Case Information
Baxter v. AmeriHome Mortgage Company LLC et al.
The United States District Court For The District Of Maryland
Case No. 1:22-CV-01098-ADC
About This Case
Tonda Baxter ("Baxter") sued AmeriHome and Cenlar alleging that they violated certain state laws when they imposed and collected convenience fees for accepting mortgage payments by telephone or by the Internet. The Court has allowed the lawsuit to proceed as a class action, for purposes of settlement only, on behalf of the "Class."
The "Cenlar Class" includes all individuals in Maryland who since April 4, 2019 (i) paid a "convenience fee," (ii) collected in whole or in part by Cenlar, (iii) in order to make a payment on a residential mortgage debt, and (iv) where the term "convenience fee" was not specifically enumerated in the original agreement (or written amendments thereto) creating such debt.
The "AmeriHome Class" includes all individuals in Maryland who since October 1, 2018 (i) paid a "convenience fee," (ii) collected in whole or in part by Cenlar as sub-servicer for AmeriHome, (iii) in order to make a payment on a residential mortgage debt, and (iv) where the term "convenience fee" was not specifically enumerated in the original agreement (or written amendments thereto) creating such debt.
The Court has not made a determination of liability or damages in the suit, and Defendants AmeriHome and Cenlar have denied liability and vigorously defended against the Plaintiff’s allegations. So as to avoid the risks, uncertainties, and costs of continued litigation, however, the Plaintiff and Cenlar and AmeriHome have agreed to a settlement that provides that they will pay $85,961.20 that will be divided among all class members with the result that approximately 66% of the convenience fees collected during the relevant timeframes will be paid to each class member. AmeriHome and Cenlar will also pay for all costs of administration and pay attorneys’ fees in an amount not to exceed $82,500.00 and subject to court approval.
Your legal rights are affected whether you act or do not act. Read this website carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
|---|---|
Do Nothing | You may do nothing and remain a member of the Class. If you do nothing, you will receive the benefits of the Settlement and release any claims you have regarding the Convenience Fees at issue. |
Exclude Yourself or "Opt Out" of the Settlement | You may exclude yourself from the Class by sending a letter to the Settlement Administrator, to Class Counsel, and to Defendants’ Counsel no later than November 7, 2023. If you exclude yourself, you cannot get a Settlement payment, but you keep any rights you may have to sue the Defendants over the legal issues in the lawsuit. Full instructions and addresses are contained at [Settlement Website]. |
Objection | You may object to the terms of the proposed Settlement by filing your written objection with the Court no later than November 13, 2023. You must also send copies of your objection to the Settlement Administrator and to Class Counsel and to Defendants’ Counsel. Full instructions about how to object to the Settlement are available at [Settlement Website]. |
These rights and options - and the deadlines to exercise them - are explained on this website. The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made to Settlement Class Members if the Court approves the Settlement and after any appeals are resolved. Please be patient.
Important Dates