foreclosure Review and one from the National Mortgage Settlement. I’m not a professional, this is just my understanding of the facts from reading forums and news articles. There is much confusion regarding these two two settlements, but for certain they are separate from each other and no checks from the National Mortgage Settlement have been sent yet, nor does anyone have a figure as of yet as to what the exact amount will be, only that it will exceed the minimum of $840.

  2. Laurie Miller says:

    I was wondering why this notice says it should be atleast 840. maybe more and we received only 300. Just wondering why that is

  3. Julie says:

    from their website… “Payments to borrowers who lost their homes to foreclosure
    .Update: April 22, 2013

    Approximately $1.5 billion of the funds recovered in the national settlement are being used to compensate borrowers who lost their home to foreclosure during the period of January 1, 2008, to December 31, 2011. The deadline to submit a claim form has now passed. If you have submitted a claim form, the Settlement Administrator Rust Consulting, will contact you if any additional information is needed to complete your claim.

    Rust Consulting can be reached at 1-866-430-8358. Checks to borrowers who submitted claim forms are expected to be mailed in 4 to 6 weeks. The exact amount of the payment to be made to each eligible claimant is not yet known but it is anticipated it will exceed the minimum payment of $840 that was indicated on the claim form.”

  4. Sandra says:

    This is exactly what my bank, OneWest/IndyMac did to me! Are there any class actions lawsuits against them yet?

  5. freddie jackson says:

    Why is the man always out to get my peeps?? Im just trying to get my mortgage on!! The man is always holding us down!!

  6. Julie says:

    Some of these posts make my eyes spin in my head. People, do your research! This is an information site only. Posting all of your personal information is not going to do anything. The fact that so many people can’t even read the instructions on this site makes it clear why they may be in foreclosure period. Yes, I lost my home to foreclosure due to losing my job and having a life-threatening illness, but I kept record of everything and paid attention to what the jerkoffs were doing. Wake up.

  7. L. H says:

    Hi, just wondering if anyone knows when our settlement checks will be mailed out? Thanks.

  8. Denise Mitchel says:

    This is completely false and misleading. They are doing they same thing to homeowners they are dicriminating. People who had their loans insured through Fannie Mae and freddie mac do not get any compensation for being descriminated against and frauded out of money that should not happen again. it shouldnt matter wrong is wrong!!!!!!!

  9. Stephanie Day says:

    I lost $6,000 to a loan modification company. Unfortunately no one has been able to help me with this situation.

  10. Tammy says:

    I went throught a loan modification with bank of america that i started in 2011, when i received the mod paperwork i was charged with forcloser fees, but i never was in forcloser?? i finaly thought my modification was done when i signed the modification doc in sep 2012, only to find out that ba still has not completed my modification as of 1/11/2013. I also found out that BA has not updated my credit file since 8/2009 even though i have a letter from ba stating that my credit file was updated on 11/12/2012 with all of the major reporting agency. What can or should i do? do i quilify to receive my fees back?

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