Frequently Asked Questions

  1. What does the Notice explain?
  2. What is this lawsuit about?
  3. Why is this a class action?
  4. Why did this lawsuit settle?
  5. Am I a member of the Settlement Class?
  6. What if I’m still not sure if I’m included in the Settlement Class?
  7. Do I have a lawyer in this case?
  8. Who should I contact if I have questions?
  9. How will the lawyers and the Class Representatives be paid?
  10. What do I need to do now?
  11. What if I do nothing?
  12. What does the Settlement provide?
  13. How can I get a settlement payment?
  14. When will I receive a settlement payment?
  15. Will my settlement check expire?
  16. How do I get out of or exclude myself from the Settlement?
  17. What happens if I exclude myself from the Settlement Class?
  18. Can I file a lawsuit later making similar claims?
  19. What do I give up if I choose to stay in the Settlement Class?
  20. How can I object to the proposed Settlement?
  21. What is the difference between “objecting” and “excluding”?
  22. When and where will the Court decide whether to approve the Settlement?
  23. Do I have to come to the Final Approval Hearing?
  24. May I speak at the Final Approval Hearing?
  25. What do I have to do to speak at the Final Approval Hearing?
  26. How do I get more information about the Settlement?
  1. What does the Notice explain?

    A State Court authorized the Notice because you have a right to know about the proposed settlement of a class action lawsuit known as Manchester, et al. v. JPMorgan Chase Bank, N.A., Civil Case No. 19-1-0523-03 JPC (1st Cir. Ct. Haw.) (the “Action”), and about all of your options, before the Court decides whether to approve the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights. Because your rights may be affected by this Settlement, it is extremely important that you read the Notice carefully.


    The Court in charge of this case is the Circuit Court of the First Circuit, State of Hawaii. The people who sued are called the “Plaintiffs,” and JPMorgan Chase Bank, N.A. (“JPMC”) is the “Defendant.”


    The central terms of the Settlement are summarized below. The Settlement Agreement explains in greater detail the rights and obligations of the parties. If there is any conflict between the Notice and the Settlement Agreement, the Settlement Agreement governs.

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  2. What is this lawsuit about?

    In this lawsuit, Plaintiffs claim that third parties retained by JPMC violated Hawaii law by conducting non-judicial foreclosure auctions in a way that did not comply with certain requirements under state law and/or certain provisions of the mortgages on the properties.


    JPMC denies any and all allegations of wrongdoing and does not admit or concede any actual or potential fault, wrongdoing, or liability with respect to any facts or claims that have been or could have been alleged in this lawsuit or any similar action, and does not concede any defenses that have been or could have been asserted. JPMC denies that it violated the law and specifically denies that it did so through the acts of third parties as alleged in the Action or that any damages were incurred as a result. The proposed Settlement does not suggest that JPMC has or has not done anything wrong, or that Plaintiffs and the group of individuals that Plaintiffs seek to represent would or would not win their case if it were to go to trial.

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  3. Why is this a class action?

    In a class action, one or more people, called named plaintiffs or class representatives, sue on behalf of people who allegedly have similar claims. All of these people make up what is called a class or are called class members. One court resolves the issues for all of the class members, except for those who exclude themselves from the class or are otherwise not part of the class.

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  4. Why did this lawsuit settle?

    The Court has not decided whether Plaintiffs’ claims or JPMC’s defenses have any merit, and it will not do so if the proposed Settlement is approved. The Settlement will end all the claims against JPMC in the Action and avoid the uncertainties and costs of further litigation and any future trial.


    Plaintiffs and Class Counsel have agreed to a Settlement of this Action and think it is in the best interests of all members of the Settlement Class after considering, among other things: (1) the substantial benefits to Plaintiffs and the Settlement Class under the terms of the Settlement Agreement; (2) the risks, costs, and uncertainty of protracted litigation; and (3) the desirability of prompt resolution to provide relief to the Settlement Class.

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  5. Am I a member of the Settlement Class?

    With limited exceptions, the Settlement Class includes all persons who had a mortgage on property in Hawaii that was sold at a non-judicial foreclosure sale between June 2008 and May 2011, and for which the mortgage loan servicer at the time of foreclosure was JPMorgan Chase Bank, N.A., Chase Home Finance LLC, Chase Manhattan Mortgage Corporation, EMC Mortgage LLC or Washington Mutual Bank.


