UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

Transcription

1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA IF YOU RECEIVED CORRESPONDENCE FROM OR WERE SUBJECTED TO A LIEN BY WITTSTADT TITLE & ESCROW, LLC BETWEEN JUNE 21, 2011, AND JUNE 20, YOU COULD GET A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT. A federal court authorized this notice. This is not a solicitation from a lawyer. The settlement resolves a lawsuit about whether Wittstadt Title & Escrow, LLC (Wittstadt) violated the Federal Fair Debt Collection Practices Act (FDCPA) 15 U.S.C. 1692, et seq., by (1) mailing letters that falsely stated that it claimed that it had complied by Va. Code when it (a) had not received an affidavit to the effect that the note or other evidence of indebtedness secured by the subject deed of trust was lost or for any reason could not have been produced, and/or (b) when the note was not lost or unavailable to the beneficiary, and (2) either (a) failing to provide the Notice of Debt required by 15 USC 1692g(a) within five days of its initial communication or (b) omitting in its 1681g notice letters the in writing requirement for disputes so consumers could trigger their rights under the FDCPA. You may be entitled to a cash payment from the Settlement Fund. This notice is sent to you because you are a part of the Class. There are approximately 1,962 Class Members and you and each class member will receive a check for either $50.00 or $ representing damages. The amount depends on whether or not a foreclosure sale was completed on your house. You are part of this Class if between June 21, 2011 and June 20, 2012, Wittstadt sent you correspondence claiming your note was misplaced or unavailable or they failed to provide full disclosure within five days, including informing you of the in writing requirement. Wittstadt agreed to contribute $475,000 into a Settlement Fund for the cash settlement payments to class members and costs to administer the settlement. Court-appointed lawyers for the class members will ask the Court for an amount up to twenty-five percent of the fund as fees for investigating the facts, litigating the case, and negotiating the settlement. The Courtappointed lawyers for the class members will ask the Court for an award of costs up to $10,000. Subject to the approval of the court, Wittstadt has agreed to pay approximately $118,750 for attorneys fees and $10,000 for costs. Your legal rights are affected whether you act or don t act. Read this notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT Exclude Yourself Object Do Nothing Get no payment. This is the only option that allows you to ever be part of any other lawsuit against Wittstadt about the legal claims in this case. Write to the Court about why you don t like the settlement. You will still get a check for either $50 or $400. You will not be able to exclude yourself or object to the settlement later if you do nothing. The Court in charge of this case still has to decide whether to approve the settlement. Payments will be made only if the Court approves the settlement and after appeals are resolved. Please be patient. PARA UNA NOTIFICACIÓN EN ESPAÑOL, LLAMAR O VISITAR NUESTRO WEBSITE 1

2 WHAT THIS NOTICE CONTAINS BASIC INFORMATION... PAGE 3 1. Why did I get this notice package? 2. What is this lawsuit about? 3. Why is this a class action? 4. Why is there a Settlement? WHO IS IN THE SETTLEMENT... PAGE 4 5. How do I know if I am part of the Settlement? THE SETTLEMENT BENEFITS WHAT YOU GET... PAGE 4 6. What does the Settlement provide? HOW YOU GET A PAYMENT SUBMITTING A CLAIM FORM... PAGE 4 7. How can I get a payment? 8. What am I giving up to get a payment or stay in the Class? EXCLUDING YOURSELF FROM THE SETTLEMENT... PAGE 5 9. How do I get out of the Settlement? 10. If I don t exclude myself, can I sue Wittstadt for the same thing later? 11. If I exclude myself, can I get money from this Settlement? THE LAWYERS REPRESENTING YOU... PAGE Do I have a lawyer in this case? 13. How will the lawyers be paid? OBJECTING TO THE SETTLEMENT... PAGE How do I tell the Court that I don t like the Settlement? 15. What s the difference between objecting and excluding? THE COURT S FAIRNESS HEARING... PAGE When and where will the Court decide whether to approve the Settlement? 17. Do I have to come to the hearing? 18. May I speak at the hearing? IF YOU DO NOTHING... PAGE What happens if I do nothing at all? GETTING MORE INFORMATION... PAGE Are there more details about the Settlement? 21. How do I get more information? 2

