LEGAL NOTICE

If you are a Missouri resident whose mortgage loan was negotiated or sold and whose foreclosure was conducted by Millsap & Singer, P.C. as Successor Trustee and took place after December 31, 2008, a class action lawsuit may affect your rights.

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CALL 1-877-283-7767

You may be affected by a class action lawsuit about whether Millsap & Singer, P.C. (“Millsap”) breached its fiduciary duty to Missouri residents whose mortgage loans were transferred on the secondary mortgage market and whose properties were foreclosed by Millsap after December 31, 2008.

The lawsuit is called David and Viola Stagner v. Wells Fargo Bank, N.A. as Trustee for Aegis Asset Backed Securities Trust Mortgage Pass Through Certificates, Series 2004-01, et al., Case No. 16RY-CV00249, and is in the Circuit Court of Ray County, Missouri.  The Court decided this lawsuit should be a class action on behalf of a “Class,” or group of people, that could include you.  This notice summarizes your rights and options before an upcoming trial.  More information is in a detailed notice available by request by calling the toll-free number below.  If you are included in the Class, you have to decide whether to stay in the Class and be bound by the results or ask to be excluded and keep your right to sue Millsap & Singer, P.C.  There is no money available now and no guarantee that there will be.

ARE YOU AFFECTED?

All Missouri residents whose mortgage loans were sold on the secondary mortgage market and whose properties were foreclosed by Millsap & Singer, P.C. after December 31, 2008 are Class members.

WHAT IS THIS CASE ABOUT?

Plaintiffs in this lawsuit claim that Millsap breached its fiduciary duty to class members, and violated the Missouri Merchandising Practices Act.

Millsap denies wrongdoing.  The Court has not decided whether Millsap or the Class is right.  The lawyers for the Class will have to prove their claims at a trial to be scheduled in the future.

 

WHO REPRESENTS YOU?

The Court approved the law firm of Gregory Leyh, P.C. to represent you as “Class Counsel.”  You do not have to pay Class Counsel, or anyone else, to participate.  Instead, if Class Counsel get money or benefits for the Class, they may ask the Court for attorneys’ fees and costs, which would be paid by Millsap or out of any money recovered, before giving the rest to the Class.  You may hire your own lawyer to appear in Court for you; if you do, you have to pay that lawyer. David and Viola Stagner are Class members like you, and the Court approved them as the “Class Representatives.”

WHAT ARE YOUR OPTIONS?

You have a choice of whether to stay in the Class or not, and you must decide this now.  If you stay in the Class, you will be legally bound by all orders and judgments of the Court, and you will not be able to sue, or continue to sue, Millsap – as part of any other lawsuit – for breach of fiduciary duty or violations of the Missouri Merchandising Practices Act.  If money or benefits are obtained, you will be notified about how to request a share.  To stay in the Class, you do not have to do anything now.

If you ask to be excluded from the Class, you cannot get any money or benefits from this lawsuit if any are awarded, but you will keep any rights to sue Millsap for these claims, now or in the future, and you will not be bound by any orders or judgments of the Court.  To ask to be excluded, send a letter to the address below, postmarked by December 15, 2017, that says you want to be excluded from Stagner v. Wells Fargo Bank, N.A., et al., Case No. 16RY-CV00249. Include your name, address, and telephone number.

HOW CAN YOU GET MORE INFORMATION?

If you have questions or want a detailed notice or other documents about this lawsuit and your rights, call 1-877-283-7767, or write to:  Millsap & Singer Class Action, Gregory Leyh, P.C., 104 NE 72 St., Suite A, Gladstone, Missouri 64118.

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