Case 3:09-cv-00690-AWT Document 150 Filed 04/17/15 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT DEBORAH MAHON, ) on behalf of herself and all others similarly ) situated, ) ) Plaintiff, ) ) v. ) No. 3:09-cv-690-AWT ) CHICAGO TITLE INSURANCE ) COMPANY, ) ) Defendant. ) April 17, 2015 JOINT PLAN OF CLASS NOTICE In accordance with the Court s January 14, 2015 Order (Dkt. #145), Plaintiff Deborah Mahon, on behalf of herself and the Plaintiff Class, and Defendant Chicago Title Insurance Company ( Chicago Title ), hereby submit the following Joint Plan of Class Notice ( Plan ). The parties request the Court to adopt the following Plan and the attached forms of notice. I. BACKGROUND On September 30, 2013, the Court certified a class defined as: all persons who paid for a lender s policy of title insurance issued by [Chicago Title] and its agents in connection with the refinancing of a mortgage loan on property located in Connecticut that was completed any time from January 1, 2000 to the present (the Class Period ) where the subject property previously had been mortgaged by an institutional first mortgage within the statutorily applicable look-back period and paid more than the statutory discounted refinance rate for such title insurance as set forth in the defendant s rate manual to eligible Connecticut borrowers. (Dkt. #125 at 1.) Since then, the parties have engaged in an extensive meet-and-confer and informal discovery process addressing both the scope of the class period and the ability to identify class members through reasonable effort.
Case 3:09-cv-00690-AWT Document 150 Filed 04/17/15 Page 2 of 6 With respect to the class period, Chicago Title amended its Connecticut refinance provision in 2006 expressly to allow a discount whenever a new mortgage fully pays off a an existing mortgage, regardless of whether the existing mortgage was insured. (See id. at 4.) Plaintiff contends that the same standard applied prior to 2006 because this amendment functioned as a codification or clarification of the then-existing industry practice as it had developed over time. (See id. at 21.) Given that neither party disputes that this standard applied after 2006, however, in an attempt to narrow the issues in dispute, the parties agreed to sample post-2006 policies from a cross-section of agents to examine whether Chicago Title substantially complied with the 2006 amendment, in which case Plaintiff would agree to stipulate to narrowing the class period to 2000 through 2006. The sampling process is nearly complete. With respect to identifying class members and creating a class mailing list, Federal Rule of Civil Procedure 23(c)(2)(B) provides that the Court must direct to class members the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The parties have undertaken to gather names and addresses of potential class members from Chicago Title s electronic databases and have agreed upon the use of filtering criteria to create a class mailing list by winnowing a list of all available addresses associated with residential lender s policies during the class period to exclude policies that were coded as having received the applicable refinance discount or that could not have been entitled to the refinance discount. In addition, the parties agree to cooperate in good faith on seeking potential ways to further exclude people who already received a refinancing discount. In this regard, the parties believe it might be possible to identify at least some of those individuals by comparing their title insurance premiums to the lowest expected refinancing premiums. 1 1 In agreeing to cooperate in good faith on this issue, the parties further agree that 2
Case 3:09-cv-00690-AWT Document 150 Filed 04/17/15 Page 3 of 6 II. PROPOSED PLAN 1. Within 45 days of the entry of an Order approving this Plan, the parties shall complete the above-referenced sampling process and, to the extent that the parties agree to narrow the class period, submit a stipulation regarding the same. 2. Within 75 days of the entry of an Order approving this Plan, the parties shall finalize a class mailing list (the Class Mailing List ). 3. Within 90 days of the entry of an Order approving this Plan, Plaintiff shall submit renewed requests for proposals ( RFPs ), reflecting the finalized Class Mailing List, to the following agreed-upon list of class action administrators: Rust Consulting, Inc.; A.B. Data, Ltd., Angeion Group; and RG/2 Claims Administration LLC. Plaintiff shall promptly engage a class action administrator (the Administrator ) following review of all responses. 