http://greenpointlendingsettlement.com/
Ramirez, et al. v. GreenPoint Mortgage Funding, Inc.
LA INFORMACIÓN EN ESPAÑOL ESTÁ DISPONIBLE:
Si usted es afroamericano o hispano y obtuvo un préstamo inmobiliario residencial con garantía sobre su vivienda entre el 1 de enero de 2004 y el 1 de enero de 2008 del GreenPoint Mortgage Funding, Inc. (“GreenPoint”) a través de un corredor hipotecario, usted es “Miembro de la Clase del Acuerdo” que puede recibir los beneficios del acuerdo propuesto. De acuerdo con los registros del GreenPoint, cada persona a quien se le envía la Notificación de Acuerdo Propuesto en una Demanda Colectiva Contra GreenPoint Mortgage Funding (la “Notificación”), posiblemente sea un Miembro de la Clase del Acuerdo.
Para una copia de la Notificación y el Formulario de Reclamación con la traducción española, haga clic aquí.
Para hacer un download de las instrucciones del Formulario de Reclamación, haga clic aquí.
Formularios de Reclamación se deben enviar por correo, enviar por fax, o enviar por correo electrónico y deben ser recibido o matasellado antes del 10 de marzo de 2011, para ser elegibles.
WHO IS A MEMBER OF THE SETTLEMENT CLASS?
If you are African-American or Hispanic and you obtained a residential real estate loan secured by your residence between January 1, 2004 and January 1, 2008 from GreenPoint Mortgage Funding, Inc. (“GreenPoint”) through a mortgage broker, you are a “Settlement Class Member” who may receive benefits from the proposed settlement. According to GreenPoint’s records, each person to whom the Notice of Proposed Settlement of Class Action Lawsuit against GreenPoint Mortgage Funding (the “Notice”) was sent may be a member of the Settlement Class.
A complete copy of the Notice and the Claim Form are available for download by clicking here.
If you did not receive a copy of the Notice by mail, but believe you are a member of the Settlement Class as defined above, please contact the Settlement Administrator at 866-778-9469 to determine if your name appears in GreenPoint’s records.
Claim Forms must be mailed, faxed, or emailed to the Settlement Administrator by March 10, 2011, to be eligible.
WHAT ARE THE TERMS OF THE PROPOSED SETTLEMENT?
The complete terms of the proposed settlement are set forth in a formal Stipulation and Agreement of Settlement (the “Agreement”), which is on file with the District Court and available for download by clicking here. The Notice is only a summary of the settlement, and in case of any conflict between the Notice and the Agreement, the terms of the Agreement will control. The settlement, if approved by the Court, would resolve all of the claims alleged in the Ramirez lawsuit.
THE SETTLEMENT FUND
GreenPoint has agreed to pay $14,750,000 for the benefit of Settlement Class Members. This money will be used (1) to pay the costs of administering the settlement, (2) to pay up to a total of $18,000 in service awards to the class representatives, (3) to pay $150,000 for the foreclosure prevention counseling services described in the Notice, (4) to pay attorneys’ fees and costs as approved by the District Court, and (5) to pay claims of eligible Settlement Class Members.
WHAT HAPPENS NEXT?
WHAT HAPPENS NEXT?
The Court will hold a Final Fairness Hearing on April 11, 2011, at 10:00 a.m. at the United States District Court for the Northern District of California, 450 Golden Gate Avenue San Francisco, CA 94102, to hear any objections and to consider whether to give final approval to the settlement. The Court will only hear objections at the hearing from those who timely object to the settlement (see below). You may participate in the Final Fairness Hearing with or without an attorney, but if you choose to be represented by an attorney, you must do so at your own expense. YOU DO NOT HAVE TO APPEAR AT THE HEARING TO RECEIVE THE BENEFITS OF THE SETTLEMENT.
WHAT ARE YOUR OPTIONS?
Participate in the Settlement. If you wish to remain a part of the Settlement Class and receive a payment, you must complete and timely return the Claim Form that was enclosed with your Notice to the Settlement Administrator by mail addressed to Greenpoint Lending Settlement, Settlement Administrator, c/o A.B. Data, Ltd., PO Box 170500, Milwaukee, WI 53217-8042, by facsimile at 414-961-7429, or by email atinfo@greenpointlendingsettlement.com. The claims will be paid if the settlement receives the final approval of the Court. The deadline for making a claim is March 10, 2011. You may download an additional copy of the Claim Form to submit by mail by clicking here.
Further details on how to submit a claim are available on the Claim Form page of this site; click here for a link.
Opt Out of the Settlement. If you wish to pursue your own claims and do not want your claims to be part of the settlement, you may exclude yourself from the settlement. If you choose to exclude yourself, or “opt out,” you must send a written statement to the attorney listed below that includes your full name, address, telephone number, and account number(s) of the loan(s); a sentence affirming that you are a Settlement Class Member; and the following statement: “I request to be excluded from the class settlement in this case.” You must personally sign your written “opt-out” statement and mail it by February 23, 2011 to the following address:
GREENPOINT LENDING SETTLEMENT
SETTLEMENT ADMINISTRATOR
OPT-OUTS
C/O A.B. DATA, LTD.
PO BOX 170500
MILWAUKEE, WI 53217-8042
SETTLEMENT ADMINISTRATOR
OPT-OUTS
C/O A.B. DATA, LTD.
PO BOX 170500
MILWAUKEE, WI 53217-8042
If you do not opt out, you will be bound by this settlement.
Remain a Settlement Class Member but Object to the Terms of the Settlement. You may object to all or any portion of the settlement at the Final Fairness Hearing, but you must first explain your objections in writing. All objections must include (1) your name, address, and telephone number; (2) the account number(s) of your loan(s); (3) a sentence confirming, under penalty of perjury, that you are a Settlement Class Member; (4) the factual basis and legal grounds for your objection; (5) the identity of any witnesses whom you may call to testify at the Final Fairness Hearing; and (6) copies of any exhibits you intend to offer into evidence at the Final Fairness Hearing. To be considered, objections must be mailed to one of the lawyers handling the case for the Plaintiffs. All objections received will be filed with the Court. Objections must be postmarked no later than February 23, 2011. The address for objections is:
Counsel for Plaintiffs
Gary Klein, Esq.
Roddy Klein & Ryan
727 Atlantic Avenue, 2nd Floor
Boston, MA 02111
Gary Klein, Esq.
Roddy Klein & Ryan
727 Atlantic Avenue, 2nd Floor
Boston, MA 02111
You have the right to consult with your own attorney, at your own expense, before deciding how best to proceed.
Do Nothing. If you do nothing, you will not receive any money and you will give up your right to make a claim against GreenPoint about the challenged policies and practices. You will, however, have access to the foreclosure prevention services described in the Notice.
MORE INFORMATION IS AVAILABLE
This homepage is only a brief summary of the settlement and the Agreement. If you have questions regarding the settlement or would like to review a copy of the complete Notice and Claim Form, click here. If you would like to review a copy of the complete Agreement, click here.
PLEASE DO NOT TELEPHONE THE COURT, THE JUDGE, OR THE CLERK OF THE COURT. If you have questions, you may call the Ramirez, et al. v. GreenPoint Mortgage Funding, Inc. Settlement Help Line at 866-778-9469 or send an email to info@greenpointlendingsettlement.com.
*All capitalized terms not otherwise defined here shall have the meaning provided in the Stipulation and Agreement of Settlement (the “Agreement”).
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