What is this lawsuit about?

A Settlement Agreement has been reached in a class action lawsuit alleging that MTGLQ Investors and NewRez LLC d/b/a Shellpoint Mortgage Servicing (“Shellpoint”) charged illegal fees for property preservation activities.

Am I a member of the class?

For settlement purposes, the Court certified the following four classes of plaintiffs:

• Class 1: Washington borrowers who paid Shellpoint lawn maintenance, securing, winterization, or other property preservation fees (not including inspection fees) that Shellpoint charged against non-vacant properties.
• Class 2: Washington borrowers who were charged lawn maintenance, securing, winterization, or other property preservation fees (not including inspection fees), on a Shellpoint account that remains open and serviced by Shellpoint, but who have not yet paid the charges.
• Class 3: Washington borrowers who paid Shellpoint inspection fees that Shellpoint had charged to their loans at over $50 per inspection.
• Class 4: Washington borrowers whom Shellpoint charged inspection fees over $50 per inspection, on a Shellpoint account that remains open and serviced by Shellpoint, but who did not pay those fees.

If you received notice of the settlement in the mail in October 2022, you are part of the settlement and may be entitled to payment or a reversal of a fee under the Settlement Agreement reached in the case. You should review the notice for your options.

• See the Class Settlement Notice
• See the Class Settlement

If you have moved you should be sure to notify the settlement administrator of your new address by emailing RudinSettlement@ClassExpertsGroup.com, or writing to Rudin Settlement Administrator, PO Box 995, Mequon, WI 53092.

How do I object?

There will be a court hearing on December 2, 2022 at 9am for the Court to consider final approval of the settlement. If the settlement is approved and there are no appeals, funds will be distributed in January 2022.

You may object to the terms of the settlement agreement and have your objections heard at the fairness hearing on December 2 (at King County Superior Court, 401 4th Ave. N, Courtroom Number: 4A (Judge LeRoy McCullough), Kent, WA 98032. Objections must be tendered in writing and mailed or hand delivered to the Clerk of Court and the Settlement Administrator and delivered or postmarked no later than November 28, 2022.

The Court’s address is: Clerk of the Court, 516 Third Avenue, Rm E-609 Seattle, WA 98104. 

The Settlement Administrator’s address is: Rudin Settlement Administrator, PO Box 995, Mequon, WI 53092.

How do I recover?

If you are a member of Class 1 or Class 3, you should submit a Claim Form. This is the only way to get a payment. If you paid any of the fees at issue, you have the right as a member of the Settlement Class to receive a share of the Settlement Fund.

If you are a member of Class 2 or Class 4, you do not need to submit a Claim Form and you will not receive a payment. Instead, for members of Class 2, the defendants will automatically reverse the unpaid fee at issue. For members of Class 4, the defendants will automatically reduce the fee at issue to $50.

You can submit a claim form online HERE. Or you can download the form HERE and mail it to:

Rudin Settlement
PO Box 995
Mequon, WI 53092

If I don’t want to be part of the case, how do I ask to be excluded?

Answer: Send a Request to Be Excluded.

If you don’t want a payment from this settlement, but you want to keep the right to individually sue the Defendant about the issues in this case, then you must take steps to get out of the settlement. This is called excluding yourself, or “opting out,” of the Settlement Class. To request
to exclude yourself, you must send a letter by mail with (a) the Requester’s full name, address, and the name of the Action and telephone number; (b) the Requester’s personal and original signature, or the original signature of a person previously authorized by law, such as a trustee,
guardian, or person acting under a valid power of attorney, to act on behalf of the Requester; and (c) state unequivocally that the Requester desires to be excluded from the Settlement Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement. You must mail your exclusion request postmarked no later than November 28, 2022 to Rudin Settlement PO Box 995, Mequon, WI 53092.

How can I learn more about the case?

You can read here the Complaint, Settlement Agreement, and full Class Member Settlement notice.

Where and when is the final approval hearing?

The Court will review and settlement at a final approval hearing on December 2, 2022 at 9am at the following location:

Judge LeRoy McCullough
King County Superior Court
401 4th Ave. N
Courtroom Number: 4A
Kent, WA 98032