Top Class Actions  |  July 22, 2022

Category: Closed Class Actions

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This settlement is closed!

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Calculating Mortgage inspection fees - PHH Mortgage, Shellpoint Mortgage Servicing lawsuit
(Photo Credit: fizkes/Shutterstock)

NewRez LLC, doing business as Shellpoint Mortgage Servicing, has agreed to a $500,000 class action lawsuit settlement resolving claims it sent misleading mortgage statements to certain borrowers.

The class is made up of individuals whose residential mortgage loan was serviced by Shellpoint and who, while under a Coronavirus Aid, Relief And Economic Security (CARES) Act forbearance plan, received a periodic mortgage statement in the same form as the statement attached to the revised settlement agreement

Plaintiffs in the Shellpoint Mortgage Servicing class action lawsuit alleged the company violated the Fair Debt Collection Practices Act (FDCPA) and the California Rosenthal Act by sending misleading mortgage statements to borrowers who were participants in the CARES Act forbearance plan.

The settlement does not resolve claims the plaintiffs made under the Telephone Consumer Protection Act (TCPA).

Shellpoint Mortgage Servicing manages mortgage loans, accepting payments from more than 1.7 million homeowners throughout the U.S., according to the company’s website. It is the country’s fifth-largest non-bank mortgage servicer.

The company has not admitted any wrongdoing, and the court has not decided who is right in this case. However, the parties have agreed to the settlement.

Under the terms of the settlement, class members will be eligible for a cash payment from the $500,000 settlement fund.

If the court approves the settlement, eligible class members will receive a proportionate distribution; current borrowers will automatically receive a credit, while former borrowers will receive a check in the mail.

If all potential class members participate, each person’s payment will be about $4.77.

The attorneys involved in the case believe a settlement of an FDCPA claim could be taxable. Class members are responsible for any taxes or tax reporting related to Shellpoint Mortgage Servicing lawsuit settlement payments.

Attorneys’ fees and other expenses will be paid separately.

In addition to the monetary relief, Shellpoint has agreed to implement changes in written statements to its borrower clients.

The deadline to opt out of or object to the Shellpoint Mortgage Servicing lawsuit settlement is July 27, 2022.

A final hearing is scheduled to take place Oct. 20, 2022.

Class members do not need to submit a claim form to benefit from this settlement.

Who’s Eligible

Individuals whose residential mortgage loan was serviced by Shellpoint and who, while under a Coronavirus Aid, Relief And Economic Security (CARES) Act forbearance plan, received a periodic mortgage statement in the same form as the statement attached to the revised settlement agreement

Potential Award

About $4.77.

Proof of Purchase

No proof of purchase required.

Claim Form

No claim form required.

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

N/A

Case Name

Dutcher v. Shellpoint Mortgage Servicing
U.S. District Court for the Eastern District of Pennsylvania
Case No. 2:21-cv-2062

Final Hearing

Dutcher v. Shellpoint Mortgage Servicing, Case No. 2:21-cv-2062 in the U.S. District Court for the Eastern District of Pennsylvania

Claims Administrator

Dutcher v. Shellpoint Mortgage
c/o Kroll Settlement Administration
P.O. Box 5324
New York, NY 10150-5324
1-833-620-3586

Class Counsel

BAILEY & GLASSER LLP

GUCOVSCHI ROZENSHTEYN PLLC

Defense Counsel

William Heller
Marc J. Gottlieb
Celia C. Falzone
AKERMAN LLP

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36 thoughts onShellpoint Mortgage Servicing misleading statements $500K class action lawsuit settlement

  1. Bessie says:

    Shellpoint is foreclosing (trying to) on a loan from 1996

  2. Amnelin Lopez says:

    Hi from Arizona, please help SPM keeps added fees to my account for “legal fees and almost foreclosure fees” for supposedly missing payment’s, I’ll admit lat yes in the same month but never 2 or 3 months like they claim now I have a shortage on my account of almost 5000.00 for tax and insurance increasing fees. I checked my taxes are the same and my insurance didn’t go up 4,000.00 + dollars. What can I do

  3. James and Faith Kristof says:

    We had an illegal modification done by Ditech Financial. Lost our home to a sheriff’s sale. Now I see they declared bankruptcy during that very time they took our home. Is there anything that can be done?

