L’italien v. Ocwen

The Class Action Counterclaim alleged that in foreclosure cases, Ocwen sought, through mortgage account statements, to collect from borrowers improper and illegitimate charges that violated the Florida Consumer Collection Practices Act (FCCPA) and the Florida Unfair and Deceptive Trade Practices Act (FDUPTA) and breached the mortgage contracts. These charges included: (a) service of process fees for unknown tenant(s) and/or a spouse; (b) attorneys’ fees for services not performed; and (c) a registration fee for properties located in West Palm Beach that was not owed to the city. Ocwen denied these allegations and claimed that each of these charges were justified. Ocwen also raised numerous affirmative defenses.

The Settlement provides for total class damages of $1,200,000. The statutory cap on damages for class action cases ($500,000 per violation) was an important consideration in settling the case and in allocating the Settlement funds among Class Members.

The Settlement funds are allocated as follows:

1. If you are a member of the Property Maintenance Class, you will receive payment in the amount of $250. There are 147 members in this class.
2. If you are a member of the Service of Process Class, you will receive payment in the amount of $65. There are 11,837 members in this class.
3. If you are a member of the Attorneys’ Fee Class, you will receive payment in the amount of $14.14. There are 27,855 members in this class.

You can be a member of one or all three of the classes and will receive payment accordingly.

Your Legal Rights and Options in This Lawsuit

Object by February 4, 2026	As a Settlement Class Member, you have the right to object to the Settlement or any portions thereof. You must object in writing, by February 4, 2026. Full details on how to object can be found in FAQ 8.
Do Nothing	By doing nothing you give up your right to sue the Defendant and you are bound the Settlement and any orders of the Court. By doing nothing you are also eligible to receive settlement benefits which will be allocated to class members as described in FAQ 4.