Delgado v. Ocwen Loan Servicing, LLC. Frequently Asked Questions

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Questions

Answers

1. What's this Settlement about?

Answer:

This class action lawsuit claims that Ocwen and Cross Country Home Services (“Defendants”) unlawfully enrolled Ocwen mortgage customers in home warranty and service plans offered by a third-party company called Cross Country.  The Plaintiffs allege that Ocwen provided its customer lists to Cross Country which then mailed Ocwen’s mortgage customers checks for $2.50, $3.50, or similar low sums.  Plaintiffs claim that the checks were designed to appear as if they were rebates or refunds issued by Ocwen, but when cashed or deposited, resulted in Ocwen customers being enrolled in Cross Country’s home warranty or service plans.  Defendants charged between $14.95 and $54.95 per month for the plans on customers’ monthly mortgage statements.  Defendants deny any wrongdoing.


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2. Who is part of this Settlement?

Answer:

All current and former Ocwen, GMAC, and Homeward Residential customers who (a) were enrolled in one or more Cross Country warranty or home service plans between August 6, 2009 and December 31, 2013 after cashing or depositing one of Defendants’ check solicitations, (b) made one or more payments for a plan or plans, (c) never made a claim under a plan, and (d) never received a full refund of all premiums paid for a plan or plans.  This Settlement Class includes some former GMAC and Homeward Residential customers whose loans were never serviced by Ocwen.

If you were mailed or emailed a Class Notice you are part of the Settlement and can receive a monetary Benefit under the Settlement by submitting a Claim Form.

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3. What can I get under the Settlement?

Answer:

If you submit a valid Claim Form by Tuesday, June 18, 2019, you can receive a cash refund of up to 77% of the total amount you paid for the home warranty or service plan you were enrolled in.  You can submit your Claim Form online at the Submit Claim section on this Website or by mail.  The refund amount depends on how long you paid a premium of $14.95 to $54.95 per month.  For example, if you were enrolled in a plan and charged $14.95 per month on your Ocwen mortgage statement for 6 months, your Settlement Benefit could be up to $69.07.  If you were enrolled in a plan and charged $54.95 per month for 3 months, your Settlement Benefit could be up to $126.93.

The amount of your claim also depends on the amount of other submitted Claims for the available monetary Benefits, the Attorneys’ Fees and Costs as approved by the Court, as well as the Named Plaintiff Service Awards as approved by the Court.

As part of the Settlement, Cross Country will also notify all customers currently enrolled in a home warranty or service plan after signing a solicitation check that they are enrolled in a plan and have the opportunity to discontinue the plan if they so choose.  Finally, as a result of the Plaintiff Class Representatives’ efforts in this litigation, Defendants stopped sending out check solicitations all together and previously paid approximately $1,632,605.48 in refunds to customers who never made a claim under one of the plans.

You must submit a Claim Form to receive your share of a monetary payment.  Please refer to the Class Notice you received to see more information about how the fund will be distributed.

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4. What will my payment be if I submit a Claim Form?

Answer:

To qualify for a cash payment, you must fill out and timely submit a Claim Form by Tuesday, June 18, 2019.  You can submit the Claim Form online on this Website at the Submit Claim section.  If you want to submit a paper Claim Form by mail, you can download and print a copy available online in the Documents section on this Website, or call 855-447-2247 to speak with a representative and ask for a copy to be mailed to you.

You will need to include your Class Member ID on the Claim Form.  This code is in bold font on the postcard and/or email you received.  The completed Claim Form must be submitted online by Tuesday, June 18, 2019, or if mailed to the Settlement Administrator, postmarked by Tuesday, June 18, 2019.

If you submit an incomplete or late Claim Form, your Claim will not be considered valid and you will be ineligible to receive a payment under the Settlement.

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5. If I submit a Claim Form, when will I receive my check?

Answer:

Class Members who properly submit a Claim Form will be issued their Settlement checks after the Settlement becomes final, meaning about 30 days after the Court has given its Final Approval to the Settlement.  As the final approval hearing is scheduled for July 26, 2019, we anticipate that the Settlement will become final in early September 2019.  However, this time frame depends on when the Court grants Final Approval of the Settlement, which could be after the Final Approval Hearing.

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6. What if I do nothing?

