Hernandez, et al. v. Wells Fargo Bank, N.A.
Home Loan Modification Settlement
Case No. 3:18-cv-07354-WHA

Welcome to the Website for the Wells Fargo Home Loan Modification Settlement

IF WELLS FARGO SENT YOU A LETTER STATING THAT IT MISTAKENLY DENIED YOU A LOAN MODIFICATION AND YOU LATER LOST YOUR HOME TO FORECLOSURE, YOU COULD GET A PAYMENT FROM A CLASS ACTION SETTLEMENT.

Important Updates:
Settlement checks were mailed to eligible Original Class Members on December 7, 2020. 

The Court has scheduled a Final Fairness Hearing for January 6, 2022 to determine whether the Settlement should be approved for Supplemental Class Members. This proceeding will be held by phone conference line and the public can use the following dial-in information to access the hearing:
Dial In: 1-888-684-8852
Access Code: 3707514
Note: The Court may be in session with other proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible. For more information, see: https://apps.cand.uscourts.gov/telhrg/

What is this lawsuit about?

The lawsuit alleges that between 2010 and 2018, Wells Fargo miscalculated attorneys’ fees that were included for purposes of determining whether a borrower qualified for a trial loan modification under the U.S. Department of Treasury’s Home Affordable Modification Program (HAMP). Specifically, fees that should have been compared for purposes of the relevant calculation were instead added – which resulted in the erroneous refusal to offer a trial loan modification or repayment plan. 

Wells Fargo publicly acknowledged the calculation error and sent letters and checks to affected borrowers. Plaintiffs filed this lawsuit to seek what they claim is full compensation for themselves and similarly situated borrowers. A prior settlement provided settlement payments to over 500 of the impacted borrowers, but over 700 borrowers were identified after the earlier settlement payments were approved.  This settlement is designed to provide the same level of compensation to the remaining impacted borrowers.

Wells Fargo denies Plaintiffs’ allegations. Wells Fargo denies that it breached a contract or that the erroneous calculations of trial payment plans caused foreclosures or any related damages.

Who is included?

You are a member of the Supplemental Settlement Class if the calculation error caused you to be denied a trial loan modification (even though you qualified for one) and you later lost your home in a foreclosure sale. You likely received a letter from Wells Fargo in 2021 regarding the error.

The Court’s description of the Supplemental Class is as follows:

All persons in the United States who between 2010 and 2018 (i) qualified for a home loan modification or repayment plan pursuant to the requirements of government-sponsored enterprises (such as Fannie Mae and Freddie Mac), the Federal Housing Administration (FHA), the U.S. Department of Treasury’s Home Affordable Modification Program (HAMP); (ii) were not offered a home loan modification or repayment plan by Wells Fargo due to excessive attorney’s fees being included in the loan modification decisioning process; (iii) whose home Wells Fargo sold in foreclosure; and (iv) were not part of the Hernandez I Settlement.

How do I participate?

If you were an Original Class Member, you did not need to do anything to receive your share of the settlement. Your money was mailed to you on December 2, 2020. If you did not receive a settlement check, please check with the state unclaimed property division of the state in which the borrower was last known to reside.

If you are a Supplemental Class Member. you did not need to do anything to receive your share of the settlement. Your money will be mailed to you automatically if the Court approves the settlement, unless you excluded yourself from the settlement. If your address changes, please let the Settlement Administrator know your new address. If you believe you suffered severe emotional distress, you could have applied for an additional payment from the $1.45 million fund set aside for this purpose. An attorney experienced in handling emotional distress claims has been appointed by the court as a special master to process these claims and determine which Class Members will get additional settlement payments and the amount of those payments.

 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

ACTION EXPLANATION
DO NOTHING Get a payment. Give up rights.
SUBMIT A CLAIM FORM
Original Class - Passed
Supplemental Class - Passed
Submit a Claim for an additional payment if you suffered severe emotional distress If you are a member of the Original Class, the deadline for submitting a Claim Form was July 2, 2020. 
If you are a member of the Supplemental Class, your deadline to submit a Claim Form was October 25, 2021.
OBJECT
Original Class - Passed
Supplemental Class - Passed
Write to the Court about why you don’t like the settlement. If you are a member of the Original Class, the deadline for submitting a written objection was July 2, 2020. 
If you are a member of the Supplemental Class, your deadline to submit a written objection was October 25, 2021.
EXCLUDE YOURSELF
Original Class - Passed
Supplemental Class - Passed
Get no payment. This is the only option that allows you to ever be a part of another lawsuit against Wells Fargo about the legal claims in this case. If you are a member of the Original Class, the deadline to exclude yourself was July 2, 2020.
If you are a member of the Supplemental Class, your deadline to submit an exclusion request was October 25, 2021.
GO TO A HEARING
Original Class - Passed
Supplemental Class - January 6, 2022
Ask to speak in Court about the fairness of the settlement. The Court held the initial Final Fairness Hearing on October 7, 2020. 
If you are a member of the Supplemental Class, you can ask to speak at the Final Fairness Hearing scheduled for January 6, 2022.

 

 
 

These rights and options — and the deadlines to exercise them — are explained in the notice.

The Court in charge of this case still has to decide whether to approve the settlement. Payments will be made if the Court approves the settlement and after appeals are resolved. Please be patient.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Hernandez, et al. v. Wells Fargo Bank, N.A.
c/o JND Legal Administration
P.O. Box 91350
Seattle, WA 98111