    If you received the Notice in the mail, Class Counsel and JPMC believe that you are a Settlement Class Member.


    The Settlement Class does not include persons who timely and validly request to be excluded, as described in the answers to Questions 16 and 17, below. The Settlement Class also does not include persons who have already released claims arising out of the acts alleged in the Action, certain persons involved in separate litigation against JPMC or the foreclosing mortgagee, persons whose claims against the foreclosing mortgagee are time-barred, all judges assigned to hear any aspect of this litigation, as well as their immediate family members and staff, and JPMC’s employees, directors and officers.

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  6. What if I’m still not sure if I’m included in the Settlement Class?

    If you do not understand whether or not you are a Class Member, you can contact Class Counsel as indicated below in the answer to Question 8.


    Please do not contact JPMC with questions about this lawsuit or the proposed Settlement.

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  7. Do I have a lawyer in this case?

    The Court has appointed the law firms of Bickerton Law Group LLLP, Perkin & Faria, and the Affinity Law Group to represent you and the other Settlement Class Members in this Action. They are called “Class Counsel.”


    You have the right to retain your own lawyer to represent you in this case, but you are not obligated to do so. If you do hire your own lawyer, you will have to pay his or her fees and expenses. You also have the right to represent yourself before the Court without a lawyer.

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  8. Who should I contact if I have questions?

    You may contact Class Counsel if you have any questions about this case and the proposed Settlement. They may be reached as follows:

    BICKERTON LAW GROUP LLLP
    James J. Bickerton
    bickerton@bsds.com
    Bridget G. Morgan-Bickerton
    morgan@bsds.com
    Topa Financial Center Fort Street Tower
    745 Fort St. #801
    Honolulu, HI 96813
    (808) 599-3811


    Please do not contact JPMC with questions about this case or the proposed Settlement.

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  9. How will the lawyers and the Class Representatives be paid?

    Class Counsel will ask the Court to approve an award of attorneys’ fees and costs that will not exceed 33.33% of the Settlement Fund, which is described below in the answer to Question 12. That payment will be the only compensation for all attorneys representing Plaintiffs and the Settlement Class.


    Class Counsel also will ask the Court to approve a service award of up to $10,000 each for Class Representatives Nancy L. Manchester, Willard J. Rapoza, Sr. and Patrick Chai, to be paid from the Settlement Fund to compensate them for their efforts on behalf of the Settlement Class.


    The Court may award less than these amounts.

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  10. What do I need to do now?

    FIRST, you must decide now whether you wish to remain in the Settlement Class or to exclude yourself from the Settlement Class. If you want to remain in the Settlement Class, you do not have to do anything. If you want to be excluded from the Settlement Class, you must notify KCC Class Action Services, LLC (the “Settlement Administrator”) in writing as described below in the answer to Question 16 no later than July 22, 2019.


    SECOND, if you remain in the Settlement Class, you may object to any part of the proposed Settlement by filing a written objection with the Court and mailing the objection to Class Counsel and Defense Counsel, as described below in the answer to Question 20. You must mail your objection so that it is postmarked on or before July 22, 2019.


    You do not have to appear before the Court for any objection to be considered, but if you wish to appear and speak at the Final Approval Hearing, you must first submit an objection and, in addition, file and serve a Notice of Intention to Appear at the Final Approval Hearing that is postmarked by July 22, 2019, as described below in the answer to Question 25.

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  11. What if I do nothing?

    If you do nothing, you will remain a member of the Settlement Class, you will be eligible to receive a payment under the Settlement, and you will be bound by the Settlement’s release.


    Unless you exclude yourself from the Settlement Class, if the Settlement is approved, all of the Court’s orders will apply to you and you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against JPMC with regard to the claims in this Action.


    The Parties and the Settlement Administrator will attempt to confirm your current mailing address and will attempt to mail your settlement payment if the Court approves the Settlement and the Settlement becomes final. However, by not submitting an accurate Address Verification Form, as described below in the answer to Question 13, you risk the Settlement Administrator not having the most up-to-date information for where to mail your settlement payment. You also risk having money withheld from your settlement payment if you do not provide the Settlement Administrator with your tax identification number. For more information, see the answer to Question 13 below.

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  12. What does the Settlement provide?