3 1. Why did I get this Notice package? BASIC INFORMATION You received this notice of a proposed settlement in a class action lawsuit against WITTSTADT TITLE & ESCROW (Wittstadt). You are a member of the Class if Wittstadt sent you correspondence claiming your note was misplaced or unavailable or Wittstadt failed to provide Notice of the Debt within five days from its initial communication, and did not inform you that certain disputes must be made in writing. Your legal rights will be affected by the settlement of this lawsuit. Please read this notice carefully. It explains the lawsuit, the settlement, and your legal rights, including the process for receiving a settlement check, excluding yourself from the settlement, or objecting to the settlement. The people who sued are called Plaintiffs and the company they sued, Wittstadt, is called the Defendant. 2. What is this lawsuit about? This lawsuit was filed on June 20, 2012, in the United States District Court for the Eastern District of Virginia by Jean T. Thomas and Heath B. Thomas, who are the Plaintiffs in this case. The lawsuit alleges that the defendant, Wittstadt, is allegedly a debt collector, and in an attempt to collect debt, sent letters falsely indicating the mortgage note was lost or misplaced and/or failed to provide a Notice of Debt within five days of its initial correspondences to consumers, including informing consumers of the in writing requirement to dispute the validity of debts, in violation of the federal consumer protection law called the Fair Debt Collection Practices Act. Wittstadt denies that it violated any law or regulation. 3. Why is this a class action? In a class action, one or more people called Class Representatives (in this case there are two class representatives: Jean and Heath Thomas), sue on behalf of people who have similar claims. All these people together are called the Class, and individually each is a Class Member. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. U.S. District Judge James R. Spencer is in charge of this class action. 4. Why is there a Settlement? The Court did not decide in favor of Plaintiffs or Wittstadt. The Plaintiffs think they could have won at trial. Wittstadt thinks the Plaintiffs would not have won anything from a trial. But there was no trial. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the people affected will get compensation. The Plaintiffs, Wittstadt, and the attorneys think the settlement is best for all Class Members. 3

4 WHO IS IN THE SETTLEMENT? IF YOU RECEIVED THIS CLASS NOTICE, YOU ARE A CLASS MEMBER. 5. How do I know if I am part of the Settlement? Because you received this Class Notice, according to Wittstadt s records, you are a member of this Settlement Class and are affected by the settlement because Wittstadt sent you correspondence claiming your note was misplaced/unavailable and/or they failed to provide Notice of Debt within five days, including informing you of the in writing requirement under the FDCPA, between June 21, 2011 and June 20, 2012 ( the Class Period ). Specifically, for the purposes of settlement only, the Court has provisionally certified a Settlement Class as defined as follows: (i) all natural Persons to whom Defendant sent a letter in the form of Exhibit A, (ii) and/or to whom Defendant sent a letter in the form of Exhibit B, which contains the 15 U.S.C. 1692g debt validation notice with text identical to that in the debt validation notice set forth in Exhibit B, (iii) and/or at a time later than five days after the letter in the form of Exhibit A was sent, (iv) during the period of June 21, 2011 to June 20, All settlement documents, including Exhibit A and B can be viewed on our website. Please visit 6. What does the settlement provide? THE SETTLEMENT BENEFITS WHAT YOU GET? In this case, there are approximately 1,962 Class Members. Wittstadt has agreed to contribute $475,000 into a Settlement Fund for the cash settlement payments to all Class Members. The Class is divided up based on whether the real property went to foreclosure and a Trustee s Deed was recorded (Foreclosure Class Members) and those whose real property did not go to foreclosure with the eventual recording of a Trustee s Deed (Non- Foreclosure Class). There are 613 Foreclosure Class Members and 1,349 Non-Foreclosure Class Members. The 613 Foreclosure Class Members will each receive $ for a total of $245,000. The Non-Foreclosure Class Members will each receive $50.00 for a total of $67,459. To the extent there are funds remaining in the Class Settlement Fund after the settlement is approved and the time has expired for class members to cash their checks, an amount equal to the amount of such shall be paid to Class Members for equal distribution. Subject to the Court s approval, Wittstadt will pay approximately $118,750 for attorneys fees and up to $10,000 for costs and expenses, which constitutes 27.1% of the total settlement value. In addition, the settlement provides for $27,600 for the cost of administration and notice to the Class Members, subject to approval by the Court. HOW YOU GET A PAYMENT 7. How can I get a payment? If You DO NOT HAVE TO SUBMIT A CLAIM FORM to qualify for a payment. You automatically qualify for a payment of damages if you received this notice. This notice is provided to you as a Class Member so that you may exercise your right to (1) do nothing; (2) object; (3) exclude yourself. If you do nothing and the Class Settlement is approved by the Court, you will receive a check. Upon expiration of the claims period, the Settlement Administrator will mail checks to the Class Members who have not opted out of the Settlement at the last known address on file, which check shall become void 90 days after issuance. 4

5 The Court will hold a hearing on December 19, 2013 at 11:00 a.m., to decide whether to approve the settlement. If Judge Spencer approves the settlement after that, there may be appeals. It s always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Details of the Settlement and Approval process, and dates for expected payments will be posted at Please be patient. 8. What am I giving up to get a payment or stay in the Class? Unless you exclude yourself, you are staying in the class, and that means that you can t sue, continue to sue, or be part of any other lawsuit against Wittstadt about the legal issues in this case. It also means that all of the Court s orders will apply to you and legally bind you. EXCLUDING YOURSELF FROM THE SETTLEMENT If you don t want a payment from this settlement, and you want to keep the right to sue or continue to sue Wittstadt on your own about the legal issues in this case, then you must take steps to get out. This is called excluding yourself or is sometimes referred to as opting out of the Settlement Class. 9. How do I get out of the settlement? To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from Thomas et al v. Wittstadt Title & Escrow, 3:12CV450-JRS. Be sure to include your name, address, telephone number, and your signature. You must mail your exclusion request postmarked no later than December 1, YOUR REQUEST TO BE EXCLUDED MUST BE SUBMITTED TO THE SETTLEMENT ADMINIS- TRATOR. DO NOT MAIL YOUR REQUEST TO THE COURT If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Wittstadt in the future. 10. If I don t exclude myself, can I sue Wittstadt for the same thing later? No. Unless you exclude yourself, you give up any right to sue Wittstadt for the claims that this settlement resolves. If you have a pending lawsuit, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is December 1, If I exclude myself, can I get money from this settlement? No. If you exclude yourself, you will not get any money. But, you may sue, continue to sue, or be part of a different lawsuit against Wittstadt. THE LAWYERS REPRESENTING YOU 12. Do I have have a lawyer in this case? The Court appointed the law firms of Consumer Litigation Associates, P.C., Surovell Isaacs Peterson & Levy PLC, and The Law Office of Dale W. Pittman, PC to represent you and other Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. 5

