Elbert v. Roundpoint Mortgage Servicing Corporation
- Maxine Chesney
- 3:20-cv-00250
- U.S. District Court · Northern District of California
- 3
In Elbert v. RoundPoint, Judge Chesney approved a class settlement, awarded fees and an incentive payment, and dismissed the action with prejudice.
RoundPoint Mortgage Servicing Corporation, Amye Elbert, class counsel, and the certified class of borrowers who met the settlement-class definition. All class members were bound by the settlement and its release.
What happened
In Elbert v. RoundPoint Mortgage Servicing Corporation, the court reviewed an unopposed request to approve a settlement resolving claims by borrowers who paid RoundPoint fees for telephone or interactive-voice-response mortgage payments.
The court found the settlement fair, reasonable, adequate, equitable among class members, and not collusive. It certified the settlement class, approved the notice process, found that no class member objected or requested exclusion, awarded class counsel $533,280 in fees and $8,826.95 in expenses, and awarded Amye Elbert $5,000.
Judge Maxine M. Chesney directed the parties to carry out the settlement, retained jurisdiction over settlement-related issues, required a post-distribution accounting, and dismissed the action with prejudice.
The detailed version
- Elbert v. Roundpoint Mortgage Servicing Corporation · No. 3:20-cv-00250
- Maxine Chesney
- Apr. 18, 2022
Background
The court considered two unopposed motions filed by Amye Elbert: a motion for final approval of a class-action settlement and a motion for attorneys' fees, costs, and a service award. The court held a hearing on April 15, 2022. Attorneys appeared for Elbert and the class members, and separate counsel appeared for RoundPoint Mortgage Servicing Corporation.
Settlement and Class Certification
The court found that the settlement agreement was fair, reasonable, and adequate under Federal Rule of Civil Procedure 23(e)(2); treated class members equitably relative to one another; and was not the product of collusion. The court also found that notice reaching 99.99% of the class members satisfied Rule 23 and due-process requirements. None of the class members objected, and none requested exclusion.
For settlement purposes only, the court certified this class under Rules 23(a) and 23(b)(3): all persons who were borrowers on residential mortgage loans for properties located in the United States, whose loans were serviced by RoundPoint, and who paid RoundPoint a fee for making a loan payment by telephone or interactive voice response from January 1, 2016, through May 31, 2021. Because no class member requested exclusion, all class members are bound by the settlement terms, including its release. The court also found that Elbert adequately represented the class and that the appointed class counsel adequately represented it.
Awards and Order
The court granted the motions. It approved NeighborWorks America as the cy pres recipient, meaning the organization would receive any monetary relief that could not be distributed to class members. The court awarded class counsel $533,280 in fees and $8,826.95 in expenses, and awarded Elbert $5,000, all to be paid as provided in the settlement agreement.
The parties were directed to take the actions required by the settlement agreement. The court retained jurisdiction to resolve issues concerning the agreement's interpretation, administration, implementation, effectuation, and enforcement. Within 21 days after distributing settlement funds and paying attorneys' fees, the parties were directed to file a post-distribution accounting. The court dismissed the action with prejudice.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.