    The Settlement Agreement provides that, to resolve the case, JPMC will pay $12,500,000 (the “Settlement Fund”) to cover: (1) payments to Settlement Class Members; (2) an award of attorneys’ fees and costs to Class Counsel, as approved by the Court; (3) service awards to the three Class Representatives, as approved by the Court; (4) the costs of notice and administration of the Settlement; and (5) under certain circumstances, as described below, charitable contributions.


    The Settlement Administrator will mail a check to each Settlement Class Member whose current mailing address can be confirmed. Your share of the Settlement Fund will depend on the particular circumstances of the non-judicial foreclosure sale as to your property and certain factors relating to your potential claim, as determined and calculated by Class Counsel. Class Counsel expects that participating Settlement Class Members will receive an average payment of $34,000, with payments ranging from approximately $17,000 up to $65,000, after deducting costs for administering the Settlement and accounting for any service awards to the named Plaintiffs and any award of attorneys’ fees and costs to Class Counsel. You can obtain more information about the range of settlement payments by reviewing Plaintiff’s Motion for Preliminary Approval and the supporting Declaration, which are available through the Settlement Website, www.forcsettlement.com.


    If there are co-borrowers on the property at issue, the settlement payment will be made jointly payable to all named borrowers. However, if all co-borrowers on a property join in a single written request to the Settlement Administrator for separate checks, the payment being made for that property may be distributed in separate checks. The Settlement Administrator’s contact information is listed below in the answer to Question 16.


    Any distribution for a deceased Settlement Class Member shall be made payable to the estate, beneficiary, or heir of the deceased Settlement Class Member, provided that the Settlement Class Member’s estate, beneficiary, or heir informs the Settlement Administrator of the Settlement Class Member’s death and provides the Settlement Administrator with a death certificate and/or such other documentation as the Settlement Administrator may require at least ten (10) days before the date that settlement checks are mailed.


    Any money remaining in the Settlement Fund after making payments to Settlement Class Members (checks will be valid for 150 days from the date of issuance), paying out any attorneys’ fees and costs to Class Counsel that may be awarded by the Court, paying out any service awards to Plaintiffs that may be awarded by the Court, and paying for the costs of notice and administration of the Settlement, will be donated to one or more charitable organizations. The Parties have proposed the Legal Aid Society of Hawaii and Prosperity Now as the contingent cy pres beneficiaries, subject to Court approval.


    In return for the benefits of the Settlement, Settlement Class Members will release JPMC, the foreclosing mortgagee and other related parties from the claims discussed in the Settlement Agreement, and this Action will be dismissed with prejudice, among other terms. The Settlement Agreement, which includes the complete release and the definitions of Released Claims and Released Parties, is available here.

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  13. How can I get a settlement payment?

    If you can be located by the Settlement Administrator and are entitled to receive a settlement payment, that payment will be sent to you. If you are a member of the Settlement Class and you received the Notice at a valid mailing address (meaning it was not returned to the sender), an Address Verification Form is not required to receive a settlement payment. However, if you are a member of the Settlement Class and the Notice was not successfully delivered to you by mail, then you must submit an Address Verification Form in order to receive a settlement payment.


    In order to ensure receipt of your settlement payment, you must provide the Settlement Administrator with your IRS tax identification number (“TIN”) (typically your Social Security Number). For your convenience, we have included a space on the Address Verification Form where you can provide the Settlement Administrator with your TIN. You may also call the Settlement Administrator at 1-866-680-6141 to provide them with your TIN. If you do not provide the Settlement Administrator with your TIN, your settlement payment may be subject to backup withholding (typically 24%).


    An Address Verification Form has been included with each mailed copy of the Notice. If you have not received an Address Verification Form, you may obtain one on the Settlement Website, or by contacting Class Counsel or the Settlement Administrator. To be valid, the Address Verification Form must be completed fully and accurately and submitted timely. An Address Verification Form may be submitted by mail to the Settlement Administrator at the address listed in the answer to Question 16 below or via the Settlement Website. If you are submitting your form via the Settlement Website, it must be submitted no later than August 31, 2019. If you are mailing your form to the Settlement Administrator, it must be postmarked by August 31, 2019.


    The Parties make no representations about the tax implications of payment in connection with the Settlement. You should seek your own tax advice before acting in response to the Notice.

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  14. When will I receive a settlement payment?

