"Opt-Out" information from the Van Forum:
No one who fails to opt-out ot fhe class action in Massechuets will be able to file a suit against
Fairbanks. Below is a form you can send to the class action claims administrator to request that you be excluded from the Curry Settlement.
Request for Exclusion from Class
U.S.V. Fairbanks Capital Corp, Case No 03-12219-DPW; and
Curry v. Fairbanks Capital Corp., Case No. 03-10895-DPW
To: Claims Administration Center
Gilardi & Co.., P.O. Box 80811
Petaluma, Ca 94975-8011
To Whom It May Concern:
Please note that I and the other borrowers named on my promissory note wish to be excluded from the settlement in the above captioned case.
Name:
Address:
Telephone:
Last 4 digits of SSN:
Fairbanks Loan #:
Borrower
Co-Borrower
Notes for Use of Exclusion Form
This form is designed to provide all of the information required by Section 7 of the Notice of Proposed Class Action Settlement you have received if you have been identified as a member of the class of persons whose mortgage was serviced by Fairbanks Capital.
You should only use this form if you do not want to be included in the settling class in the Fairbanks case. If you are not satisfied with the terms of the settlement as they apply to you, you should complete this form and send it to Gilardi & Co., PO Box 808011, Petaluma, CA 94975-8011. The form must be mailed by April 9. If you send this form in you will not receive anything from the Redress Fund or the Reverse or Reimburse Program but you will not be bound by the final order and judgment entered in the Fairbanks lawsuit and you will be free to pursue whatever legal rights you may have.
Important Facts to Remember:
1. Everyone who is on your Fairbanks account must sign the form
2. You will need to write in you Fairbanks loan number (you can probably find this number on a bill from Fairbanks or on correspondence form Fairbanks to you)
3. You should get a proof of mailing form from the Post Office when you mail the form.
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