Waldrup v. Countrywide Settlement – Frequently Asked Questions

  1. Why did I receive this Reminder Postcard?

    The Reminder Postcard was mailed to you to remind you to negotiate the match that was sent to you between October 2, 2020, and October 23, 2020. If you were a extremity of the Waldrup Settlement Class and received a payment in the class of a check and have not negotiated your check, a postcard was mailed to you. Please ignore the postcard If you have already negotiated your check.
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  2. Why did I receive this check?
    Each penis of the class who has not excluded himself or herself from the course will be eligible to receive a check ( “ Benefit Check ” ) in an sum that represents a percentage of the appraisal fee assessed in connection with his, her, or their mortgage Loan or Loan application, Your determine is issued pursuant to the terms of the class action Settlement in Waldrup v. Countrywide Financial Corporation .
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  3. What is the deadline for requesting a reissue?
    The deadline to request a reissue of a village check was March 14, 2021. We are unable to honor reissue requests past this deadline .
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  4. Why did I receive this second payment?
    This assay is issued pursuant to the terms of the class action Settlement in Waldrup v. Countrywide Financial Corporation, Case No. 2:13-cv-08833-CAS-AGR. Those terms provided for the distribution of a second Settlement see to eligible class Members under sealed conditions identified in the Settlement Agreement. consistent with those terms and conditions, this second Settlement check is being sent only to eligible class Members who negotiated ( for example, cashed or deposited ) the initial Settlement checks distributed to them in October 2020. Pursuant to the Court ’ s Final Approval Order, the second check and the check you were previously issued appoint full amount of your award. Please note that this check cannot be reissued.

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  5. I lost/never received my check. Can I have my check reissued?

    The deadline to request a reissue of a settlement check was March 14, 2021. We are unable to honor reprint requests past this deadline .
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  6. What happens to the uncashed checks and residual funds?

    residual funds will be distributed according to the terms of the Settlement Agreement. For reference, all woo documents can be found on the Important Documents page here .
    Please see Paragraph 3.09 on page 18 of the Settlement Agreement :
    In the event the distribution of a second check is determined by the Settlement Administrator to be administratively impracticable because of cost or early reasons, all amounts that would be discipline to distribution under this paragraph shall be distributed to the Center for Responsible Lending ( or another cy pres recipient mutually agreeable to the Parties and approved by the Court ) .
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  7. What is the purpose of this website?
    The purpose of this web site is to advise you of a proposed liquidation ( referred to as the “ Settlement ” ) of the Barbara Waldrup, individually and on behalf of others similarly situated v. Countrywide Financial Corporation, et al., Case No. 2:13-cv-08833-CAS-AGR ( consolidated with Case No. 2:16-cv- 04166-CAS-AGR ) and Beckie Reaster, Rebecca Murphy, individually and on behalf of others similarly situated v. Countrywide Financial Corporation, et al., Case No. 2:16-cv-04166-CAS-AGR ( consolidated with Case No. 2:13-cv- 08833-CAS-AGR ) consolidated lawsuits ( the “ Action ” ) pending against Countrywide Financial Corporation, Countrywide Home Loans, Inc., Countrywide Bank, N.A. ( jointly, “ Countrywide ” ), Bank of America Corporation, LandSafe, Inc., and LandSafe Appraisal Services, Inc. ( “ LSA ” ) ( jointly, “ Defendants ” ) in the United States District Court for the Central District of California ( the “ Court ” ) .
    This web site was set up to summarize your rights in connection with the Settlement, and to inform you of a Court learn to consider whether to grant Final Approval of the Settlement, to be held on July 13, 2020, at 10:00 a.m. before the Honorable Christina A. Snyder, United States District Judge of the United States District Court for the Central District of California, located at 350 W 1st St., Los Angeles, CA, 90012 .
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  8. What is this lawsuit about?
    Plaintiffs Barbara Waldrup, Elizabeth Williams, Beckie Reaster, and Rebecca Murphy filed two lawsuits against Defendants in 2013 and 2016, respectively. In their complaints, Plaintiffs allege that they applied for home mortgage Loans from Countrywide, or consort entities, and that Countrywide ordered a property appraisal from LSA and charged Plaintiffs fees for those appraisals. Plaintiffs allege that the appraisals were not valid because they were not prepared in accord with the Uniform Standards of Professional Appraisal Practice and Plaintiffs would not have paid the appraisal fees if they had known this data .
    On February 6, 2017, the Court entered an order certifying the Action as a course action, and specifically certifying a countrywide class defined as “ all residents of the United States of America who, during the period of January 1, 2003, through December 31, 2008, obtained an appraisal from LandSafe in connection with a Loan originated by Countrywide, ” and a Texas Class defined as “ all residents of the State of Texas who, during the period January 1, 2003, through December 31, 2008, obtained an appraisal from LandSafe in connection with a Loan originated by Countrywide. ” The claims certified for class action treatment consisted of a claim for alleged misdemeanor of the federal Racketeer Influenced and Corrupt Organizations Act on behalf of the Nationwide Class and a claim for unfair enrichment under the common law of Texas on behalf of the Texas Class .
    Defendants deny that Class documentation was or remains appropriate ( except for purposes of the proposed Settlement ), deny that the certifications of submission with the Uniform Standards of Appraisal Practice were faithlessly, deny that they acted unlawfully, and insist versatile legal and actual defenses against Plaintiffs ‘ claims .
    The Parties reached a settlement before the Court resolved the claims and defenses of the Parties in the Action. therefore, the Court never resolved whether Defendants did anything amiss .
    This web site should not be understood as an expression of any public opinion by the Court as to the merits of the Plaintiff ’ randomness claims or Defendant ’ randomness defenses. Plaintiffs and Defendants recognize that to resolve these and other authoritative issues would be time-consuming, changeable, and expensive, which is part of the reason for the Settlement .
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  9. Who is part of the proposed Settlement?

