Lee v. OCWEN Loan Servicing LLC et al
FINAL JUDGMENT. The Court denies all pending motions as moot, and the Clerk of the Court is directed to close this case. Signed by Magistrate Judge Jonathan Goodman on 9/14/2015. (tr00) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 14‐CV‐60649‐GOODMAN
JENNIFER LEE, et al.,
on behalf of themselves and
all others similarly situated,
OCWEN LOAN SERVICING, LLC, et al.,
This action having settled pursuant to the Stipulation and Settlement Agreement
(the “Settlement Agreement”) and the Court having entered an Order Granting Final
Approval To Class Action Settlement (the “Final Order”) [ECF No. 184], IT IS HEREBY
ORDERED, ADJUDGED AND DECREED that:
This action, including all individual claims and class claims presented
herein, is hereby dismissed on the merits and with prejudice against the Named
Plaintiffs and all other Settlement Class Members, without fees (including attorneys’
fees) or costs to any party except as otherwise provided in the Final Order.
“Named Plaintiffs” means Jennifer Lee, Douglas A. Patrick, Gerald
Coulthurst, Lisa Chamberlin Engelhardt, Enrique Dominguez, Frances Erving, Johnnie
Erving, John Clarizia, and Shelia D. Heard.
“Settlement Class Members” are members of the “Settlement
Class,” which consists of the following:
All borrowers in the United States who, within the Settlement Class Period
(defined below), were charged by Ocwen under a hazard, flood, flood gap
or wind‐only LPI Policy for residential property, and who, within the
Settlement Class Period, either (a) paid to Ocwen the Net Premium for that
LPI Policy or (b) did not pay to and still owe Ocwen the Net Premium for
that LPI Policy. Excluded from the Settlement Class are: (a) individuals
who are or were during the Settlement Class Period officers or directors of
the Defendants in the Action or any of their respective Affiliates; (b) any
justice, judge, or magistrate judge of the United States or any State, their
spouses, and persons within the third degree of relationship to either of
them, or the spouses of such persons; (c) borrowers whose LPI Policy was
cancelled in its entirety such that any premiums charged and/or collected
were fully refunded to the borrower or to the borrower’s escrow account;
and, (d) all borrowers who file a timely and proper request to be excluded
from the Settlement Class.
The Settlement Class Period shall commence on January 1, 2008 and shall
continue through and including January 23, 2015.
“Ocwen” means Ocwen Loan Servicing, LLC and its Affiliates,
Litton Loan Servicing, LP and its Affiliates after October 31, 2011, and Homeward
Residential Holdings, Inc., and its Affiliates after April 30, 2013.
“Affiliate” of an entity means any person or entity which controls, is
controlled by, or is under common control with such entity.
“Assurant Defendants” means Assurant, Inc., American Security
Insurance Company (“ASIC”), Standard Guaranty Insurance Company (“SGIC”),
Voyager Indemnity Insurance Company (“VIIC”), and American Bankers Insurance
Company of Florida (“ABIC”).
“LPI Policy” means a lender‐placed residential hazard, flood, flood
gap, or wind‐only insurance policy and such insurance coverage placed pursuant to a
mortgage loan agreement, home equity loan agreement, or home equity line of credit
serviced by Ocwen to cover a borrower’s failure to maintain the required insurance
coverage on the residential property securing the loan.
“Net Premium” means the amount of premium charged to a
Settlement Class Member for an LPI Policy during the Settlement Class Period less any
refund paid or credited to the Settlement Class Member.
“Ocwen Acquired Companies” means Litton Loan Servicing, LP,
Homeward Residential Holdings, Inc., and their Affiliates.
Named Plaintiffs and all Settlement Class Members who did not timely
exclude themselves from the Settlement Class, and their respective family members,
heirs, guardians, administrators, executors, predecessors, successors, and assigns, have
released the Released Claims as against the Released Persons, and are, from this day
forward, hereby permanently barred and enjoined from directly or indirectly (i) filing,
commencing, prosecuting, intervening in, or participating in (as class members or
otherwise), any lawsuit in any jurisdiction for the Released Claims; or (ii) organizing
any Settlement Class Members into a separate class for purposes of pursuing as a
purported class action any lawsuit (including by seeking to amend a pending
complaint to include class allegations, or seeking class certification in a pending
action) based on or relating to the claims and causes of action, or the facts and
circumstances relating thereto, in this action and/or the Released Claims.
