Jordan v. Nationstar Mortgage, LLC
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
UPDATE: In March 2019 the Parties reached an agreement to settle the matter. The Settlement was given Final Approval on May 3, 2019 by Hon. Thomas O. Rice with a Settlement Fund totaling $17,000,000. If there are no appeals, payments are expected to be distributed to eligible Class members in early July 2019.
For more information, please visit the Settlement website here: http://www.nationstarmortgageclassaction.com/
If you owned real property in Washington State at any time since April 3, 2008 that was subject to a deed of trust or mortgage securing a loan serviced or held by Nationstar Mortgage LLC, a class action lawsuit may affect your rights.
A court authorized this notice. This is not a solicitation from a lawyer.
- A real property owner has sued Nationstar Mortgage LLC, for trespass, statutory trespass, violation of the Washington Deeds of Trust Act, and violation of the Washington Consumer Protection Act.
- The Court has allowed the lawsuit to proceed as a class action on behalf of all Washington residents who owned real property in Washington at any time since April 3, 2008 that was subject to a deed of trust or mortgage securing a loan serviced or held by Nationstar Mortgage LLC and whose property was entered upon by Nationstar or its agents to change locks, winterize, or post notices on the property and were charged a fee relating to a property inspection, lock change, or other property preservation service.
- The Court has not decided whether Nationstar Mortgage LLC did anything wrong. There is no money available now, and no guarantee there ever will be. However, your legal rights are affected, and you have a choice to make now:
Your Legal Rights and Options in This Lawsuit | |
| Do Nothing | Stay in this lawsuit. Be eligible for settlement benefits. Give up certain rights. By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or settlement. But, you give up any rights to sue Nationstar Mortgage LLC separately about the same or similar legal claims in this lawsuit. |
| Ask to be Excluded | Get out of this lawsuit. Get no benefits from it. Keep rights. If you ask to be excluded from the lawsuit and money or benefits are later awarded, you won’t share in those. But, you keep any rights to sue Nationstar Mortgage LLC separately about the same or similar legal claims in this lawsuit. If you elect to be excluded, your Exclusion Request must be postmarked no later than January 17, 2017. |
- Your options are explained in this notice. To ask to be excluded you must act before January 17, 2017.
- The judgment, whether favorable or not, will include all Class members who do not request exclusion.
- Any Class member who does not request exclusion may, if he or she desires, enter an appearance through his or her own counsel.
- Lawyers must prove the claims against Nationstar Mortgage LLC at a trial that is set for October 16, 2017. If money or benefits are obtained from Nationstar Mortgage LLC, you will be notified about how to ask for a share.
- Any questions? Contact Terrell Marshall Law Group at 1-855-349-7023.
| 1. Why did I get this notice? |
| Nationstar Mortgage LLC’s records show that at some time since April 3, 2008 you owned real property in the state of Washington subject to a deed of trust or mortgage securing a loan serviced by Nationstar Mortgage LLC. This notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims made against Nationstar Mortgage LLC, on your behalf, are correct. Judge Thomas O. Rice of the United States District Court, Eastern District of Washington, is overseeing this class action. The lawsuit is known as Laura Zamora Jordan v. Nationstar Mortgage, LLC, Civil Action No. 2:14-cv-0175-TOR. |
| 2. What is this lawsuit about? |
| This lawsuit is about whether Nationstar Mortgage LLC’s practices with respect to inspecting, entering, changing locks on borrowers’ properties, maintaining a lock box on borrowers’ properties, or performing winterization or other services on borrowers’ properties prior to completion of a foreclosure violate Washington law. |
| 3. What is a class action and who is involved? |
| In a class action lawsuit, one or more people called “Class Representatives” (in this lawsuit Laura Zamora Jordan) sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The property owner who sued—and all the Class Members like her—are called the Plaintiffs. The company she sued (in this case Nationstar Mortgage LLC) is called the Defendant. One lawsuit resolves the issues for everyone in the Class—except for those people who choose to exclude themselves from the Class. |
| 4. Why is this lawsuit a class action? |
| The Chelan County Superior Court decided that this lawsuit can be a class action because it meets the requirements of Washington Superior Court Civil Rule 23, which governs class actions in Washington courts. After that, the lawsuit was moved to the United States District Court for the Eastern District of Washington.
Specifically, the Chelan County Superior Court found that class certification was appropriate because: a. Questions of law or fact common to the members of the Class predominate over any questions of affecting only individual members; and b. A class action is superior to other available methods for the fair and efficient adjudication of the controversy. |
The Claims in the Lawsuit
| 5. What does the lawsuit complain about? |
| Plaintiffs allege that Nationstar Mortgage LLC, without authorization, entered upon Plaintiffs’ properties for the purpose of inspecting the property, changing locks, performing winterization and other maintenance, and posting notices before completing a foreclosure sale in violation of Washington law. They also allege that Nationstar Mortgage LLC wrongfully charged property owners fees for doing these things. |
| 6. How does Nationstar Mortgage LLC respond? |
| Nationstar Mortgage LLC denies Plaintiffs’ allegations, or that Plaintiffs were in any way damaged, and contends that the deeds of trust securing the loans that it services authorize the disputed conduct. |
| 7. Has the Court decided who is right? |
| The Court hasn’t decided whether Nationstar Mortgage LLC or the Plaintiffs are correct. By establishing the Class and issuing this Notice, the Court is not suggesting that Plaintiffs will win or lose this lawsuit. Plaintiffs must prove their claims at a trial in October 2017. |
| 8. What are the Plaintiffs asking for? |
| Plaintiffs are asking for money damages resulting from Nationstar Mortgage LLC’s actions as well as a court order preventing, or “enjoining,” Nationstar Mortgage LLC from continuing those actions in the future. Plaintiffs are also asking the Court to order Nationstar Mortgage LLC to pay for their attorneys’ fees and costs for bringing the lawsuit. |
| 9. Is there any money available now? |
| No money or benefits are available now because the Court has not yet decided whether Nationstar Mortgage LLC did anything wrong, and the two sides have not yet settled the lawsuit. There is no guarantee that money or benefits ever will be obtained. If money is obtained, you will be notified about how to ask for a share, if you do not exclude yourself from the Class. |
Who is in the Class
You need to decide whether you are affected by this lawsuit.
