Fratianne v. TD Bank, N.A.
Duplissie v. TD Bank, N.A.

Fratianne v. td bank, n.a. – Docket No. bcd-cv-15-26
duplissie v. td bank, n.a. – docket no. bcd-cv-15-76
business and consumer court of the state of maine,
cumberland county

 

YOU MAY BE ELIGIBLE TO OBTAIN A CASH PAYMENT AS A MEMBER OF A CLASS ACTION IN MAINE STATE COURT. THE PROPOSED CLASS IS COMPRISED OF MAINE MORTGAGORS WHO, BETWEEN SEPTEMBER 28, 2011 AND OCTOBER 28, 2016, FULLY PAID OR SATISFIED THEIR RESIDENTIAL OR COMMERCIAL MAINE MORTGAGES SERVICED BY TD BANK, N.A. BUT NEVER RECEIVED, OR DID NOT TIMELY RECEIVE, THE RECORDED MORTGAGE RELEASE.  A CLASS ACTION SETTLEMENT HAS BEEN PROPOSED THAT IS SUBJECT TO COURT APPROVAL AND MAY AFFECT YOUR LEGAL RIGHTS.

You can obtain full notice of the class action and the proposed settlement and download a Proof of Claim Form in order to file a claim or by requesting this information from the Settlement Administrator by mail, e-mail, or phone as follows:

TD Mortgage Release
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
Email:  mortgagereleasesettlement@rg2claims.com
Toll Free Phone:  (866) 742-4955

YOU MUST TIMELY ACT TO PROTECT YOUR RIGHTS.  You may exclude yourself from the proposed class by filing a written request for exclusion by January 12, 2017.  You may object to the proposed settlement, Class Counsel’s request for Class Counsel Fees or the Class Representatives’ request for a Service Award by filing a written objection by April 21, 2017.  You may claim a settlement amount, if eligible, by submitting a Proof of Claim by January 12, 2017.  If you fail to timely act, then you will be bound by the proposed settlement (including the release of TD Bank, N.A.), if approved by the Court, but not eligible to receive any settlement amount.

A full explanation of these options and details for such filings are as follows:

You May:

Brief Explanation:

Due Date:

1.  File a Proof of Claim

This is the only way to receive any payment from the Settlement, if it is approved by the Court. If you file a Proof of Claim, then you will be bound by the Settlement Agreement (including the release of TD Bank), if the Settlement is approved.
See FAQ 7

You must submit the Proof of Claim and a completed IRS Form W-9 by mail to the Settlement Administrator postmarked no later than January 12, 2017. 

2.  Request to be Excluded from the Class

You may exclude yourself from the Class and keep your right, if any, to sue TD Bank for the claims asserted in the Actions at your own expense.  If you exclude yourself, then you will not receive any settlement payment and you  will not be bound by the terms of the Settlement Agreement, if approved by the Court.
See FAQ 16

You must submit a written request for exclusion by mail to the Settlement Administrator postmarked no later than January 12, 2017.

3. Object to the Settlement, Class Counsel’s Request for Class Counsel Fees or the Class Representatives’ Request for a Service Award

If you do not exclude yourself from the Class, then you may object to the Settlement or to Class Counsel’s or the Class Representatives’ requests for Class Counsel Fees or a Service Award, respectively.  You also may appear at the Settlement Hearing to present your objections.
See FAQ 18

Objections and requests to present arguments at the Settlement Hearing must be made in writing and filed with the Court and served on Class Counsel and TD Bank’s Counsel no later than April 21, 2017.

4. Do Nothing

If you are a Class Member and neither submit a Proof of Claim nor exclude yourself from the Class, then you will not receive any settlement payment and you will be bound by the Settlement Agreement (including the release of TD Bank), if the Settlement is approved.
See FAQ 23

Not applicable