4. Within 180 days of the entry of an Order approving this Plan, Plaintiff, through the Administrator, shall: a. send by first class mail a post-card notice of pendency of class action lawsuit in the form attached hereto as Exhibit 1 to all addressees identified in the Class Mailing List; the Administrator shall run the Class Mailing List through the National Change of Address Service or alternative service to ensure adequate notice; b. establish and maintain a website in order to respond to inquiries by Potential Class Members, which website shall include the complete text of the form attached hereto as Exhibit 2; Chicago Title is not taking on for itself any evidentiary or procedural burden that otherwise belongs to Plaintiff, including but not limited to any burdens that are imposed on Plaintiff by Federal Rule of Civil Procedure 23. 3
Case 3:09-cv-00690-AWT Document 150 Filed 04/17/15 Page 4 of 6 c. arrange for notice by publication. 5. Notice by publication shall be in the following manner: a. Plaintiff, through the Administrator, shall purchase a one-eighth page advertisement substantially in the form attached hereto as Exhibit 3. b. In order to disseminate notice throughout Connecticut, said advertisement shall be published in each of the following newspapers for two business days approximately one week apart: the Connecticut Post, New Haven Register, Republican-American (Waterbury), Middletown Press, New London Day, Norwich Bulletin, Chronicle (Willimantic), Hartford Courant, and Register Citizen (Litchfield). Plaintiff may select the portion of the newspaper in which the Class Notice Short Form shall appear. 6. The opt-out period shall expire 90 days after the completion of mailing and publication of the class notice. 7. The parties stipulate pursuant to Federal Rule of Civil Procedure 23(c)(2)(B) that this Plan sets forth the best notice that is practicable under the circumstances, including individual notice to all members of the Class who can be identified through reasonable effort. The parties further stipulate that this Plan and the Exhibits hereto comply with the requirements of Federal Rule of Civil Procedure 23 (c)(2)(b)(i)-(vii) and satisfy due process. 8. Nothing in this Plan shall be deemed to be a substantive admission of any kind with respect to the merits of this action. 4
Case 3:09-cv-00690-AWT Document 150 Filed 04/17/15 Page 5 of 6 Respectfully submitted, By: /s/ Derek E. Diaz Derek E. Diaz (pro hac vice) Signed by filing attorney with permission HAHN LOESER & PARKS LLP 200 Public Square, Suite 2800 Cleveland, OH 44114 Tel.: (216) 274-2395 Fax: (216) 274-2398 ddiaz@hahnlaw.com Stuart M. Katz (ct12088) Jonathan S. Bowman (ct08526) COHEN AND WOLF, P.C. 1115 Broad St. Bridgeport, CT 06604 Tel.: (203) 368-0211 Fax: (203) 576-8504 skatz@cohenwolf.com jbowman@cohenwolf.com By: /s/mathew P. Jasinski William H. Narwold (ct 00133) Mathew P. Jasinski (ct 27520) MOTLEY RICE LLC 20 Church St., 17th Floor Hartford, CT 06103 Tel.: (860) 218-2725 Fax: (860) 882-1682 bnarwold@motleyrice.com mjasinski@motleyrice.com Counsel for Plaintiff Deborah Mahon and the Class Counsel for Defendant Chicago Title Insurance Company 5
Case 3:09-cv-00690-AWT Document 150 Filed 04/17/15 Page 6 of 6 CERTIFICATE OF SERVICE I hereby certify that on April 17, 2015, a copy of the foregoing was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the Court s electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court s CM/ECF system. /s/ Mathew P. Jasinski Mathew P. Jasinski (ct 27520) 6
Case 3:09-cv-00690-AWT Document 150-1 Filed 04/17/15 Page 1 of 3 Exhibit 1
Case 3:09-cv-00690-AWT Document 150-1 Filed 04/17/15 Page 2 of 3 Legal Notice to Current and Former Residents of Connecticut If You Purchased a Title Insurance Policy Issued by Chicago Title Insurance Company in a Mortgage Refinancing Involving Connecticut Real Property, You May Be Included in a Class Action Lawsuit You could be affected by a class action lawsuit against Chicago Title Insurance Company ( Chicago Title ) involving its charging of title insurance premiums. The Court ordered this notice and decided that this case should be a class action on behalf of a Class, or group of people, that could include you. The Court has not decided that Chicago Title did anything wrong; rather, the case is scheduled to go to trial. There is no money available now and no guarantee that there will be. What is this case about? The lawsuit claims that Chicago Title failed to apply the refinance discount as required under its rate manuals and Connecticut law. Chicago Title denies this claim. The lawyers for the Class will have to prove this claim in Court. Are you included? Generally, you are included in the Class if, on or after January 1, 2000, you (1) paid for a lender s title policy issued by Chicago Title on Connecticut real property in connection with refinancing a bank or credit union mortgage loan that was in first priority compared to any other liens on the property, and (2) paid more than the discounted premium for such title insurance set forth in Chicago Title s rate manual. It is not currently known whether the premium for any title insurance policy associated with your address was calculated correctly or incorrectly. That will be determined at a later date. You can visit www.