    Plaintiffs and Defendants have entered into an agreement to settle the Action ( the “ settlement Agreement ” ). The Court has preliminarily approved the Settlement Agreement as fair, reasonable, and adequate. The Court will hold the final Court Approval Hearing, as described in FAQ 14, to consider whether to make the Settlement final examination .
    The Settlement Agreement defines the class as :

    You are a Class Member if, during the period of January 1, 2003, through December 31, 2008, you made a mortgage Loan application to Countrywide, in connection with which LSA obtained an appraisal, unless you successfully exclude yourself from the Class. This criteria for Class membership in the Class is intended to include the persons whom the Court originally defined as part of the Nationwide Class and Texas Class described above. It also includes all persons, including the Plaintiffs, who made any inquiry, expressed an interest in, or applied for credit from Countrywide during the time period, including but not limited to applications within the meaning of the Equal Credit Opportunity Act, so long as LSA obtained an appraisal in connection with it.

    If you received a Postcard Notice about the proposed settlement in the chain mail, then you meet these criteria and are a classify Member according to Defendant ’ south records. Further, if you have received more than one transcript of a Notice in the mail, then that may be because you are a extremity of the class as to more than one qualifying Loan or Loan application. In that consequence, you may, as discussed in FAQ 13, receive the benefits of the Settlement or take other actions with obedience to the Settlement as to each Loan that qualifies you as a extremity of the Class. If you were a co-borrower, co-applicant, or co-obligor on a stipulate Loan, then you and your co-borrower ( mho ), co-applicant ( randomness ), and/or co-obligor ( s ) will be treated as a single penis of the course for purposes of the proposed colony .
    If you are distillery not sure if you are part of the proposed Settlement, you may contact the Settlement Administrator at 1-877-835-0768 or contact Class Counsel, listed in FAQ 11 .
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  10. What are the key terms of the proposed Settlement?
    The key terms of the proposed colonization are as follows .

