Campbell v. Murray Title Agency, Lakeshore Title Agency

Atty. No. 41106

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, CHANCERY DIVISION

NORMAL CAMPBELL,

Plaintiff,

v.                                                                                                 )  No. 03 CH 08410

MURRAY TITLE AGENCY, LLC d/b/a                                      )  Judge Siebel

LAKESHORE TITLE AGENCY,

Defendant.

NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT

PLEASE READ THIS NOTICE CAREFULLY.

THIS IS NOT A NOTICE OF A LAWSUIT AGAINST YOU.

YOU MAY BENEFIT FROM READING THIS NOTICE.

WHAT THIS LAWSUIT IS ABOUT

Plaintiff filed this action in the Circuit Court of Cook County, Chancery Division against defendant Murray Title Agency, LLC d/b/a Lakeshore Title Agency. Your closing was conducted by Lakeshore Title Agency ("Lakeshore"). On behalf of a class, plaintiff alleged that the defendant charged plaintiff and the class members more than was necessary to record their mortgage and/or release documents and retained the overcharge. Plaintiff also alleged that defendant charged plaintiff and the class members more than was necessary to obtain courier services, and retained the overcharge. Plaintiff alleged that these practice violated the Illinois Consumer Fraud Act, 815 ILCS 505/2 et seq., constituted breach of contract, breach of fiduciary duty, and resulted in the unjust enrichment of the defendant. The Court dismissed all claims except plaintiff’s claim for unjust enrichment. Defendant does not admit to any wrongdoing, and denies that it is liable for the claims alleged.

Judge Siebel has granted preliminary approval of a settlement agreement, subject to a fairness hearing which will take place on April 6, 2005 at 2:00 p.m., in Room 2305 of the Richard J. Daley Center, Chicago, IL 60602.You are being sent this notice because you appear to be a member of the class as defined above. This notice explains the nature of the lawsuit and the terms of the settlement, and informs you of your legal rights and obligations.

NO ADMISSION OF LIABILITY BY DEFENDANT

By settling this lawsuit, the defendant is not admitting that it has done anything wrong. Defendant expressly denies that it did anything wrong.

THE PROPOSED SETTLEMENT

Plaintiff and defendant have agreed to the settlement described below. If you do not wish to be part of the settlement, you must opt-out. If you wish to receive monetary recovery under the settlement, you must return the claim form attached to this notice. If you return a claim form and the settlement is finally approved, you will be sent a check for your portion of the settlement.Settlement Fund. Defendant agrees to pay the sum of $200,000 to create a settlement fund. Plaintiff Normal Campbell will petition the Court for payment of an incentive award of $2,500 to be paid from the settlement fund prior to distribution. After deduction of attorney’s fees and costs, discussed below, the balance of the fund will be distributed to class members who timely submit a claim form. Defendant will determine the amount of the claimant’s actual overcharge and the claimant will receive payment from the fund in the amount of his or her overcharge. However, in the event that the total overcharges of the claimants exceed the balance of the fund, each claimant’s share will be reduced pro rata prior to distribution.

Additional Relief. Defendant will provide future credits in closing transactions in an amount not to exceed $200,000. Defendant will credit each "closing" where a recording or courier fee is charged a total of $15.00. In the event that more than one customer pays a recording fee in a transaction, such as the seller paying for the recording of a release of mortgage and a purchaser paying for the recording of a new mortgage, the $15.00 credit will be evenly split on a per customer basis. If at the end of four (4) years from the beginning of the credits, the entire $200,000 is not credited, defendant’s obligation under the Settlement Agreement will be satisfied. If the entire $200,000 is credited prior to the expiration of four (4) years, defendant’s obligation will be satisfied upon full payment of the $200,000 in credits.

Attorney's Fees. Class Counsel will petition the Court for an attorney’s fees and costs in an amount not to exceed 20% of the cash and credits provided for pursuant to the Settlement Agreement ($80,000). The attorney’s fees and costs will be paid from the Settlement Fund prior to distribution. Class Counsel will not request additional fees or costs from defendant or the class members and defendant will not oppose or cause to be opposed an request for approval of attorney’s fees and costs in an amount not to exceed 20% of the cash and credits provided for pursuant to the Settlement Agreement.

Costs. Defendant will pay for the costs associated with class notice and administration of the Settlement Agreement.

Release. Unless you exclude yourself from the Settlement, you will be part of the class. By staying in the class, all of the Court’s orders will apply to you, and you give the Defendant a "release." A release means you can’t sue or be part of any other lawsuit against Murray Title Agency, LLC, d/b/a Lakeshore Title Agency about the claims or issues in this lawsuit ever again.

CLASS COUNSEL'S OPINION OF THE VALUE OF THE SETTLEMENT

Plaintiff has alleged that the defendant retained overcharges collected for the recording of mortgages and releases in real estate transactions closed in the State of Illinois, and for courier fees associated with the transactions. Defendant has agreed to create a settlement fund which is approximately its net worth.

Because the size of the settlement fund and the size of the class, Class Counsel believes that claimants are likely to receive the full amount of overcharges which occurred in transaction, and that any deduction, if necessary will be minimal. Because the claimants are likely to receive a complete refund of their overcharges, counsel for the class believes that the settlement is in the best interest of the class members, and that the class members should accept this settlement.

CORRECT ADDRESS

If this notice was forwarded by the Postal Service, or if it was otherwise sent to you at an address which is not current, you should immediately send a letter to the address listed below stating your past and current addresses plus the case name (Campbell v. Murray Title Agency, LLC d/b/a Lakeshore Title Agency), and number (No. 03 CH 8410):

Class Claims Administrator

Gomberg, Sharfman, Gold & Ostler, P.C.