  4. Danny Higgins says:

    Shellpoint Mortgage company took my property to the auction to sell while I Qualified under a Covid Hardship. They failed To send documentation as requested by HAF to approve my loan either to be reinstated, or paid off with a principal curtailment. HAF expedited my application to resolve the matter, but Shellpoint ignored them when contacted by HAF. They are heartless and cold towards their customers. I’ve lived on my property in my home for 30 years. My wife got breast cancer, beat it, then got covid and it took her life. The hud counseling group AND HAF recognized my hardship, so why couldn’t Shellpoint?? My home was auctioned on 6/6/23, but no bids came in so it reverted back to Shellpoint. Now they tell me my property is no longer in my name and i have a homeowner’s grant ready for sShellpoint to claim…. but it’s like, they like being cold and heartless.

    1. Terri says:

      I’m currently fighting them in court and going through a divorce! I would like to discuss further because I have an idea!

  5. William A.Price says:

    Yes,yes,. Two properties…gone… illegally…. please help.

    1. Jennifer says:

      I want to know how shellpoint can even be in business, they are the worse, they forces me out of my home

    2. Henry and Gloria Thomas says:

      Me and my husband purchased a home through your markers at the time Shell point took over since then we have had a home approximately 30 years we both got sick to the covid I am blind and my husband has never recovered from the covid he is still very sick has not been able to go back to work we were told that the equity of the home would pay the home off then my husband was took to jail for we not quite sure what why he went to jail they held him for a long time would not let anyone speak to him and they sent us papers to go to court saying that we had lost our home after we have been told he almost paid for we never used the equity in our home they would never honor the insurance when our home got tore up by a storm we continue paying insurance and then they told us that everything that we were paying insurance on the warranty had ran out on it but we still continue to pay the insurance at this time me and my husband my son and his wife are living in the pasture behind my home they have totally remodeled my home sold it at an auction they cut my trees that meant so much to me so now we are living in the pasture behind my home on my husband’s mother’s property no water no lights I have almost Frozen and I’ve almost died of heat strokes several people has went to the hospital behind heat strokes that was trying to help us I’m so confused I don’t know what to do can you give us any advice on what should we do I know we had a 30-year contract we were not behind on our land taxes and this has almost caused me and my husband a divorce can you give me any advice

  6. William A.Price says:

    121 Scott Farm Ln. and 311 Green Springs. New Bern NC 28562 please help 2526703157

    1. Henry and Gloria Thomas says:

      We have been living in the pasture with no utilities we have almost froze to death and we have several people that has went to the hospital with heat strokes that were trying to help us items are all thrown into the pasture what my horses did not tear up and destroy people around here has walked off with almost everything we own I have things in storage that I’m about to lose because I am having to live off of a generator which is taking all of my money just to keep the generator running I am blind my husband has not recovered from the covid I just want my home back I know there’s nothing that can be done about my trees they got cut down something has got to be done these people are evil and heartless they have made us look like fools in this town and I would like to see to them getting what they deserve after 30 years of living on our property that was gave to us from my father-in-law before he passed that man worked so hard to make sure that all of his children would get an acre of land that has been stolen from us we have been locked in the pasture our easement has been taken from us I have all of my legal papers showing that we have an easement to the pasture which belongs to my mother-in-law I would like to have my home back I would like to get paid for mental anguish and the damage that this is done to me and my husband’s marriage we’ve been married for 30 years we raised our children we also ran a homeless shelter from our home and never ask for a dime all of this is very wrong but no one in Huntsville Texas seems to think that there’s nothing wrong with this picture it is like we are being entertainment to them and they are all laughing at us I have put it in God’s hands at this time but it’s going to be 34° again tonight and I only have enough money to put gas in the generator for maybe half of the night please help us thank you and may God bless

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