    The Settlement Agreement provides that settlement payment checks will be sent to eligible Settlement Class Members within thirty (30) days after the Settlement becomes “Final.” The Court will hold a Final Approval Hearing on September 27, 2019 to decide whether to approve the Settlement. If the Court approves the Settlement, after that, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. If no appeals are timely filed, the Settlement will become Final five (5) business days after the time to appeal has expired. If any appeals are timely filed, the Settlement will become Final five (5) business days after all such appeals have been resolved in favor of approving the Settlement. Please be patient.

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  15. Will my settlement check expire?

    Yes. Settlement checks are valid only for 150 days from the date on the check. If you do not cash the check within the 150-day time period, you will be deemed to have forever waived and released your claim for payment. Please act promptly. You will still be bound by the Settlement even if you do not cash the check.

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  16. How do I get out of or exclude myself from the Settlement?

    If you want to exclude yourself from the Settlement Class, you must send the Settlement Administrator a written request to be excluded that includes the case name (Nancy L. Manchester, et al. v. JPMorgan Chase Bank, N.A.), your full name and address, the address of the foreclosed Hawaii property at issue, and a statement that indicates a desire to be excluded from the Settlement Class, such as “I hereby request that I be excluded from the proposed Settlement Class in the Action.” The request must be personally signed by you (the person requesting exclusion). Mass or class opt outs are void. Your exclusion request must be postmarked no later than July 22, 2019 and sent to:


    Nancy L. Manchester, et al. v. JPMorgan Chase Bank, N.A.
    KCC Class Action Services, LLC
    P.O. Box 404017
    Louisville, KY 40233-4017

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  17. What happens if I exclude myself from the Settlement Class?

    If you request exclusion from the Settlement Class, then:


    • You will not be eligible for benefits or payment under the proposed Settlement;
    • You will not be allowed to object to the terms of the proposed Settlement; and
    • You will not be bound by any subsequent rulings entered in this case if the proposed Settlement is finally approved.


    However, if your request for exclusion is late or deficient, you still will be a part of the Settlement Class, you will be bound by the Settlement and by all other orders and judgments in the Action, and you will not be able to participate in any other lawsuit or proceeding based upon or related to the claims or circumstances of this case.

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  18. Can I file a lawsuit later making similar claims?

    No. If you remain a member of the Settlement Class and the Settlement is finally approved, you will be enjoined and barred from initiating or continuing any lawsuit or other proceeding against JPMC which includes claims released in the Settlement.

    As part of this Settlement, the Court has preliminarily enjoined all Class Members and/or their representatives (unless they timely exclude themselves from the Settlement Class) from maintaining, commencing, prosecuting, or pursuing any Released Claim as class members or otherwise against JPMC or any of the other Released Parties.


    Upon final approval of the Settlement, Plaintiffs and JPMC will ask the Court to make this injunction permanent. All Settlement Class Members will be bound by this permanent injunction.

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  19. What do I give up if I choose to stay in the Settlement Class?

    If you stay in the Settlement Class, you will be releasing JPMC and the Released Parties from all of the claims described and identified in the Settlement Agreement, which is available through the Settlement Website and provides more detail regarding the Release, Released Parties, and Released Claims.


    If you have any questions about the release or what it means, you can contact Class Counsel, listed above in response to Question 8, for free, or you can, at your own expense, talk to your own lawyer.

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  20. How can I object to the proposed Settlement?

    If you choose to remain a Settlement Class Member, you have a right to object to any parts of the proposed Settlement. The Court will consider your views.

    To be considered by the Court, your written objection must include:


    (1) the case name and number: Nancy L. Manchester, et al. v. JPMorgan Chase Bank, N.A., Civil Case No. 19-1-0523-03 JPC;
    (2) your full name;
    (3) your address;
    (4) your telephone number;
    (5) if you are represented by counsel, the name, address, and telephone number of your counsel;
    (6) a written statement of the specific legal and factual bases for your objection(s);
    (7) a specific list of each instance in which you or your counsel has objected to a class action settlement in the past five years; and
    (8) a statement of whether you intend to appear and argue at the Final Approval Hearing, either with or without counsel.


    Your written objection must be personally signed by you. If you submit a written objection, the parties will have the right to take discovery from you, including via subpoenas duces tecum and depositions. Further, because any appeal by an objecting Settlement Class Member would delay payments under the Settlement, the Court may order that each Settlement Class Member that appeals must put up a cash bond, set by the Court, sufficient to reimburse Class Counsel’s appellate fees, Class Counsel’s expenses, and the lost interest to the Settlement Class caused by the delay.


