Kautsman v. CMS,
U. S. District Court, Western District of Washington

This website pertains to the proposed settlement known as Nikolay Kautsman and Olga Kofanova., v. Carrington Mortgage Services, Carrington Home Solutions L.P., f/k/a White Van Real Estate Services, L.P., filed in the United States District Court for the Western District of Washington. This website provides information regarding the essential terms of the Settlement Agreement; appropriate means for obtaining additional information regarding the Settlement Agreement and the lawsuit; and appropriate information about the procedure for objecting to or excluding yourself from the Settlement, should you wish to do so.

THE DESCRIPTION OF THE LITIGATION

On November 1, 2016, Plaintiffs Nikolay Kautsman and Olga Kofanova filed a lawsuit individually and on behalf of others similarly situated. The Action is known as Nikolay Kautsman and Olga Kofanova., v. Carrington Mortgage Services, Carrington Home Solutions L.P., f/k/a White Van Real Estate Services, L.P., Case No. C16-1940-JCC. Nikolay Kautsman and Olga Kofanova are known as “Plaintiffs,” and CMS and Carrington Home Solutions, L.P., are known as “Defendants.” As amended over time, Plaintiffs’ Complaint alleges that Defendants violated state law when it entered and rekeyed their property prior to foreclosure. Plaintiffs also allege that Defendants wrongfully charged property owners fees for rekeying prior to foreclosure.

The Court has not entered judgment on the merits and has not determined whether there is any merit to the claims in the Action or that Defendants engaged in any wrongdoing. The Court still has to decide whether to grant its approval of the Settlement. If the Court grants final approval of the Settlement, and after any objections and appeals are resolved, the benefits provided under the Settlement will be distributed.

Plaintiffs and Defendants, and their respective counsel, have concluded that the Settlement is fair and in the best interests of the Settlement Class Members considering the risks and uncertainties to each side of continued litigation. Because this Settlement will affect your legal rights, the Court ordered that Notice be sent to Class Members. The Notice – available at the Documents Tab of this website– provides Class Members with a brief description of the Action, summarizes the terms of the Settlement, and informs Class Members of their legal rights.

The Court granted its Preliminary Approval of the Settlement Agreement on January 6, 2020.  The Court’s Order granting Preliminary Approval, the Settlement Agreement, the operative class action complaint, the Class Notice, and other documents are available on this website.