[insert].com to access an electronic calculator to help you calculate the correct premium for title insurance policies for refinance transactions from Chicago Title from January 1, 2000 to the present. Who represents the Class? The Court has appointed Motley Rice LLC to represent the Class as Class Counsel. You don t have to pay them or anyone else to participate. They will seek an award of fees and costs from the Court, to be paid by the defendant or out of a fund created for the Class, if one becomes available. You may hire your own lawyer to appear in Court for you at your own expense. What are your options? If you are a class member, then to stay in the Class, you do not have to do anything. If Plaintiff is successful, you will be notified about how to make an individual claim for money or benefits. If you want to keep your rights to sue Chicago Title on your own over the claims in this case, you must exclude yourself. If you exclude yourself, you cannot get money or benefits from this lawsuit if any are awarded. The deadline to exclude yourself is Month 00, 2014. Where to get more information? This notice is only a summary. For more information visit the website or call the toll-free number listed below. Please do not contact Chicago Title or the Court. For more information: 1-800-000-0000 www.insert.com
Case 3:09-cv-00690-AWT Document 150-1 Filed 04/17/15 Page 3 of 3 Court-Ordered Legal Notice NOTICE ADMINISTRATOR PO BOX 0000 CITY, STATE 00000-0000 Notice to homeowners with a title insurance policy issued by Chicago Title Insurance Co. JANE Q. CLASS MEMBER 123 ANYWHERE STREET ANYTOWN, ST ZIP CODE
Case 3:09-cv-00690-AWT Document 150-2 Filed 04/17/15 Page 1 of 9 Exhibit 2
Case 3:09-cv-00690-AWT Document 150-2 Filed 04/17/15 Page 2 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT If you paid for a title policy issued by Chicago Title Insurance Co. when refinancing a mortgage on Connecticut real property, a class action lawsuit may affect your rights. A court authorized this notice. This is not a solicitation from a lawyer. An individual who paid for a title policy insuring a lender s mortgage interest issued by Chicago Title Insurance Company when she refinanced her mortgage on Connecticut real property has sued Chicago Title alleging that it did not give her, and others like her, the refinance discount on the title insurance premium she paid, as required by Chicago Title s rate manual. The Court has allowed the lawsuit to be a class action on behalf of all eligible persons who did not receive the refinance discount for a lender s title policy issued by Chicago Title during a refinancing of a bank or credit union mortgage loan on Connecticut property between January 1, 2000 to the present. It is not currently known whether the premium for any title insurance policy associated with your address was calculated correctly or incorrectly. That will be determined at a later date. If the premium was correctly calculated, you are not a member of the class, and you can disregard this notice. If the premium was too much, you may be a member of the Class. You can visit www.[blank].com to access an electronic calculator to help you calculate the correct premium for title insurance policies for refinancing transactions from Chicago Title from January 1, 2000 to the present. The Court has not decided whether Chicago Title did anything wrong. There is no money available now, and no guarantee there will be. However, your legal rights are affected, and you have a choice to make now: YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT CLASS MEMBERS LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT* *Non-Class Members Do Not Have These Rights DO NOTHING Stay in this lawsuit. Await the outcome. Give up certain rights. By doing nothing, you keep the possibility of getting money or benefits that may come from a judgment or settlement. But, you give up any rights to sue Chicago Title separately about the same legal claims in this lawsuit. Get out of this lawsuit. Get no benefits from it. Keep rights. ASK TO BE EXCLUDED If you ask to be excluded and money or benefits are later awarded, you won t share in those. But, you keep any rights, if any, to sue Chicago Title separately about the same legal claims in this lawsuit.
