Introduction: Agreement to Terms
This is the official website for the Hernandez, et al. v. Wells Fargo Bank, N.A. Home Loan Modification Settlement administered by JND Legal Administration. This page states the Terms of Use under which you may access, browse, and use this website containing information about the class action settlement relating to the practice by Wells Fargo Bank of allegedly miscalculating and/or failing to properly evaluate candidates for eligibility for home loan modifications (the “Lawsuit,” the “Settlement”). Your access to, browsing of, or other use of this website creates a binding contract between you and the Settlement Administrator regarding your benefit from and use of this website. By using this website in any way, you acknowledge and represent that you have read, understand, comprehend, and agree to be bound by these Terms of Use and all applicable laws, statutes, rules and regulations. If you do not agree to these Terms of Use, you are not authorized to access, browse, or use this site.
Eligibility and Intended Use
This site is intended to be used by individuals located within the United States who may be class members of an Original Class or Supplemental Class (as defined in the settlement), and their legal agents and other interested parties, who may have been impacted by the Wells Fargo home loan modification error occurring between 2010 and 2018. The information and services offered through this site are directed specifically to the needs of the Original Class or Supplemental Class of borrowers as defined by the settlement. Use of this site for its intended purposes by any individuals or entities located outside of the United States or who do not qualify as members of the class as defined by the settlement are unauthorized. If you log into this site, you represent that you either qualify for class membership or are an authorized agent seeking access to information about members of a class.
Overview of Services and Content
This webpage offers comprehensive information about the Hernandez, et al. v. Wells Fargo Bank, N.A. class action settlement, covering class member eligibility, deadlines, legal rights, payment considerations, and settlement administration updates. It includes links to forms to file claims for severe emotional distress, resolved before a court-appointed special master. Customer service is available through telephone, email, and mail options to ensure accessibility and assistance for class members. All content is for informational purposes only and should not be considered legal advice.
User Obligations and Conduct
By using this site, you warrant that you will only use this site for lawful purposes and only in the manner permitted by these Terms of Use. You must not use the site or services on it or linked to it to knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the site, the server on which it is stored or any server, computer or database connected to the site. You must not use the site or services on it or linked to it to send, receive, download from, or upload to, any material that is advertising or promotional material in nature and is in breach of applicable laws or regulations or not authorized by the Proprietor. Any form of automated data gathering or similar system is not permitted to be used on the site. Attempting to destroy, tamper with or otherwise interfere with the proper working of the site is strictly prohibited. You are responsible for ensuring that any information provided by you to the Settlement Administrator is accurate, up-to-date and complete.
Intellectual Property
All materials on this site, including but not limited to text, graphics, logos, icons, images, audio clips, downloads, data compilations and software, are the property of JND Legal Administration, the Settlement Administrator, or their licensors and are protected by United States and international copyright, trademark and other intellectual property laws. The compilation of all content on this site is the exclusive property of JND Legal Administration. You may not copy, reproduce or redistribute, in part or in whole, any content on this site without express permission of JND Legal Administration. You are granted a limited, non-exclusive and non-transferable license to access and make use of the site and content thereon for personal, non-commercial purposes only with respect to the settlement. You may not copy, modify, distribute, transmit, republication, display or perform the content without the prior written consent of JND Legal Administration.
Privacy Policy and Data Protection
Your privacy is important to us. The personal information we collect through this website will be used in accordance with our Privacy Policy. Our Privacy Policy explains how your information is collected, used, stored and shared. The Privacy Policy is made a part of these Terms of Use by this reference. We use reasonable administrative, technical and physical safeguards to help protect your information from loss, theft, disclosure, misuse and alteration. But, no system can be fully secure, and thus, we cannot guarantee the security of any information you give us. By using this website you are granting us permission to use your information in the manner stated in our Privacy Policy.
Disclaimers and Limitation of Liability
The content and materials available on this website are provided solely for general information purposes, and they are not intended to provide legal, financial or professional advice. JND Legal Administration and any other party making this information and materials available make no claims of any kind with respect to the content of this website, its operation or availability. To the fullest extent permitted by applicable law, JND Legal Administration, its officers, employees, agents, affiliates and licensors make no express or implied representations or warranties concerning the content of this website (including any representation as to its accuracy, timeliness or completeness), its operation or its availability. To the fullest extent permitted by applicable law, JND Legal Administration disclaims any and all warranties concerning the content of this website (including any warranty concerning its accuracy, timeliness or completeness) (including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement or title). Under no circumstances shall JND Legal Administration be liable to you or to any third party for consequential, incidental, special, punitive or exemplary damages arising in any way out of your use of this website. This disclaimer also applies if a particular damage was foreseeable or if we have been advised of the possibility thereof.