    1. Settlement Amount

    Defendants have agreed to pay two hundred and fifty million dollars ( $ 250,000,000.00 ) as the entire and utmost dollar sum they will be obligated to pay if the Court grants Final Approval and all other contingencies are met. This amount includes all payments to :

    1. Members of the Class in exchange for the Release (as described below);
    2. The Plaintiffs as Class Representative Awards (as described below); and
    3. The Plaintiff’s attorneys for attorneys’ fees and litigation costs actually incurred in the Action (as described below).

    This total does not include an extra maximum of two million, five hundred thousand dollars ( $ 2,500,000.00 ) Defendants have agreed to pay the Settlement Administrator for the costs of administering the Settlement, mailing the Postcard Notice to Class Members, publishing notice of the Settlement, providing the Benefit Checks to eligible Class Members, responding to inquiries from Class Members, and providing other Settlement administration services .

    2. Settlement Benefit

    Each member of the class who has not excluded himself or herself from the class will be eligible to receive a check ( “ Benefit Check ” ) in an sum that represents a share of the appraisal fee assessed in connection with his, her, or their mortgage Loan or Loan application, excepting only that if Defendants ‘ records about the total of the appraisal fee assessed on a Loan are not available or are undependable, then the Benefit Check will be for $ 25.00. Calculations of awards are final examination according to the terms of the colonization agreement. You do not need to contact anyone or submit any information to receive a Benefit Check .
    The Benefit Checks will be paid entirely from, and not in addition to, the Settlement Amount. The measure of the Benefit Checks could increase or decrease based on the factors set forth in the Settlement Agreement. As note, if you are a class Member with regard to more than one qualifying appraisal, you will be eligible to receive a Benefit Check for each appraisal.

    3. The Release

    Plaintiffs and all Class Members who have not excluded themselves from the classify will release certain claims against the Defendants, their affiliates, certain predecessors and successors, and other parties set forth in the Settlement Agreement. This is referred to as the “ Release. ” generally speaking, the Release will prevent any Class Member from bringing any lawsuit or making any claims that Defendants violated the law in connection with any property appraisals or appraisal-related services, or any other claims sufficiently related to those claims that could have been asserted in the Action. The terms of the Release, as set away in the Settlement Agreement, can be found hera .
    The Release, as set forth in Paragraphs 4.01 through 4.03 of the Settlement Agreement and the Addendum to the Notice, will be effective as to every class Member who has not excluded himself or herself from the class, careless of whether or not that Class Member receives or cashes a Benefit Check .

    4. Attorneys’ Fees/Litigation Costs and Class Representative Awards

    The Court will determine the total of attorneys ‘ fees and litigation costs to award to Plaintiffs ‘ Counsel from the Settlement Amount for investigating the facts and police in the Action, litigating the Action since 2013, and negotiating the proposed village of the Action. Plaintiffs ‘ Counsel will ask the Court to award them attorneys ‘ fees and litigation costs from the Settlement Amount in the come not to exceed $ 62,500,000.00 ( or 25 % of the Settlement Amount ). Plaintiffs ‘ Counsel will besides ask the Court to award the Representative Plaintiffs ( Ms. Waldrup, Ms. Reaster, and Ms. Murphy ) an total of up to $ 15,000.00 each from the Settlement Amount for their services to the Class. Plaintiffs ‘ Counsel will make their request in a motion for attorneys ‘ fees and litigation costs to be filed with the Court at least 60 days before the Court Approval Hearing. After the Motion for Attorneys ‘ Fees and Litigation Costs is filed, copies will be available from Class Counsel, from the Court docket, and on this web site .
    Any attorneys ‘ fees, litigation costs, or award to the class representatives approved by the Court will be paid by Defendants entirely from ( and not in addition to ) the Settlement Amount .

    5. Settlement Administration

    In addition to the Settlement Amount, Defendants have agreed to pay costs of administrating the Settlement up to a maximum of two million, five hundred thousand dollars ( $ 2,500,000.00 ). In the event that the costs of administrating the Settlement exceed that sum, the excess shall be paid entirely from the Settlement Amount prior to the calculation of the amount of the Benefit Checks due under the Settlement .