Answer:

If you do nothing, you will not receive a payment and you will give up your right to sue the Ocwen and Cross Country Defendants and related persons for the potential claims you might have as a result of having been enrolled in and charged for a Cross Country home warranty plan.

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7. How are my legal rights affected by this Settlement?

Answer:

The refund Benefits available to you in this Settlement are compensation for being enrolled in and charged for a Cross Country home warranty plan and not using the plan.  In exchange for these Benefits, you will be releasing any claims you might have regarding your enrollment in one of the plans.  When claims are “released,” it means that you cannot sue Defendants or their related persons based on the facts or legal theories that are involved in or related to this lawsuit.

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8. How do I exclude myself from the Settlement?

Answer:

If you don’t want a cash payment from the Settlement, then you may “Opt-Out” or exclude yourself from the Settlement.  To Opt-Out from the Settlement, you must submit a statement to the Settlement Administrator that is signed and states your full name, address, and phone number stating: “I/We wish to be excluded from the Settlement Class and Settlement in the Delgado Action.”  Your Opt-Out statement must be returned to the Settlement Administrator so that it is postmarked on or before Tuesday, June 18, 2019:  Class Action Opt-Out, Attn: Delgado v. Ocwen, c/o Settlement Administrator, PO Box 58489, Philadelphia, PA 19102-8489.  If you choose to Opt-Out of the Settlement: (1) you will not get any refund; and (2) you cannot file an Objection to the Settlement.  By Opting Out, you will not be legally bound by the Settlement, and may still pursue your own Claims against Defendants at your own expense if they are not too late under the applicable statute of limitations.

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9. When is the Final Approval Hearing?

Answer:

You are not required to attend the Final Approval Hearing in order to receive a payment, which is currently scheduled for July 26, 2019 at 11:00 a.m. et.  The Final Approval Hearing is before the Honorable Nicholas G. Garaufis in Courtroom 4D South of the United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, NY 11201.  At the Final Approval Hearing, the Judge will consider (1) whether the Settlement is fair, reasonable, and adequate and (2) Plaintiffs’ application for attorneys’ fees, reimbursement of expenses, and Service Awards.


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10. Can I Object to the Settlement?

Answer:

Any Class Member who does not Opt-Out of the Settlement may file an Objection to the Settlement stating why he or she believes that the Settlement should not be approved as fair, reasonable, and adequate.  For your Objection to be considered, your Objection must be filed with the Court and served on Class Counsel and counsel for Defendants so that it is postmarked no later than Tuesday, June 18, 2019.  The addresses of Class Counsel and counsel for Defendants are set forth in the Class Notice.  You must also follow all of the other requirements for Objecting set forth in the Class Notice, or your Objection will not be considered by the Court.  If you have any further questions about Objecting, please contact Class Counsel at 914-775-8862.

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11. Where can I find more information?

Answer:

You may visit the Frequently Asked Questions section on this Website where you will find answers to frequently asked questions about the Settlement, and find copies of all pertinent Settlement documents in the Documents section, including the Settlement Agreement.

You may also contact Class Counsel Steven L. Wittels, J. Burkett McInturff, or Tiasha Palikovic at CheckFeeSettlement@wittelslaw.com or 914-775-8862.

You may also read the full Settlement Agreement by requesting to see the court file for Delgado et al. v. Ocwen Loan Servicing, LLC et al., Case No. 13 Civ. 4427 (NGG) (SLT) during regular business hours in the Clerk’s Office at 225 Cadman Plaza East, Brooklyn, NY 11201.


Please do not contact the clerk of the court, the Judge, or any of the Defendants with inquiries about the Settlement.

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This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call the Settlement Administrator: 855-447-2247

Submit Claim

Click here to safely and securely submit a Claim Form.

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Important Dates

  • Claim Form Deadline

    Tuesday, June 18, 2019

    You must submit your Claim Form on-line no later than Tuesday, June 18, 2019, or mail your completed paper Claim Form so that it is postmarked no later than June 18, 2019.

  • Exclusion Deadline

    Tuesday, June 18, 2019

    You must complete and mail your request for exclusion so that it is postmarked no later than June 18, 2019.

  • Objection Deadline

    Tuesday, June 18, 2019 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than June 18, 2019.
  • Final Approval Hearing Date

    Friday, July 26, 2019 The Final Approval Hearing is scheduled for July 26, 2019. Please check this website for updates. You do not need to appear at this hearing.

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