Links to Third Parties
This website may include links to third-party websites and other resources which are provided solely as a convenience to you. JND Legal Administration does not control, endorse, or accept responsibility for, the content, privacy policies, or practices of any third-party websites. Use of any third-party website linked from this site is at your own risk. You should review any third-party website’s terms and policies before using them. Use of any third-party website referenced on this site denotes acceptance by you of this policy. The inclusion of any link shall not be considered endorsement by JND Legal Administration or its affiliates.
No Attorney-Client Relationship
The materials and information available in this website are for informational purposes only and not for the purpose of providing legal advice. You should not consider all of the information provided on this site to be formal legal advice and your use of this site and/or its transmission does not constitute the creation of an attorney-client relationship between the user and JND Legal Administration (the settlement class action plaintiffs) or any of the attorneys involved with the settlement. You should consult your own legal counsel for legal advice concerning your particular factual situation. The Settlement Administrator cannot provide you with individualized legal advice.
Changes to Terms
JND Legal Administration may at any time, in their sole discretion, and without prior notice, make any changes, updates, and/or modifications to these Terms of Use. Such changes will take effect immediately upon posting on this page. Your continued access or use of the website following the posting of such changes will be deemed as your acceptance to the changed Terms of Use. You should review this page from time to time so that you are aware of any such changes, updates and/or modifications. If you do not agree to these Terms of Use, you must discontinue your use of this website.
Termination of Access
JND Legal Administration reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the website at any time and for any reason without prior notice or liability. Grounds for such restriction, suspension or termination include, but in no way are limited to, breach of these Terms of Use, suspected fraudulent or abusive activity, or requests by law enforcement or other government agencies; and upon termination your right to use the website immediately ceases and you must destroy all copies of materials obtained from the website.
User Communication and Submissions
Any information, feedback or communication you submit to the Website – through a form, email, or otherwise – will be deemed to be non-confidential and to have been submitted on a non-proprietary basis. By submitting content, you are granting JND Legal Administration a non-exclusive, royalty free, perpetual, and worldwide license to use, reproduce, modify, publish, translate and distribute such content in connection with the administration of the settlement and other purposes. You agree not to submit communications that are unlawful, obscene, defamatory, harassing or otherwise objectionable.
Contact Information and Customer Support
Inquiries concerning these Terms of Use or for assistance regarding the settlement should be made to the Settlement Administrator by the methods set forth below:
- By telephone, at 1-877-545-0236
- By email, at [email protected]
- By mail to: Hernandez, et al. v. Wells Fargo Bank, N.A., c/o JND Legal Administration, P.O. Box 91350, Seattle, WA 98111
Class Counsel will make themselves available to any class member requiring timely and accurate information and assistance. You should include your name, telephone number and all other relevant information when requesting assistance.
Accessing Settlement Benefits
Class Members were automatically included in this settlement; there was nothing you had to do to be paid except if you wanted compensatory damages for extreme emotional distress, and/or to update your address with the Settlement Administrator. There are no fees or charges to receive Settlement funds. All objection/exclusion deadlines have passed. You should have received a check by mail to the address we were provided. If you have not yet received your settlement check, please contact the state unclaimed property division where you last lived, or go to the Settlement Administrator’s website to update your address.
Confidentiality and Storage of Class Member Information
JND Legal Administration is committed to the privacy and security of all class member information. Personal data gathered as part of the administration of the settlement is used only for settlement administration purposes. JND Legal Administration follows strict procedures to prevent unauthorized access, use, or disclosure of your information. We do not rent, sell, or otherwise disclose personal information regarding our clients or class members to unrelated third parties for their marketing purposes. Please refer to our Privacy Policy or call with questions about our data practices.
Prohibited Use
You shall not use the site or any content or material on the site for any unlawful purpose or to solicit the performance of any unlawful activity. Prohibited activities include, but are not limited to, using the site or any content contained in it to engage in, promote, or solicit the performance of fraudulent activity; impersonate any person or entity; attempt to gain unauthorized access to system or data; interfere with, damage, disrupt, or reverse-engineer the security, integrity, or performance of the site; or use automated means (including bots, spiders, crawlers, scrapers, and robots) to gather or harvest content from the site. Any breach of these restrictions and prohibitions may result in the termination or discontinuation of your access.
Indemnification
You shall indemnify, defend and hold harmless JND Legal Administration, its affiliates, officers, directors, employees, agents and licensors (collectively “Indemnitees”) from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising from or relating to your use of the website, your violation of these Terms of Use or your violation of any rights of another person or entity. The foregoing obligations will survive your use of the website and the termination of these Terms of Use.
Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed under the laws of the State of California without regard to its conflict of law provisions. By using this website you also agree that any dispute arising out of or related to the use of the site or these Terms of Use is subject to the exclusive jurisdiction of all courts sitting in San Francisco County, California, and you further consent to the personal jurisdiction of such courts.