Case 3:09-cv-00690-AWT Document 150-2 Filed 04/17/15 Page 3 of 9 Your options are explained in this notice. To ask to be excluded (if you are a class member), you must act before Month 00, 2014. Lawyers will attempt to prove the claims against Chicago Title at a trial that has not yet been scheduled. If money or benefits are obtained from Chicago Title, you will be notified about how to ask for a share. Any questions? Read on and visit www.[insert].com. WHAT THIS NOTICE CONTAINS WHAT THIS NOTICE CONTAINS BASIC INFORMATION... PAGE 3 1. Why did I get this notice? 2. What is this lawsuit about? 3. What is a class action and who is involved? 4. Why is this lawsuit a class action? THE CLAIMS IN THE LAWSUIT.... PAGE 4 5. What does the lawsuit complain about? 6. How does Chicago Title answer? 7. Has the Court decided who is right? 8. What is the Plaintiff asking for? 9. Is there any money available now? WHO IS IN THE CLASS.. PAGE 5 10. Am I part of this Class? 11. I m still not sure if I am included. CLASS MEMBERS RIGHTS AND OPTIONS.PAGE 6 12. What happens if I am a class member and do nothing at all? 13. If I am a class member, why would I ask to be excluded? 14. If I am a class member, how do I ask the Court to exclude me from the Class? THE LAWYERS REPRESENTING THE CLASS. PAGE 7 15. Do class members have a lawyer in this case? 16. If I am a class member, should I get my own lawyer? 17. How will the lawyers be paid? THE TRIAL. PAGE 7 18. How and when will the Court decide who is right? 19. Do class members have to come to the trial? 20. Will class members get money after the trial? GETTING MORE INFORMATION PAGE 8 21. Are more details available? 2 QUESTIONS? VISIT WWW.[INSERT].COM
Case 3:09-cv-00690-AWT Document 150-2 Filed 04/17/15 Page 4 of 9 1. Why did I get this notice? 1. Why did I get this notice? BASIC INFORMATION Chicago Title s records show that a title policy insuring a lender s mortgage interest was issued by Chicago Title with respect to your property on or after January 1, 2000. This notice explains that the Court has allowed, or certified, a class action lawsuit that may affect you. If you qualify as a class member, you have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against Chicago Title, on behalf of class members, are correct. Judge Alvin Thompson of the United States District Court for the District of Connecticut is overseeing this class action. The lawsuit is known as Mahon v. Chicago Title Insurance Co., Civil Action No. 3:09- cv-00690. 2. What is this lawsuit about? 2. What is this lawsuit about? This lawsuit is about whether Chicago Title and/or its agents correctly applied the refinance discount on title insurance premiums as set forth in its rate manuals to eligible Connecticut borrowers. 3 3. What is a class action and who is involved?. What is a class action and who is involved? In a class action lawsuit, one or more people called Class Representatives (in this case Deborah Mahon) sue on behalf of other people who have similar claims. The people together are a Class or Class Members. The person who sued and all the Class Members like her are called the Plaintiffs. The company she sued (in this case, Chicago Title Insurance Company) is called the Defendant. One court resolves the issues for everyone in the Class except for those people who choose to exclude themselves from the Class. 4. Why is t 4. Why is this lawsuit a class action? lawsuit a class action? The Court decided that this lawsuit can be a class action and move towards a trial because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court found that: The Class is so numerous that joining all Class Members is impracticable; There are legal questions and facts that are common to the Class; Deborah Mahon s claims are typical of the claims of the rest of the Class; Ms. Mahon and the lawyers representing the Class will fairly and adequately represent the Class s interests; The common legal questions and facts are more important impactful than questions that affect only individuals; and This class action will be more efficient than having many individual lawsuits. More information about why the Court is allowing this lawsuit to be a class action is in the Court s Ruling on Motion for Class Certification, which is available at www.[insert].com. 3 QUESTIONS? VISIT WWW.[INSERT].COM
