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January 6, 2014: NHLP Receives Cy Pres from Mortgage Servicing Litigation

NHLP was the recent recipient of a cy pres distribution arising from settlement of the class action Carducci v. Wachovia Bank, Wells Fargo & Co., et al., which was litigated in the US District Court for the Northern District of California. The plaintiffs, represented by The Arns Firm of San Francisco, brought suit against Wells Fargo and the former Wachovia Bank because certain mortgage holders were charged late fees for timely payments made on the last day of their “grace period” due dates. Federal law requires that home mortgage payments be credited on the date they are made. The settlement for the class of mortgage holders from throughout the country included refunding of all late payment fees with interest. NHLP will use the cy pres award funds to support its existing work on behalf of homeowners affected by lending improprieties and foreclosures.

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