Vincent J. Morris, et al. v. PHH Mortgage Corporation
d/b/a PHH Mortgage Services
A class action settlement may affect your rights if you paid Ocwen or PHH a fee to make a mortgage loan payment by telephone, through an interactive voice response telephone system, or through the internet between March 25, 2016 and August 17, 2022.
Important Dates:
Class Counsel’s Fee and Expense Application Deadline: |
April 12, 2023 |
Objection Deadline: |
April 26, 2023 |
Exclusion Deadline: |
April 26, 2023 |
Fairness Hearing: |
May 31, 2023 |
(U.S. Federal Building and Courthouse, 299 East Broward Boulevard,
Fort Lauderdale, Florida 33301 in Courtroom 310B)
NOTE: The Court has 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 Court’s Public Access to Court Electronic Records (PACER) system at https://www.pacer.gov. A valid picture identification is required to enter the courthouse. Members of the public may not enter with telephones or other electronic devices.
The Classes include:
The FDCPA Class:
(A) All borrowers on residential mortgage loans secured by mortgaged property in the United States whose mortgage loans were serviced but not owned by Ocwen and to which Ocwen acquired servicing rights when such loans were 30 days or more delinquent on their loan payment obligations, and who, at any time during the period from March 25, 2019 through and including August 17, 2022, paid a Convenience Fee to Ocwen that was not refunded or returned; PLUS (B) all borrowers on residential mortgage loans secured by mortgaged property in the United States whose mortgage loans were serviced but not owned by PHH and to which PHH acquired servicing rights when such loans were 30 days or more delinquent on their loan payment obligations, and who, at any time during the period from March 25, 2019 through and including August 17, 2022, paid a Convenience Fee to PHH that was not refunded or returned.
-and-
The Florida Class:
All borrowers on residential mortgage loans secured by mortgaged property in the State of Florida who, from March 25, 2016 to August 17, 2022, paid a Convenience Fee to either Ocwen or PHH that was not refunded or returned.
What are Settlement Class Members getting?
Monetary Relief. Defendants have agreed to create two separate settlement funds with an aggregate combined value of $2,771,068 (the “Settlement Funds”), which will be distributed to Settlement Class Members (after first deducting any fees or expenses that the Court awards the attorneys representing the Settlement Class (“Class Counsel”)). The Settlement Funds will be distributed on a loan-by-loan basis.
FDCPA Class Members will be entitled to an allocation from the FDCPA Settlement Fund. The FDCPA Settlement Fund has an aggregate value of $1,233,381, which is equal to the sum of 32% of the Convenience Fees paid to and retained by Ocwen from March 25, 2019 through and including August 17, 2022 for borrowers meeting subpart (A) of the definition of the FDCPA Class and 32% of the Convenience Fees paid to and retained by PHH from March 25, 2019 through and including August 17, 2022 for borrowers meeting subpart (B) of the definition of the FDCPA Class. Individual allocations will be calculated as explained in Section 6 of the Notice .
Florida Class Members will be entitled to an allocation from the Florida Settlement Fund. The Florida Settlement Fund has an aggregate value of $1,537,687, which is equal to 18% of the Convenience Fees that were paid to and retained by the PHH Defendants from Florida Class Members during the period from March 25, 2016 through and including August 17, 2022, but excluding Convenience Fees already subject to allocations from the FDCPA Settlement Fund. Individual allocations will be calculated as explained in Section 6 of the Notice. Notice .
Other Relief. Within 120 days after the Final Settlement Date, PHH has also agreed to reduce any Convenience Fee it charges for internet payments by Settlement Class Members from $7.50 to $6.50 for a period of two years and to keep all of its future Convenience Fee charges to Settlement Class Members at or below their current levels for a period of two years. PHH will also add additional disclosures to its website to increase borrower awareness of alternative payment methods that could have lower fees or no fees. Finally, PHH will provide training and scripting to customer service employees to provide additional information and disclosures about Convenience Fees and about alternative payment options that do not involve a fee. For full details see the full Settlement documents in the Court Documents page of this website..