Case 3:09-cv-00690-AWT Document 150-2 Filed 04/17/15 Page 5 of 9 THE CLAIMS IN THE LAWSUIT 5. What does the lawsuit complain about? 5. What does the lawsuit complain about? In the lawsuit, the Plaintiff says that Chicago Title violated its Connecticut title insurance rate manuals and Connecticut law. Plaintiff says that Chicago Title and/or its agents have systematically failed to give the refinance discount on title insurance premiums as forth in its rate manuals to eligible Connecticut borrowers. Under Connecticut law, Plaintiff asserts class claims against Chicago Title for breach of implied contract, unjust enrichment, and money had and received. You can read the Plaintiff s Class Action Amended Complaint at www.[insert].com. 6. How does Chicago Title answer? 6. How does MNO answer? Chicago Title denies Plaintiff s allegations, denies any wrongdoing, denies any liability to Plaintiff or any member of the Class. Chicago Title maintains that its agents and it have consistently acted in accordance with its rate manuals and all applicable laws. Chicago Title asserts that, for years, it has taken concrete steps to make the refinance discount available to more consumers and easier for agents to apply. Chicago Title s Answer to the Complaint is available at www.[insert].com. 7. Ha 7. Has the Court decided who is right? s the Court decided who is right? The Court hasn t decided whether Chicago Title or the Plaintiff is correct. By establishing the Class and issuing this Notice, the Court is not suggesting that the Plaintiff will win or lose this case. The Plaintiff will attempt to prove her claims at a trial starting on a date that has not yet been scheduled. (See The Trial below on page 7.) 8. What 8. What is the Plaintiff asking for? are the Plaintiffs asking for? The Plaintiff is asking for the Class to be refunded any amounts improperly charged for title insurance issued by Chicago Title in eligible refinance transactions in Connecticut. The Plaintiff also wants Chicago Title to notify all borrowers who pay for title insurance issued by Chicago Title in a Connecticut refinance transaction how they may qualify for a discounted rate. 9. I 9. Is there any money available now? s there any money available now? No money or benefits are available now because the Court has not yet decided whether Chicago Title did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits ever will be obtained. If they are, you will be notified about how to ask for a share. 4 QUESTIONS? VISIT WWW.[INSERT].COM
Case 3:09-cv-00690-AWT Document 150-2 Filed 04/17/15 Page 6 of 9 WHO IS IN THE CLASS You need to decide whether you are affected by this lawsuit. 10. Am I part of this Class? All persons who paid more than they should have for a lender s title policy issued by Chicago Title on Connecticut property during a refinancing of a bank or credit union mortgage loan, that was in first priority compared to any other liens on the property, between January 1, 2000 to the present are Class Members. You can visit www.[insert].com to access an electronic calculator to help you calculate the correct premium for title insurance policies for refinance transactions from Chicago Title from January 1, 2000 to the present. 11. I m still not sure if I am included. 3. I m still not sure if I am included. If you are still not sure whether you are included, you can get free help at www.[insert].com, or by calling or writing to the lawyers in this case, at the phone number or address listed in question 21. 5 QUESTIONS? VISIT WWW.[INSERT].COM
Case 3:09-cv-00690-AWT Document 150-2 Filed 04/17/15 Page 7 of 9 CLASS MEMBERS RIGHTS AND OPTIONS* *Non-Class Members Do Not Have These Rights If you are a class member, you have to decide whether to stay in the Class or ask to be excluded before the trial, and you have to decide this now. 12. What happens if I am a class member and do nothing at all? 14. What happens if I do nothing at all? You don t have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing you are staying in the Class. If you stay in and the Plaintiff obtains money or benefits, either as a result of the trial or a settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement). Keep in mind that if you do nothing now, regardless of whether the Plaintiff wins or loses the trial, you will not be able to sue, or continue to sue, Chicago Title as part of any other lawsuit about the same legal claims that are the subject of this lawsuit. This means that if you do nothing, you may only be able to sue Chicago Title for title insurance overcharges relating to the refinance discount in Connecticut refinance transactions that occurred before January 1, 2000. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action. 15. Why would I ask to be excluded? 