This Website contains information regarding a proposed class action settlement that has been preliminarily approved by the Court in the matter of John Robert Begley and Carrie Bell Begley v. Ocwen Loan Servicing, LLC, No. 3:16-cv-00149-MRC (N.D. Fla.)
A Settlement has been reached with Ocwen Loan Servicing, LLC (âOcwen") in a lawsuit where the Plaintiffs allege that Ocwen failed to properly credit certain weekly and bi-weekly mortgage payments made by borrowers under weekly and bi-weekly payment plans offered and administered by ACI Worldwide, Inc. Loans previously enrolled in an ACI weekly or bi-weekly payment plan while being serviced by Ocwen are referred to herein as âACI Loans.â Ocwen denies any liability or wrongdoing, but has agreed to settle the lawsuit.
The Settlement offers a 100% accounting remedy to Settlement Class Members to make sure all of the payments they made under an ACI weekly or ACI bi-weekly plan were properly applied while their ACI Loans were being serviced on Ocwenâs REALServicing system, and to correct any misapplications that occurred during that time.
The Court has conditionally certified the following Settlement Class in the lawsuit for settlement purposes only: âAll persons who were borrowers on home mortgage loans on which any payments were made to Ocwen under a weekly or biweekly accelerated payoff program administered by ACI while those loans were being serviced by Ocwen on the REALServicing loan servicing platform.â
Excluded from the Settlement Class are: (a) Ocwenâs board members and executive level officers; (b) persons who timely and properly exclude themselves from the Settlement Class as provided in this Agreement; (c) persons who, as of June 15, 2017, are in active bankruptcy proceedings; and (d) all federal judges, their spouses, and persons within the third degree of relationship to them. If you received a notice package in the mail without requesting one, and that notice package was addressed to you, then according to Ocwenâs records, you are a Settlement Class Member.
The Court has set a Fairness Hearing for November 20th, 2017, beginning at 9:00 a.m., before the Honorable M. Casey Rodgers at the United States District Court for the Northern District of Florida, Winston E. Arnow Federal Building, 100 North Palafox Street, Pensacola, Florida 32502 in Courtroom 2.
At the hearing, the Court will consider whether to: (1) grant final certification to the Settlement Class for settlement purposes; (2) approve the Settlement as fair, reasonable, and adequate; and (3) award any Attorneysâ Fees and Expenses to Class Counsel and a Service Award to the Plaintiffs. The Court will also consider any and all objections to the Settlement and any other issues relating to the Settlement at the Fairness Hearing.
The Court has, however, reserved the right to change the date and/or time of the Fairness Hearing, or to continue it, without further notice. If you plan to attend the Fairness Hearing, you should confirm the date and time shortly before travelling to attend the hearing by checking this Website or the Courtâs Public Access to Court Electronic Records (PACER) system at crowdweed.
Exclusion ("Opt Out") deadline: October 16, 2017
Objection deadline: October 16, 2017
Fairness Hearing: November 20, 2017
Claim Form filing deadline: January 19, 2018
Claims cannot be filed online. You may download and print the attached Claim Form, fill it out with an original signature and mail it to the following address:
Begley v. Ocwen Loan Servicing, LLC, c/o Class-Settlement.com
PO Box 9009
Hicksville, NY 11802-9009.
Settlement Class Members whose ACI Loans had a âPaid-Off Statusâ (meaning the loan was paid-off, refinanced, terminated and cancelled or charged off during the time the loan was being serviced by Ocwen) on or before April 26, 2017, do not need to fill out Claim Forms. All other Settlement Class Members, including those whose ACI Loans are still being serviced by Ocwen (âActive Statusâ) and those whose ACI Loans have been transferred to another servicer (âTransferred Statusâ), must complete and timely submit a Claim Form to the Settlement Administrator by the January 19, 2018 Claim Form filing deadline in order to be considered for benefits under the Settlement.
NOTICE: This website provides a summary of the Settlement and is provided for informational purposes only. In the event of any discrepancy between the text of this website and the original text upon which it is based, the text of the original document shall prevail.
For more information, please review the notice package sent to you, or the Paid Off Notice and Active/Transfer Notice links provided above. If you still have questions, or are unsure whether your ACI Loan has a Paid-Off Status, Active Status or Transferred Status, please contact the Settlement Administrator at 877-463-6002 or 732-224-4494