Welcome to the settlement website for New Jersey Carpenters Health Fund v. NovaStar Mortgage, Inc., et al. (the “Action”).
The purpose of this website is to inform you of the Settlement of the Action and of the hearing to be held by the Court on September 20, 2017, in New York, NY to consider the fairness, reasonableness, and adequacy of the Settlement as well as Lead Counsel’s application for fees, costs, and expenses. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Settlement resolves claims by members of the Settlement Class, i.e., all persons or entities who, before May 21, 2008, purchased or otherwise acquired an interest in any Certificates issued in any of the following six (6) Offerings: NovaStar Mortgage Funding Trusts, NovaStar Home Equity Loan Series (“NMFT”) 2006-3, 2006-4, 2006-5, 2006-6, 2007-1, or 2007-2.
If you are a member of the Settlement Class, your legal rights are affected whether you act or do not act.
The Court will hold a Final Approval Hearing scheduled on September 20, 2017 at 2:30 p.m., in the United States federal district court courthouse for the Southern District of New York, located at 500 Pearl St., New York, NY.
The Emergency Motion to Stay has been denied by the three-judge panel. This website will be updated with further information regarding the Settlement Final Approval Hearing when it is available.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:|
|SUBMIT A PROOF OF CLAIM FORM||This is the only way to receive a payment. If you wish to obtain a payment as a member of the Class, you will need to file a proof of claim form (the “Proof of Claim Form”), which is included with the Notice, postmarked no later than September 6, 2017.|
|EXCLUDE YOURSELF||If you exclude yourself from the Class, you will receive no payment pursuant to this Settlement. You may be able to seek recovery against the Defendants or other Released Parties through other litigation. Exclusions must be received no later than August 16, 2017.|
|OBJECT TO THE SETTLEMENT||Write to the Court and explain why you do not like the Settlement, the proposed Plan of Allocation, or the request for attorneys’ fees and reimbursement of Litigation Expenses. You cannot object to the Settlement unless you are a member of the Class and do not validly exclude yourself. Objections must be received by the Court and counsel on or before August 30, 2017.|
|GO TO A HEARING||You may attend the hearing to speak in Court about the fairness of the Settlement, the proposed Plan of Allocation, or Lead Counsel’s request for attorneys’ fees and reimbursement of Litigation Expenses. You cannot object to the Settlement unless you are a member of the Class and do not validly exclude yourself. The Final Approval Hearing will take place on September 20, 2017 at 2:30 p.m.|
|DO NOTHING||Receive no payment, remain a Class Member, give up your rights to seek recovery against the Defendants and the other Released Parties through other litigation and be bound by the Judgment entered by the Court if it approves the Settlement, including the release of the Released Claims.|