If you owned a qualifying New York home between July 12, 2010 and November 27, 2015, you could receive between $180 and $780 from a class action settlement.

Case Background

There is a proposed Settlement of the class action lawsuit known as Denise Jaffe and Daniel Adler, in their capacity as co-executors of Milton Adler's estate, on behalf of themselves and all others similarly situated, v. Bank of America, N.A., pending in the United States District Court for the for the Southern District of New York, Civil Action File No. 13-cv-4866 (VB), and Dereck Whittenburg and Jacqueline Whittenburg, on behalf of themselves and all others similarly situated, v. Bank of America, N.A., pending in the United States District Court for the for the Southern District of New York, Civil Action File No. 14-cv-0947 (VB).

A proposed class action Settlement has been reached in a lawsuit that claims Bank of America, N.A. failed to present a satisfaction of mortgage on certain New York real estate within the time required by New York law. The Defendant denies it violated any laws, and the Court has not determined who is right. The parties have agreed to settle the lawsuit to avoid the uncertainties and expenses of ongoing litigation.

The purpose of this website is to inform you of the Class Action, the Proposed Settlement and to alert you that the Court will hold a hearing to consider that settlement on July 20, 2016 at 2:30 PM at the United States District Court, Southern District of New York, The Hon. Charles L. Brieant Jr. Federal Building and United States Courthouse, Courtroom 620, 300 Quarropas St.,White Plains, NY 10601-4150.

YOUR LEGAL RIGHTS AND OPTIONS IN CONNECTION WITH THIS LAWSUIT
ASK TO BE EXCLUDED BY JUNE 30, 2015 Receive no payment. Get out of this lawsuit. Keep rights. You may exclude yourself from the Class and keep your right, if any, to sue Bank of America for the claims asserted in the Actions at your own expense. If you exclude yourself, you will not receive any settlement payment but will not be bound by the terms of the Settlement Agreement, if approved by the Court. See FAQ 16 for more details.
COMMENT OR OBJECT BY JUNE 30, 2016 Write the Court about why you like or do not like the Settlement. If you do not exclude yourself from the Class, 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 must remain a member of the lawsuit (i.e., you cannot ask to be excluded) in order to object to the Settlement. See FAQ 18 for more details.
SUBMIT A PROOF OF CLAIM BY JULY 18, 2016 Receive cash payment. Submit a valid Claim Form in order to receive a payment from the Settlement, if it is approved. See FAQ 7 for more details.
DO NOTHING Get no cash payment. Give up rights. If you are a Class Member and neither submit a Proof of Claim nor exclude yourself from the Class, you will not receive any settlement payment and you will be bound by the Settlement Agreement (including the release of Defendant), if the Settlement is approved. See FAQ 23for more details.

These rights and options—and the deadlines to exercise them—are explained in this website.

The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made if the Court approves the Settlement and after appeals, if any, are resolved. This can take time, so please be patient.

If you would like further information about the claims asserted in this case, you can review a copy of the Settlement Agreement here.


NOTICE: This website provides a summary of the Settlement and is provided for informational purposes only. In the event of any discrepancy between the text of this website and the original text upon which it is based, the text of the original document shall prevail.


Questions? Contact the Settlement Administrator at info@NYLienSettlement.com

Important Dates

  • June 30, 2016
    Deadline to request exclusion (“opt-out”) from the Settlement
  • June 30, 2016
    Deadline to object to the Settlement
  • July 18, 2016
    Original Claim Filing Deadline
  • July 20, 2016
    Final Approval Hearing
  • October 13, 2016
    Supplemental Claim Filing Deadline