Severability and Waiver
If any provision of these Terms of Use shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms and shall not otherwise affect the validity and enforceability of the remaining provisions. JND Legal Administration’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. No waiver of any term hereunder shall be deemed to be a further or continuing waiver of such term or any other term.
Entire Agreement
These Terms of Use, and the Privacy Policy and all other policies, notices and agreements concerning use of this website constitute the entire agreement between you and JND Legal Administration with respect to this web site. They supersede all prior or contemporaneous communications, representations or agreements between you and JND Legal Administration with respect to the subject matter hereof.
Modifications
JND Legal Administration reserves the right to change, suspend, or discontinue any aspect of the website or any content, feature or service provided on the site at any time, with or without notice. We shall not be liable to you or to any third party for any such change, suspension or discontinuance of the website or any portion thereof. Users are advised to check out the website regularly for the most current information available about the settlement.
Accessibility Statement
JND Legal Administration strives to provide a website that is accessible to everyone, regardless of technology or ability. We are working to apply the relevant accessibility standards to our website and to make usability improvements. The standards we are working to conform to are Web Content Accessibility Guidelines (WCAG) 2.1, Level AA; however, we strive to work toward conformance with Level AA. If you experience difficulty accessing any content on www.HomeLoanModificationSettlement.com or require assistance, please contact us at 1-877-545-0236 or [email protected].
Copyright Infringement
JND Legal Administration values other individuals’ intellectual property and expects the same from persons using this site. If you believe material or content on this site infringes your copyright, please submit a specific description of the infringing material, your contact information, and adequate proof of authorization to act on behalf of the rights holder. Upon receipt of proper notification of such infringement, we will investigate and act accordingly by removing the infringing link, image or content where appropriate within the time prescribed by law.
Communications and Notices
By accessing and/or using this website or by submitting your contact information, you consent to receive communication from JND Legal Administration regarding the settlement in which you have opted in, including information, notices and correspondence regarding the settlement. Communication may be delivered by mail, email and/or other electronic communication. You are required to maintain current contact information with the Settlement Administrator in order to continue to receive important notices.
Reporting Security Vulnerabilities
We take security issues very seriously and we appreciate your assistance in helping us to ensure that our website is not compromised. If you become aware of a potential security issue or if you believe that someone has obtained access to information on the website without authorization, please report such incidents immediately by e-mailing us information at [email protected]. We will investigate all such reported issues and remedy security threats so as to safeguard users and their information.
Children’s Privacy
This site is not directed to or intended for use by children under the age of 18. JND Legal Administration does not knowingly collect personal information from children under the age of 18. If we become aware that we have inadvertently collected personal information from a user under the age of 18, we will take steps to delete such information from our records. Parents or guardians who believe that their child has provided personal information on this site should contact us immediately.
No Assignment
You may not assign, transfer or sublicense any of your rights or obligations under these Terms of Use, in whole or in part, without the prior written consent of JND Legal Administration. Any purported assignment, transfer or sublicense in violation of this Section will be null and void. JND Legal Administration may assign its rights and obligations arising from use of the Service under this User Agreement at any time without notice.
Agreement that this is the Official Source
This website is the only official online source of information for, and authorized communications on, the Hernandez, et al. v. Wells Fargo Bank, N.A. Home Loan Modification Settlement. Class members are urged to rely exclusively on this site and its authorized communications rather than other websites or materials which may contain erroneous information or have been created for solicitation of information or for fraudulent purposes. If you are contacted by anyone not affiliated with this case, and asked to provide information or solicitations regarding this Settlement, please forward them to the Settlement Administrator.
Feedback and Suggestions
We welcome feedback, and the opportunity to continuously improve our web site and the administration of the settlement. Any suggestions, ideas, or comments submitted to JND Legal Administration will immediately be deemed non-proprietary and may be utilized in any manner without compensation or attribution, except as otherwise required by applicable law. In sending feedback and suggestions, you agree that we will have an unrestricted, irrevocable right to use same in any manner it sees fit.
Survival of Provisions
Certain provisions of these Terms of Use, including but not limited to Disclaimers, Limitations of Liability, Indemnification, Intellectual Property, and Governing Law, will survive any termination or expiration of your use of the website. These Terms of Use and such provisions will be deemed to apply to, protect and/or benefit JND Legal Administration and users notwithstanding the termination or expiration of a user’s access to the website.
Questions and Further Assistance
For any questions about these Terms of Use, or if you wish to obtain more information about the settlement or the settlement administration process, please contact the Settlement Administrator:
- Phone: 1-877-545-0236
- Email: [email protected]
- Mail: Hernandez, et al. v. Wells Fargo Bank, N.A., c/o JND Legal Administration, P.O. Box 91350, Seattle, WA 98111
We are here to help all class members and to make this process transparent and smooth.