How can I get a payment?
You do not need to take any action to share in the relief offered by the Settlement. If you have moved since March 25, 2016, you may notify the Settlement Administrator of your new mailing address by writing to: Morris v PHH, c/o RG/2 Claims Administration LLC, P.O. Box 59479, Philadelphia, PA 19102-9479.
What the Settlement Class is giving up?
In return for the relief that Defendants are providing, Settlement Class Members are deemed to have agreed to the following:
The Florida Class will release any claims that they may have against Ocwen or PHH or their associated persons and entities relating in any way to the payment of Convenience Fees to Ocwen or PHH on Florida Class Loans during the period from March 25, 2016 through and including August 17, 2022. “Florida Class Loans” means residential mortgage loans secured by mortgaged property in the State of Florida that qualify a Florida Class Member for membership in the Florida Class as defined above; and
The FDCPA Class will release any claims that they may have (a) against Ocwen for Convenience Fees charged on FDCPA Class Loans to FDCPA Class Members meeting Subpart (A) of the definition of the FDCPA Class during the period from March 25, 2019 through and including August 17, 2022 or (b) against PHH for Convenience Fees charged on FDCPA Class Loans to FDCPA Class Members meeting Subpart (B) of the definition of the FDCPA Class during the period from March 25, 2019 through and including August 17, 2022. “FDCPA Class Loans” means residential mortgage loans of FDCPA Class Members which qualify them for membership in the FDCPA Class as defined above.
What are my other options?
You can exclude yourself: If you do not want to be bound by the Settlement, you must exclude yourself by April 26, 2023. Part 11 of the Notice explains what you need to do to exclude yourself. If you do not exclude yourself, and the Settlement is given final approval by the Court, you will remain a member of the Settlement Class, you will receive your individual allocation of the applicable Settlement Fund(s), and you will be bound by the Settlement, including the release of claims against Ocwen and PHH.
You can object: You alternatively may object to the Settlement by April 26, 2023. Part 16 of the Notice explains what you need to do to object to the settlement. The Court will hold a hearing on May 31, 2023 beginning at 9:00 a.m. to consider whether to finally approve the Settlement, as well as any request for attorneys’ fees by class counsel (the “Fairness Hearing”). If you object, Part 20 of the Notice explains how you may ask the Court to speak at the Fairness Hearing. Persons who exclude themselves from the Settlement Class will not be bound cannot file an objection and cannot speak at the Fairness Hearing.
Opting out of the Settlement
To exclude yourself from the Settlement, you must mail a letter sufficiently in advance to be received by the "Settlement Administrator" Class-Settlement.com, no later than April 26, 2023, saying that you want to be excluded from the Settlement Class.
Your letter must be addressed to:
Morris v. PHH, c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
Your letter must:
contain a caption or title that identifies it as "Request for Exclusion in Morris v. PHH (case number 0:20-cv-60633-RS)";
include your name, mailing and e-mail addresses, and contact telephone number
c. specify that you want to be excluded from the Settlement Class and identify the Class Loan number(s) for which you seek exclusion from the Settlement; and
be personally signed by you.
Objecting to the Settlement
To object to the Settlement, you must file a written statement of objection with the Court no later than April 26, 2023.
Your written objection must:
include a caption or title that identifies it as "Objection to Class Settlement in Morris v. PHH (case number 0:20-cv-60633-RS)";
include your name, mailing and email addresses, contact telephone number, and your Class Loan number(s)
set forth the specific reason(s), if any, for each of your objections, including all legal support you wish to bring to the Court’s attention and all factual evidence you wish to introduce in support of your objection
disclose the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of your objection; and
be personally signed by you.
You may file your written statement of objection in person at, or you may mail it to:
Clerk of the Court
United States District Court for the Southern District of Florida
U.S. Federal Building and Courthouse
299 East Broward Boulevard #108
Fort Lauderdale, Florida 33301
However, if you are represented by your own attorney, your attorney must file your objection through the Court’s Case Management/Electronic Case Filing (CM/ECF) system.