    Your written objection must be filed with the Court by July 22, 2019 at:


    Manchester, et al. v. JPMorgan Chase Bank, N.A.
    Civil Case No. 19-1-0523-03 JPC
    Clerk of the Court
    First Circuit Court
    Ka’ahumanu Hale
    777 Punchbowl Street
    Honolulu, HI 96813


    You also must mail your written objection to Class Counsel and Defense Counsel, postmarked no later than July 22, 2019, at each of the following addresses:


    For Class Counsel:
    BICKERTON LAW GROUP LLLP
    James J. Bickerton
    Topa Financial Center
    Fort Street Tower
    745 Fort St. #801
    Honolulu, HI 96813


    For Defense Counsel:
    STROOCK & STROOCK & LAVAN LLP
    Julia B. Strickland
    2029 Century Park East
    Los Angeles, CA 90067-3086


    FARM BENEDICT SUGIHARA
    Thomas Benedict
    700 Bishop Street, Suite 1601
    Honolulu, HI 96813


    If you object, but the Court approves the Settlement over your objection, you are still eligible to be paid under the Settlement, subject to the terms and conditions discussed in the Notice and in the Settlement Agreement.

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  21. What is the difference between “objecting” and “excluding”?

    Objecting is simply a way of telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class.


    If you object to the Settlement, you still remain a Settlement Class Member, eligible to benefit from the Settlement. You also will be bound by the Settlement and by all other orders and judgments in the Action, and you will not be able to participate in any other lawsuit or proceeding based upon or relating to the claims or circumstances of this case.


    Excluding yourself or opting out is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself or opt out, you have no basis to object to the Settlement or appear at the Final Approval Hearing because it no longer affects you.

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  22. When and where will the Court decide whether to approve the Settlement?

    On September 27, 2019, at 9:00 a.m., the Court will hold a Final Approval Hearing at the First Circuit Court, Kauikeaouli Hale, 1111 Alakea Street, Honolulu, HI 96813, in Courtroom 5C, before Judge Crabtree.

    At the hearing, the Court will consider whether to grant final certification to the Settlement Class for settlement purposes; whether to approve the proposed Settlement as fair, adequate, and reasonable and in the best interests of the Settlement Class; whether to award attorneys’ fees and expenses to Class Counsel; whether to award the Class Representatives a service award and consider related settlement issues. We do not know whether the Court will make its decision on the day of the hearing or sometime later.

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  23. Do I have to come to the Final Approval Hearing?

    No. Class Counsel will answer questions the Court may have at the Final Approval Hearing. But you are welcome to come at your own expense. Please note that the Court has the right to change the date and/or time of the Final Approval Hearing without further notice. If you are planning to attend the hearing, you should confirm the date and time before going to the Court.

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  24. May I speak at the Final Approval Hearing?

    Yes, if you filed an objection, you may ask the Court for permission to speak at the hearing. To do so, you must first submit an objection that complies with the requirements stated in response to Question 20 above and also file a document called a “Notice of Intention to Appear,” as described below in the answer to Question 25.

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  25. What do I have to do to speak at the Final Approval Hearing?

    If you are a member of the Settlement Class, and you (or your attorney) want to speak at the Final Approval Hearing, you (or your attorney) must have submitted a written objection and must also file a Notice of Intention to Appear at the Final Approval Hearing. Your Notice of Intention to Appear at the Final Approval Hearing, along with any papers, exhibits, or other evidence you intend to present, must be filed with the Court at:


    Clerk of the Court

    First Circuit Court

    Ka’ahumanu Hale

    777 Punchbowl Street

    Honolulu, HI 96813


    Your Notice of Intention to Appear at the Final Approval Hearing, along with any papers, exhibits, or other evidence you intend to present, must also be served on Class Counsel and Defense Counsel (listed in response to Question 20 above) no later than July 22, 2019.

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  26. How do I get more information about the Settlement?

    The Notice is only a summary of the proposed Settlement. More details are in the Settlement Agreement, which is on file with the Clerk of the Court and is also available here. For a more detailed statement of the matters involved in this case, you may review the Complaint and the other papers and Court orders on file in the Clerk’s office at any time during normal business hours, Monday through Friday. Certain of these documents are also available here.

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