208 S. LaSalle St., Suite 1200

Chicago, IL 60604

If any of the persons to whom this notice is sent have died or are divorced, you should send a letter to the same address explaining who is entitled to this claim. Include any supporting documentation (such as a divorce decree) with this letter.

FAIRNESS HEARING

A hearing will be held on the fairness of the proposed settlement. At the hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement, including the amount of the award to plaintiffs’ counsel of costs and attorney’s fees. The hearing will take place on April 6, 2005 at 2:00 p.m. before Judge Siebel in Room 2305 of the Richard J. Daley Center, Chicago, IL 60602. YOU ARE NOT OBLIGATED TO ATTEND THIS HEARING UNLESS YOU PLAN TO OBJECT TO THE SETTLEMENT.

YOUR OPTIONS

1. If you wish to receive a portion of the settlement proceeds, you must complete and return the claim form attached to this notice. The claim form must be postmarked by February 24, 2005. If you submit a timely claim and the settlement is finally approved by the Court, you will receive a check in the amount of the overcharge of the recording or courier fees or both recording and courier fees in your real estate transaction. You will be represented by the attorneys for plaintiff without additional charge. Or, if you prefer, you may enter your own appearance or ask the Court to allow you to participate in the settlement through your own attorney. If you wish to participate on your own or through your own attorney, an appearance must be filed with the Court by February 24, 2005. If you participate through your own attorney, it will be at your expense.

2. You have the right to exclude yourself from both the class action and the settlement by filing a written request for exclusion with the Clerk of the Circuit Court of Cook County, Chancery Division, Richard J. Daley Center, Chicago, IL 60602. The request for exclusion must be received by the Clerk of the Court on or before February 24, 2005, and must refer to your name, address, and the name and number of the case. You must also serve copies of the request for exclusion on each of the attorneys for the plaintiff and for the defendant listed below by the same date.

Michelle R. Teggelaar (9911)

Edelman, Combs, Latturner & Goodwin, LLC

120 South LaSalle Street, Suite 1800

Chicago, IL 60603

(Counsel for Plaintiff and the Class)

John J. Lydon

Gomberg, Sharfman, Gold & Ostler, P.C.

208 S. LaSalle St., Suite 1200

Chicago, IL 60604

(Counsel for the Defendant)

3. If you object to the settlement, and wish to submit an objection rather than simply exclude yourself from the class action, you must submit your objection in writing to the Clerk of the Circuit Court of Cook County, Chancery Division, Richard J. Daley Center, Chicago, IL 60602. The objection must be received by the Clerk of the Court on or before February 24, 2005, and must refer to the name and number of the case. You must also serve copies of your objection on each of the attorneys for the plaintiffs and for the defendant listed above by the same date. Any objection must include your name and address, the name and number of the case, and a statement of the reasons why you believe that the Court should find that the proposed settlement is not in the best interests of the class. If you do file an objection and wish it to be considered, you must also appear at the hearing before Judge Siebel on April 6, 2005 at 2:00 p.m. YOU ARE NOT REQUIRED TO ATTEND THIS HEARING UNLESS YOU PLAN TO OBJECT TO THE SETTLEMENT. Please note that it is not sufficient to simply state that you object. You must state reasons why the settlement should not be approved.IMPORTANT: THE COURT REQUIRES THAT ANY REQUESTS FOR EXCLUSION OR OBJECTIONS BE RECEIVED BY THE CLERK BY FEBRUARY 24, 2005. IF YOU MAIL A REQUEST FOR EXCLUSION OR OBJECTION, YOU BEAR THE RISK OF THE REQUEST FOR EXCLUSION OR OBJECTION NOT BEING RECEIVED BY THE CLERK BY THE DEADLINE.

If you choose to exclude yourself from the class action and settlement you will not receive payment under this agreement.

If the settlement is not approved, the case will proceed as if no settlement had been attempted. There can be no assurance that if the settlement is not approved, the class will recover more than is provided in the settlement or, indeed, anything.

This description of the case is general and does not cover all of the issues and proceedings thus far. In order to see the complete file, including a copy of the settlement agreement, you should visit the office of the Clerk of the Circuit Court of Cook County, Chancery Division, Richard J. Daley Center, Chicago, IL 60602. The Clerk will make the files relating to this lawsuit available to you for inspection and copying at your own expense.

INQUIRIES

Any questions you or your attorney have concerning this notice should be directed to:

Edelman, Combs, Latturner & Goodwin, LLC (9911)

120 South LaSalle Street, Suite 1800

Chicago, IL 60603

312-739-4200

312-419-0379 (fax)

edcombs@aol.com

www.edcombs.com

Please include the case name and number, your name and your current return address on any letters, not just the envelopes.

DO NOT CONTACT THE JUDGE REGARDING THIS NOTICE

CLAIM FORM

IMPORTANT: THIS CLAIM FORM MUST BE POSTMARKED ON OR BEFORE

FEBRUARY 24, 2005, AND MAILED TO THE FOLLOWING ADDRESS:CLASS CLAIMS ADMINISTRATOR

GOMBERG, SHARFMAN, GOLD & OSTLER, P.C.

208 South LaSalle Street, Suite 1200

Chicago, IL 60604

Please LEGIBLY PRINT the following information:

NAME(S): ________________________________________

SOCIAL SECURITY NO.(S)________________________________________

CURRENT ADDRESS:

________________________________________

________________________________________

PROPERTY ADDRESS: ________________________________________

(If different from above)

________________________________________

________________________________________

PIN: ________________________________________

PLEASE WRITE LEGIBLY. IF WE CANNOT READ THE ABOVE INFORMATION, WE CANNOT PROCESS YOUR CLAIM

(YOUR SIGNATURE)

___________________________

(SIGNATURE OF CO-OWNER, if applicable)