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In re JPMorgan Chase Mortgage Modification Litigation

Citations: 18 F. Supp. 3d 62; 2014 U.S. Dist. LEXIS 65718; 2014 WL 1818283Docket: No. 1:11-md-02290-RGS

Court: District Court, D. Massachusetts; May 7, 2014; Federal District Court

Narrative Opinion Summary

The case involves a consolidated class action settlement against JPMorgan Chase Bank, N.A., under Federal Rule of Civil Procedure 23. Plaintiffs sought final approval for a settlement agreement, which the court initially granted preliminary approval for, despite certain accounts being omitted from the class list. The court held a hearing and determined the settlement to be fair, reasonable, and adequate, noting the involvement of an independent mediator and experienced counsel. The court certified a Settlement Class of mortgage loan borrowers under specific criteria, excluding borrowers with pending bankruptcy actions and those linked to omitted accounts. The settlement was confirmed, with the court finding that notice requirements were met and overruling objections to the settlement. Class Members who do not opt out will release claims against Chase, including those related to alleged contractual breaches, while waiving rights under section 1542 of the California Civil Code. The court approved $9,500,000 in attorneys' fees and costs and $8,500 incentive awards for each Class Representative, finding these amounts reasonable. The Released Parties can use the agreement to defend against future claims based on res judicata. The court retains jurisdiction to enforce the settlement, with Class Counsel overseeing its implementation. The action is dismissed with prejudice, subject to appeal outcomes affecting the Final Approval Order.

Legal Issues Addressed

Attorneys' Fees and Incentive Awards

Application: The court approved $9,500,000 in attorneys' fees and costs, and $8,500 incentive awards for each Class Representative, finding them reasonable and not reducing the settlement amount.

Reasoning: The Court has approved $9,500,000 in attorneys' fees and costs to be paid to Class Counsel by Chase within 21 days of the Effective Date and $8,500 in incentive awards for each Class Representative, excluding specified individuals, to be paid under the same timeline after necessary documentation is received.

Class Action Certification under Federal Rule of Civil Procedure 23

Application: The court certified the Settlement Class under Rule 23(b)(2) and 23(b)(3) based on specific criteria related to mortgage loan borrowers, excluding certain accounts and individuals.

Reasoning: The Court certifies a 'Settlement Class' encompassing mortgage loan borrowers serviced by Chase who meet specific criteria: they must have participated in a Stated-Income Trial Period Plan (TPP) under HAMP or other programs, made required trial payments, not experienced a Completed Foreclosure after their TPP participation, and either have not received a permanent modification decision or were denied permanent modification during or after their TPP.

Notice Requirement Compliance

Application: The notice provided to the Settlement Class was deemed adequate and in compliance with legal requirements, overruling objections to the settlement's adequacy.

Reasoning: The Court confirms that notice to the Settlement Class was adequate and in compliance with legal requirements, overruling all objections to the settlement as lacking merit.

Release of Claims and Waiver of California Civil Code Section 1542

Application: Class Members who do not opt out release all claims related to Chase's alleged breaches, waiving rights under section 1542 of the California Civil Code.

Reasoning: Class Representatives and Class Members who do not opt out of the Settlement will release the Released Parties from all claims related to the Action, including those based on Chase's alleged contractual breaches and violations of various statutes concerning loan modifications.

Res Judicata and Future Claims

Application: The Released Parties can use the settlement and approval order as a defense against future claims, prohibiting Settlement Class Members from initiating claims.

Reasoning: The Released Parties can use the Agreement and this Final Approval Order in defense against any future claims based on principles of res judicata and related doctrines.

Settlement Approval Standards

Application: The court approved the settlement as fair, reasonable, and adequate, highlighting the good faith negotiations and representation by experienced counsel.

Reasoning: Following a hearing on May 7, 2014, the court determined that the settlement was fair, reasonable, and adequate. The court found that the agreement resulted from good faith negotiations with the involvement of an independent mediator and that all parties were represented by experienced counsel.