13. If I am a class member, why would I ask to be excluded? If you already have your own lawsuit against Chicago Title alleging it overcharged you for a lender s title policy in a Connecticut real estate transaction between January 1, 2000 and the present and want to continue with it, you need to ask to be excluded from the Class. If you exclude yourself from the Class which also means to remove yourself from the Class, and is sometimes called opting-out of the Class you won t get any money or benefits from this lawsuit even if the Plaintiff obtains them as a result of the trial or from any settlement (that may or may not be reached) between Chicago Title and the Plaintiff. However, you may then be able to sue or continue to sue Chicago Title for title insurance overcharges that occurred or occur at any time. If you exclude yourself, you will not be legally bound by the Court s judgments in this class action. If you start your own lawsuit against Chicago Title after you exclude yourself, you ll have to hire and pay your own lawyer for that lawsuit, and you ll have to prove your claims. If you do exclude yourself so you can start or continue your own lawsuit against Chicago Title, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations. 14. If I am a class member, how do I ask the Court to exclude me from the Class? To ask to be excluded, you must send an Exclusion Request in the form of a letter sent by mail, stating that you want to be excluded from Mahon v. Chicago Title Insurance Co. Be sure to include your name and address, and sign the letter. You must mail your Exclusion Request postmarked by Month 00, 0000, to: Mahon v. Chicago Title Ins. Co. Exclusions, P.O. Box 0000, City, ST 00000-0000. You may also get an Exclusion Request form at the website, www.[insert].com. 6 QUESTIONS? VISIT WWW.[INSERT].COM
Case 3:09-cv-00690-AWT Document 150-2 Filed 04/17/15 Page 8 of 9 THE LAWYERS REPRESENTING THE CLASS 17. Do I have a lawyer in this case? 15. Do class members have a lawyer in this case? The Court decided that the law firm of Motley Rice LLC of Hartford, Connecticut is qualified to represent all Class Members. The law firm is called Class Counsel. They are experienced in handling similar cases against other title insurance companies. More information about this law firm, its practices, and its lawyers experience is available at www.motleyrice.com. 18 16. If I am a class member, should I get my own lawyer?. Should I get my own lawyer? You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you. 17. How will the lawyers be paid? 19. How will the lawyers be paid? If Class Counsel get money or benefits for the Class, they may ask the Court for fees and expenses. You won t have to pay these fees and expenses. If the Court grants Class Counsel s request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Chicago Title. THE TRIAL The Court has not yet scheduled a trial to decide who is right in this case. 20. How and when will the Court decide who is right? 18. How and when will the Court decide who is right? As long as the case isn t resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiff s claims at a trial. The trial date has not yet been scheduled. During the trial, a jury will hear all of the evidence to help them reach a decision about whether the Plaintiff or the Defendant is right about the claims in the lawsuit. There is no guarantee that the Plaintiff will win, or that she will get any money for the Class. 21. 19. Do class members have to come to the trial? Do I have to come to the trial? Class members do not need to attend the trial. Class Counsel will present the case for the Class, and Chicago Title will present the defenses. You or your own lawyer are welcome to come at your own expense. 22. Will I get money after the trial? 15. Why would I ask to be excluded? 20. Will class members get money after the trial? If the Plaintiff obtains money or benefits as a result of the trial or a settlement, class members will be notified about how to participate. We do not know how long this will take. 7 QUESTIONS? VISIT WWW.[INSERT].COM
Case 3:09-cv-00690-AWT Document 150-2 Filed 04/17/15 Page 9 of 9 GETTING MORE INFORMATION 2 21. Are more details available? 3. Are more details available? Visit the website, www.[insert].com, where you will find the Court s Order Certifying the Class, the Complaint that the Plaintiff submitted, the Defendant s Answer to the Complaint, as well as an Exclusion Request form. You may also speak to one of the lawyers by calling 1-000-000-0000, or by writing to: Mahon/Chicago Title Class Action, P.O. Box 000, City, ST 00000-0000. DATE: MONTH 00, 2015 8 QUESTIONS? VISIT WWW.[INSERT].COM