| 10. Am I part of this Class? |
| The Chelan County Superior Court decided that the Class Members are all citizens of the State of Washington who:
(a) Own or owned real property in Washington State subject to a deed of trust or mortgage securing a loan serviced or held by Nationstar Mortgage LLC; and (b) On or after April 3, 2008, were deemed by Nationstar Mortgage LLC and/or its agents to have quit, vacated, or otherwise “abandoned” such property; and
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| 11. Are any property owners excluded from the class? |
| The Chelan County Superior Court has specifically excluded from the Class:
(a) The Defendant, Nationstar Mortgage LLC; (b) Any entity in which Nationstar Mortgage LLC has a controlling interest; (c) Any entity which has a controlling interest in Nationstar Mortgage LLC; (d) Nationstar Mortgage LLC’s legal representatives, assigns, and successors; and (e) Chelan County Superior Court Judge Small, himself, and any member of Judge Small’s immediate family. |
| 12. I’m still not sure if I am included. |
| If you are unsure whether you are included, you can get free help by calling or writing to the lawyers in this lawsuit at the phone number or address listed in question 22. |
Your Rights and Options
You have to decide whether to stay in the Class or ask to be excluded, and you have to decide this now.
| 13. 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 Plaintiffs obtain 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 ask to be excluded from any settlement, if applicable). Keep in mind that if you do nothing now, regardless of whether Plaintiffs win or lose at trial, you will not be able to sue, or continue to sue, Nationstar Mortgage LLC—as part of any other lawsuit—about the same or similar legal claims that are alleged in this lawsuit. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action. |
| 14. Why would I ask to be excluded? |
| If you already have your own lawsuit against Nationstar 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 Plaintiffs obtain them as a result of the trial or from any settlement (that may or may not be reached) between Nationstar Mortgage LLC and Plaintiffs. However, you may be able to sue or continue to sue Nationstar on your own. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action. |
| 15. How do I ask the Court to exclude me from the Class? |
| To ask to be excluded, you must print out the “Exclusion Request” form available on this website and send it to: Terrell Marshall Law Group, 936 N. 34th Street, Suite 300, Seattle, WA 98103. If you would like to have an exclusion form mailed to you, please call 1-855-349-7023 to request one. If you elect to be excluded, your Exclusion Request must be postmarked no later than January 17, 2017. |
The Lawyers Representing You
| 16. Do I have a lawyer in this lawsuit? |
| The Court decided that the law firms of Jeffers, Danielson, Sonn & Aylward, P.S. of Wenatchee, WA, Daudt Law, PLLC, of Seattle, WA, and Terrell Marshall Law Group, PLLC of Seattle, WA, are qualified to represent you and all Class Members. These law firms are referred to as “Class Counsel.” |
| 17. 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 to hire your own lawyer, you will have to pay that lawyer. For example, you can ask a lawyer to appear in Court for you if you want someone other than Class Counsel to speak for you. |
| 18. How will the lawyers be paid? |
| If Class Counsel gets 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 either be deducted from any money obtained for the Class or paid separately by Nationstar Mortgage LLC. |
The Trial
The Court has scheduled a trial for October 16, 2017 to decide who is right in this lawsuit.
| 19. How and when will the Court decide who is right? |
| As long as the lawsuit isn’t resolved by a settlement or otherwise, Class Counsel will have to prove Plaintiffs’ claims at trial. During the trial, the Judge will hear all of the evidence to help him decide whether Plaintiffs or Defendant are right about the claims in the lawsuit. There is no guarantee that Plaintiffs will win, or that they will get any money for the Class. |
| 20. Do I have to come to the trial? |
| You do not need to attend the trial. Class Counsel will present the case for the Plaintiffs, and Nationstar Mortgage LLC will present the defenses. You or your own lawyer are welcome to come at your own expense. |
| 21. Will I get money after the trial? |
| If the Plaintiffs obtain money or benefits as a result of the trial or a settlement, you will be notified about how to claim a share. We do not know how long this will take. |
Getting More Information
| 22. Are more details available? |
| For more information, you may speak to one of the lawyers by calling 1-855-349-7023, or by writing to the lawyers at the following address: Terrell Marshall Law Group, PLLC, 936 N. 34th Street, Suite 300, Seattle, WA 98103. |
Keep Us Advised Where You Live |
| 23. How will you contact me in the future about the results of the case? |
| Important developments about the case will be posted to this website, but it is critical that you keep us advised of your current address so we can also mail you information. If you received your notice through the mail forwarding service or you moved or plan to move, please keep us advised of your current address by writing us at: Terrell Marshall Law Group, PLLC, 936 N 34th St., Suite 300, Seattle, WA 98103. |
EXCLUSION REQUEST FORM |
| Exclusion Request Form |