Dutcher v. Shellpoint Mortgage Servicing

U.S. District Court for the Eastern District of Pennsylvania
Case No. 2:21-cv-2062


This website relates to a proposed Settlement of a lawsuit (the “Lawsuit”) filed against NewRez LLC d/b/a Shellpoint Mortgage Servicing  (“Shellpoint”). This settlement will provide $500,000 to pay individuals that are part of the Settlement Class.

  • A Settlement has been reached subject to Court approval in a class action lawsuit against NewRez LLC d/b/a Shellpoint Mortgage Servicing ("Shellpoint"), pending in the U.S. District Court for the Eastern District of Pennsylvania as Dutcher v. NewRez LLC d/b/a Shellpoint Mortgage Servicing, No. 2:21-CV-02062-MAK (“the Case”). The Case alleges Shellpoint sent misleading mortgage statements to borrowers participating in a CARES Act (the Coronavirus Aid, Relief And Economic Security Act) forbearance plan, in violation of the Fair Debt Collection Practices Act ("FDCPA") and the California Rosenthal Act. The Settlement resolves that portion of the Case.  The Case also contains claims under the Telephone Consumer Protection Act, which are not resolved by the Settlement except as to the named plaintiff.  Shellpoint denies any wrongdoing.  The Court has not decided who is right.
  • You are included in the Settlement if, (1) You had a residential mortgage serviced by Shellpoint; and (2) you had the residential mortgage placed into a CARES Act forbearance plan; and (3) while under the CARES Act forbearance plan, received a periodic mortgage statement in the same form as the statement attached in Exhibit A to the Agreement between May 5, 2020 and April 25, 2022. 

This website explains important legal rights you may have. Your legal rights will be affected regardless of whether you do or do not act.  

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING

You will still receive a payment under the Settlement and give up your rights to sue Shellpoint about the issues in this case.
EXCLUDE YOURSELF
You will receive no payment, but you will retain any rights you currently have to sue Shellpoint about the issues in this case.
OBJECT
Write to the Court explaining why you don’t like the Settlement.
ATTEND A HEARING

Ask to speak in Court about the fairness of the Settlement.

These rights and options—and the deadlines to exercise them—are explained in the "Long Form Notice".

The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be provided only after the Court approves the Settlement and any issues with the Settlement are resolved, as is further set forth in the Settlement Agreement. Please be patient.
This website is authorized by the Court, supervised by counsel and controlled by, the Settlement Administrator approved by the Court. This is the only authorized website for this case.

Call
1-833-620-3586
Mail
Kroll Settlement Administration LLC
P.O. BOX 5324
New York, NY 10150-5324

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Important Dates

  • Exclusion Deadline

    Wednesday, July 27, 2022 You must complete and mail your request for exclusion so that it is postmarked no later than Wednesday, July 27, 2022.
  • Objection Deadline

    Wednesday, July 27, 2022 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Wednesday, July 27, 2022.
  • Fairness Hearing Date

    Thursday, October 20, 2022 The Fairness Hearing is scheduled for Thursday, October 20, 2022. Please check this website for updates.

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