6 McGladrey LLP Title: Thomas Notice PPL # Proof #3 13. How will the lawyers be paid? Class Counsel will ask the Court to approve payment representing 25% of the Settlement Fund for attorneys' fees as well as up to $10,000 for payment for expenses incurred to prosecute the case. Class Counsel will also ask the Court to approve a payment of $3,000 to each Jean and Heath Thomas for their services as Class Representatives. The fees would pay Class Counsel for investigating the facts, litigating the case, and negotiating the settlement. The Court may award less than these amounts. Wittstadt has agreed not to oppose these fees and expenses. OBJECTING TO THE SETTLEMENT You can tell the Court that you don t agree with the settlement or some part of it How do I tell the Court that I don t like the settlement? If you re a Class Member, you can object to the settlement if you don t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to the settlement in Thomas et al v. Wittstadt Title & Escrow, 3:12CV450-JRS. Be sure to include your name, address, telephone number, your signature, and the reasons you object to the settlement. Mail the objection to these three different places postmarked no later than December 1, 2013: COURT CLASS COUNSEL DEFENSE COUNSEL Clerk of the Court Leonard A. Bennett Jan E. Simonsen United States District Court for the Matthew J. Erausquin Matthew D. Berkowitz Eastern District of Virginia Janelle E. Mason Kristine M. Ellison Honorable James R. Spencer Consumer Litigation Associates, P.C. Carr Maloney P.C. United States Courthouse 763 J. Clyde Morris Blvd., Suite 1-A 2000 L Street, NW 701 E. Broad Street Newport News, VA Suite 450 Richmond, VA Washington, DC Kristi Cahoon Kelly J. Chapman Petersen Scott A. Surovell Surovell Isaacs Petersen & Levy, PLC 4010 University Dr., Suite 200 Fairfax, VA Dale W. Pittman The Law Office of Dale W. Pittman, PC 112-A W. Tabb Street Petersburg, VA What s the difference between objecting and excluding? Objecting is simply telling the Court that you don t like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. THE COURT S FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don t have to. 6

7 16. When and where will the Court decide whether to approve the settlement? The Court will hold a Fairness Hearing on December 19, 2013 at 11:00 a.m., at the United States District Court for the Eastern District of Virginia, 701 E. Broad Street, Richmond, VA At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Spencer will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel. After the hearing, the Court decides whether to approve the settlement. We do not know how long these decisions will take. 17. Do I have to come to the hearing? No. Class Counsel will answer questions Judge Spencer may have. But, you are welcome to come at your own expense. If you send an objection, you don t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it s not necessary. 18. May I speak at the hearing? You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your Notice of Intention to Appear in Thomas et al v. Wittstadt Title & Escrow, 3:12CV450-JRS. Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than December 10, 2013, and be sent to each the Clerk of the Court, Class Counsel, and Defense Counsel, at the addresses above. You cannot speak at the hearing if you excluded yourself. IF YOU DO NOTHING 19. What happens if I do nothing at all? If you do nothing, you ll still get a check. Remember, unless you exclude yourself, you won t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Wittstadt about the legal issues in this case, ever again. GETTING MORE INFORMATION 20. Are there more details about the settlement? This notice summarizes the proposed settlement. More details are in a Settlement Agreement. You can get a copy of the Settlement Agreement by writing to the Settlement Administrator at Thomas et al v. Wittstadt Title & Escrow, Settlement Administrator, c/o McGladrey LLP, P.O. Box 1387, Blue Bell, PA 19422; or by visiting How do I get more information? You can call toll free; write to Thomas et al v. Wittstadt Title & Escrow, Settlement Administrator, c/o McGladrey LLP, P.O. Box 1387, Blue Bell, PA 19422; or visit the website at where you will find answers to common questions about the settlement. 7 DATE: September 30, 2013

8 Thomas et al v. Wittstadt Title & Escrow Settlement Administrator c/o McGladrey LLP P.O. Box 1387 Blue Bell, PA FIRST-CLASS MAIL U.S. POSTAGE PAID PEARL PRESSMAN LIBERTY COMMUNICATIONS GROUP IMPORTANT LEGAL INFORMATION