    6. Dismissal of the Action

    If the Settlement is approved by the Court and becomes final examination, the Action will be dismissed with prejudice. benefit Checks will be provided to eligible class Members, and no recovery to the class will be available early than the one set forth in the Notice and in the Settlement Agreement. If the Settlement is not approved by the Court or does not become final examination for any rationality, the Action will continue, and Class Members will not be entitled to receive a Benefit Check .
    NOTE : The above sections provide only a general summary of the terms of the proposed Settlement. You can review the Settlement Agreement itself for more information about the demand terms of the proposed settlement .
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  11. Who Represents the Settlement Class?
    The Court has appointed the attorneys from the following jurisprudence firms to act as advocate for the Class ( referred to as “ Class Counsel ” or “ Plaintiffs ‘ Counsel ” ) for purposes of the proposed liquidation .

    Daniel Alberstone
    Roland Tellis
    Mark Pifko
    Evan Zucker
    Baron & Budd, P.C.
    15910 Ventura Boulevard
    Suite 1600
    Encino, CA 91436
    phoneIcon 1-818-839-2333
    emailIcon dalberstone@baronbudd.com
    emailIcon rtellis@baronbudd.com
    emailIcon mpifko@baronbudd.com
    emailIcon ezucker@baronbudd.com
    Steve W. Berman
    Hagens Berman Sobol Shapiro LLP
    1918 3rd Avenue
    Suite 98101
    Seattle, WA 98101
    phoneIcon 1-206-623-7292
    emailIcon steve@hbsslaw.com
    Christophe R. Pitoun
    Hagens Berman Sobol Shapiro LLP
    301 North Lake Avenue
    Suite 920
    Pasadena, CA 91101
    phoneIcon 1-213-330-7150
    emailIcon christopherp@hbsslaw.com

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  12. What are the reasons for the proposed Settlement?
    Plaintiffs and Defendants agreed on all of the terms of the proposed Settlement through extensive arm ’ south length negotiations between Plaintiffs ‘ Counsel and Counsel for the Defendants, with the able aid of a court-appointed, third-party Mediator, Eric Green of Resolutions, LLC. The Parties have entered into the proposed settlement after weighing the benefits of the Settlement against the probabilities of achiever or failure in the Action, and against the delays that would be likely if the Action proceeded to trial and, after test, to appeal .
    Plaintiffs and Plaintiffs ‘ Counsel have concluded that the proposed Settlement provides significant benefits to the class, avoids prolonged litigation, and is in the best interests of the Class. Plaintiffs and Plaintiffs ‘ Counsel have concluded that the proposed Settlement is fair, reasonable, and adequate .
    Defendants firm deny any wrongdoing and any liability any, but believe that it is in their best fiscal pastime to settle the action on the terms set forth in the Settlement Agreement in holy order to avoid further expense, uncertainty, troublesomeness, and business disturbance as a consequence of the Action .
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  13. What do I need to know and do now?
    As defined further in the Settlement Agreement, you have the follow rights in this proposed village .

    You can participate in the proposed Settlement:

    You do not need to do anything in ordain to participate in the proposed settlement and be eligible to receive the Benefit Check as described in FAQ 10. If you do nothing, you will be represented by Plaintiffs and Plaintiffs ‘ Counsel. You will not be billed for their services. Plaintiffs ‘ Counsel will receive a fee alone if the Court approves the Settlement and the fee award, if any, will be set by the Court. If you participate in the Settlement, you will be bound by any opinion or other final inclination of the Action, including the Release set forth in the Settlement Agreement, and will be precluded from pursuing claims against Defendants individually if those claims are within the oscilloscope of the Release .

    You can opt out of the proposed Settlement:

    The deadline to exclude yourself from the Settlement was June 15, 2020, and has passed .