“Released Claims” means any and all claims, actions, causes of
action, suits, debts, sums of money, payments, obligations, reckonings, promises,
damages, penalties, attorney’s fees and costs, liens, judgments, and demands of any kind
whatsoever that each member of the Settlement Class may have until the close of the
Settlement Class Period or may have had in the past, whether in arbitration,
administrative, or judicial proceedings, whether as individual claims or as claims
asserted on a class basis, whether past or present, mature or not yet mature, known or
unknown, suspected or unsuspected, whether based on federal, state, or local law,
statute, ordinance, regulations, contract, common law, or any other source, that were or
could have been sought or alleged in the Litigation or that relate, concern, arise from, or
pertain in any way to the Released Persons’ conduct, policies, or practices concerning
Ocwen’s placement, or the Assurant Defendants’ issuance, of LPI Policies during the
Settlement Class Period, including but not limited to conduct, policies, or practices
concerning LPI Policies or to charges for Ocwen’s Placement of LPI Policies during the
Settlement Class Period. In agreeing to this Release, Named Plaintiffs explicitly
acknowledge that unknown losses or claims could possibly exist and that any present
losses may have been underestimated in amount or severity.
The Released Claims of both the Named Plaintiffs and the
Settlement Class Members shall include, but not be limited to, all claims related to
Ocwen’s insurance requirements; the relationship, whether contractual or otherwise,
between Ocwen and the Assurant Defendants regarding LPI, including, but not
limited to, the procuring, underwriting, placement, insurance tracking, or costs of LPI
Policies; the coverage amount, duration, issue date, alleged “backdating,” or alleged
excessiveness of any LPI Policies placed or charged by Ocwen; the payment or receipt
of commissions, expense reimbursements, alleged “kickbacks,” or any other
compensation under any LPI Policies placed or charged by Ocwen; any alleged
“tying” arrangement involving Ocwen and LPI; any alleged breach of fiduciary duty
by Ocwen concerning LPI Policies; any alleged tortious interference by the Assurant
Defendants with mortgage loans serviced by Ocwen; the disclosure or non‐disclosure
of any payment, expenses, fees, charges, or features pertaining to or under any LPI
Policies or coverage under such LPI Policies and charges for such coverage placed or
charged by Ocwen; the receipt or non‐disclosure of any benefit under any LPI Policies
or coverage under such LPI Policies and charges for such coverage placed or charged
by Ocwen; the content, manner, or accuracy of any communications regarding the
placement of any LPI Policies by Ocwen; and to the regulatory approval or
non‐approval of any LPI Policy, or the premium thereon, placed or charged by Ocwen.
“Released Persons” are, only with respect to Released Claims: (a)
Defendants and each of their respective divisions, parents, subsidiaries, predecessors
(except for any Ocwen Acquired Companies with respect to the period of time before
they were acquired by Ocwen), investors, parent companies, and Affiliates, whether
past or present, any direct or indirect subsidiary of any of Defendants and each of their
respective divisions, parents, subsidiaries, predecessors, investors, parent companies,
and Affiliates, whether past or present, and all of the officers, directors, employees,
agents, brokers, distributors, representatives, and attorneys of all such entities,
including but not limited to Ocwen, Assurant, ASIC, SGIC, ABIC, VIIC, Insureco
Agency & Insurance Services, Inc., American Bankers Insurance Group, Inc., and
Homeward Residential Holdings, Inc. and its Affiliates for LPI placements after April
30, 2013, Litton Loan Servicing LP and its Affiliates for LPI placements after October
31, 2011, and Altisource Portfolio Solutions S.A., Altisource Solutions, Inc., and their
Affiliates; (b) any other insurance carriers that issued or may have issued LPI for
Ocwen insuring real property owned by any Settlement Class Member; and (c) any
trustee of a mortgage securitization trust which included loans made to any
Settlement Class Member, including, but not limited to, any direct or indirect
subsidiary of any of them, and all of the officers, directors, employees, agents, brokers,
distributors, representatives, and attorneys of all such entities.
Notwithstanding the dismissal of this entire action, the Court shall retain
jurisdiction over the construction, interpretation, consummation, implementation, and
enforcement of the Settlement Agreement, including jurisdiction to enter such further
orders as may be necessary or appropriate.
Settlement Class Members shall promptly dismiss with prejudice all
claims, actions, or proceedings that have been brought by any Settlement Class Member
in any jurisdiction and that have been released pursuant to the Settlement Agreement
and Final Order and enjoined pursuant to this judgment.
DONE and ORDERED, in Chambers, in Miami, Florida, September 14, 2015.
Copies furnished to:
All counsel of record
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