Case 3:09-cv-00690-AWT Document 150-3 Filed 04/17/15 Page 1 of 3 Exhibit 3
Case 3:09-cv-00690-AWT Document 150-3 Filed 04/17/15 Page 2 of 3 LEGAL NOTICE If you paid for title insurance issued by Chicago Title Ins. Co., a class action lawsuit may affect your rights. You may be affected by a class action lawsuit in which various people allege that Chicago Title Insurance Co. overcharged them for title insurance policies in Connecticut refinance transactions. The lawsuit is called Mahon v. Chicago Title Ins. Co., No. 3:09-cv-00690, and it is in the United States District Court for the District of Connecticut. The Court decided this lawsuit should be a class action on behalf of a Class, or group of people, which might include you. This notice summarizes the rights and options of class members before trial. More information is in a detailed notice available at the website below. If you qualify as a class member, then you have to decide whether to stay in the Class and be bound by the results of the lawsuit, or ask to be excluded and keep your right, if any, to sue Chicago Title. There is no money available now and no guarantee that there will be. ARE YOU AFFECTED? The following people are class members: all persons who paid more than the applicable discounted rate for a Chicago Title title policy insuring a lender s mortgage interest in a refinancing involving Connecticut real property between January 1, 2000 to the present, where the property had previously been mortgaged by an institutional first mortgage within any applicable look-back period. WHAT IS THIS CASE ABOUT? Class members allege that Chicago Title failed to apply the refinance discount on eligible title insurance premiums in Connecticut refinance transactions, as required by its rate manual. The lawsuit seeks money or benefits for the Class. Chicago Title denies it did anything wrong. The Court has not decided whether the Class or Chicago Title is right. The lawyers for the Class will seek to prove their claims at a trial. WHO REPRESENTS THE CLASS? The Court appointed Motley Rice LLC of Hartford, CT to represent you as Class Counsel. You don t have to pay Class Counsel, or anyone else, to participate. Instead, if they get money or benefits for the Class, they may ask the Court for attorneys fees and costs, which would be paid by Chicago Title or out of any money recovered, before giving the rest to the Class. Class members may hire their own lawyer to appear in Court for them; if they do, they have to pay that lawyer. Deborah Mahon is a Class member, and the Court accepted her as the Class Representative. WHAT ARE CLASS MEMBERS OPTIONS? Class members have a choice of whether to stay in the Class or not, and they must decide this now. If you are a class member and stay in the Class, you will be legally bound by all orders and judgments of the Court, and you won t be able to sue, or continue to sue, Chicago Title as part of any other lawsuit for title insurance overcharges in refinance transactions involving Connecticut real property that occurred from January 1, 2000 to the present. If money or benefits are obtained, you will be notified about how to get a share. To stay in the Class, class members do not have to do anything now. If class members ask to be excluded from the Class, those excluded cannot get any money or benefits from this lawsuit if any are awarded, but they will keep any rights to sue Chicago Title for these claims, now or in the future, and will not be bound by any orders or judgments of the Court. To ask to be excluded, send a letter to the address below, postmarked by Month 00, 0000, that says you want to be excluded from Mahon v. Chicago Title Ins. Co. Include your name, address, and telephone number. HOW CAN YOU GET MORE INFORMATION? If you have questions or want a detailed notice or other documents about this lawsuit and your rights, visit www.[insert].com, or write to: [INSERT]. www.[insert].com
Case 3:09-cv-00690-AWT Document 150-3 Filed 04/17/15 Page 3 of 3 Who s affected? All persons who paid more than the applicable discounted rate for a Chicago Title title policy insuring a lender s mortgage interest in a refinancing involving Connecticut real property between January 1, 2000 to the present, where the property had previously been mortgaged by an institutional first mortgage within any applicable lookback period. *The above is the center box as shown on the sample FJC publication notice.