    You can object to the proposed Settlement:

    The deadline to object to the Settlement was June 15, 2020, and has passed .

    You can appear at the Fairness Hearing:

    The Fairness Hearing was on July 13, 2020 .

    You can submit other motions or submissions concerning the Action or the proposed Settlement:

    It is not necessary for you to submit any apparent motion concerning the Action or proposed settlement to the Court. If you have not excluded yourself from the proposed Settlement and want to submit a motion to the Court concerning the Settlement or the Action, then you must properly file a motion, together with all supporting documents, in the action with the Clerk of Court of the United States District Court for the Central District of California, and must mail or hand-deliver a copy of the motion, together with all supporting documents, to Class Counsel and Counsel for the Defendants at the addresses set away in FAQ 16 by June 15, 2020 .
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  14. What will happen at the final Court Approval Hearing?
    On July 16, 2020, Judge Christina A. Snyder of the United States District Court for the Central District of California, Western Division granted Final Approval to the class action Settlement in Waldrup v. Countrywide .
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  15. How can I get additional information about the Action, the proposed Settlement, the Settlement Agreement, or this website?
    The descriptions of the Action, the proposed Settlement, and the Settlement Agreement in this web site are alone a general drumhead. In the consequence of a conflict between this web site and the Settlement Agreement, the terms of the Settlement Agreement dominance.

    A copy of the Settlement Agreement, along with other court documents, are available for download from the Important Documents page of this web site. additionally, all papers filed in this Action, including the broad Settlement Agreement, are available for you to inspect and copy ( at your cost ) at the office of the Clerk of Court or online through PACER ( www.pacer.gov ). last, a copy of the Settlement Agreement may besides be obtained from Class Counsel by contacting them at the addresses or telephone numbers set away in FAQ 16. Any questions concerning this web site, the Notice, the Settlement Agreement, or the proposed village may be directed to Class Counsel. You may besides seek the advice and guidance of your own lawyer, at your own expense, if you desire .
    DO NOT WRITE OR TELEPHONE THE COURT, THE CLERK ‘S OFFICE, OR DEFENDANTS WITH ANY QUESTIONS ABOUT THIS WEBSITE, THE NOTICE, THE SETTLEMENT, OR THE SETTLEMENT AGREEMENT .
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  16. What are the addresses I may need?

    Court Settlement Administrator
    Clerk of Court
    First Street U.S. Courthouse
    350 W 1st Street
    Los Angeles, CA 90012
    Waldrup v. Countrywide Settlement
    P.O. Box 3727
    Portland, OR 97208-3727
    Class Counsel
    Daniel Alberstone
    Roland Tellis
    Mark Pifko
    Evan Zucker
    Baron & Budd, P.C.
    15910 Ventura Boulevard
    Suite 1600
    Encino, CA 91436
    phoneIcon 1-818-839-2333
    emailIcon dalberstone@baronbudd.com
    emailIcon rtellis@baronbudd.com
    emailIcon mpifko@baronbudd.com
    emailIcon ezucker@baronbudd.com
    Steve W. Berman
    Hagens Berman Sobol Shapiro LLP
    1918 3rd Avenue
    Suite 98101
    Seattle, WA 98101
    phoneIcon 1-206-623-7292
    emailIcon steve@hbsslaw.com

    Christoper Pitoun
    Hagens Berman Sobol Shapiro LLP
    301 North Lake Avenue
    Suite 920
    Pasadena, CA 91101
    phoneIcon 1-213-330-7150
    emailIcon christopherp@hbsslaw.com

    Defendants’ Counsel
    Thomas M. Hefferon
    Brooks R. Brown
    Goodwin Procter LLP
    1900 N Street NW
    Washington, DC 20036
    Douglas A. Thompson
    Bryan Cave Leighton Paisner LLP
    120 Broadway
    Suite 300
    Santa Monica, CA 90401-2386



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reference : https://shayski.com
Category : Uncategorized
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