Frequently Asked Questions

The You received this Notice because a Class Action Settlement has been reached in the Lawsuit and because 1st Mariner’s records show that you are a potential member of the Settlement Class described below. This Notice is intended to generally describe the nature of the Lawsuit, the general terms of the proposed Settlement, and your legal rights and obligations.

The Court in charge of the Lawsuit is the United States District Court for the District of Maryland, and the Lawsuit is known as Bezek, et al. v. First Mariner Bank, Civil Action No: 1:17-cv-02902-SAG.

The Plaintiffs in the Lawsuit allege that 1st Mariner and Genuine Title participated in the alleged referral scheme in which borrowers were referred to Genuine Title, which the Plaintiff contends violated certain federal laws and negatively impacted those borrowers who were referred by 1st Mariner to Genuine Title. The Plaintiffs also contend that 1st Mariner should be held responsible for the alleged referral scheme.

1st Mariner disputes the allegations in the Lawsuit and denies that it is or may be liable for the alleged referral scheme. 1st Mariner has agreed to the Settlement solely to avoid the further expense and inconvenience of further proceedings in the Lawsuit and did so without any admission of wrongdoing or liability. The Court has not made any judgment or other determination of the liability of 1st Mariner in the Lawsuit.

In a class action lawsuit, one or more people called Plaintiffs sue on behalf of others who may have similar claims. For a case to proceed as a class action, a court must certify a class. That is what has happened in this case.

The Court has decided that everyone who fits this description is a Settlement Class Member: All individuals in the United States who were borrowers on a mortgage loan obtained from Defendant Bank for which Genuine Title, Inc., provided a settlement service, as identified in Section 1100 on the borrower’s HUD-1 or as appearing in the loan processing records of Genuine Title, between January 1, 2009 and December 31, 2014 and whose HUD-1 reflects the payment of title, abstract, search and/or examination services exceeding the 80th percentile costs in their state according to the then-applicable Wells Fargo Chart. Exempted from this class is any person who, during the period of January 1, 2009 through December 31, 2014, was an employee, officer, member and/or agent of First Mariner Bank, or Genuine Title, Inc.; any judicial officer who handles this case, and the immediate family members of such judicial officer(s); and/or any persons who submit a complete and valid Request for Exclusion by the Exclusion Deadline.

If the Updated Notice was addressed to you, then certain loan records indicate that you are likely a member of the Class.

The Settlement provides that 1st Mariner will fund a Common Fund of $550,000. The Common Fund will be administered by a Court-appointed Settlement Administrator.

The Settlement provides for the following Settlement Benefits: Each of [the] Settlement Class Members shall receive by check an amount equal to three times the difference between the charges for title abstract, search, and/or examination services as reflected on their HUD-1 and the number reflected in the then-applicable Wells Fargo Chart for their state.

The Settlement Benefits described above will be funded by 1st Mariner through a fund (the “Common Fund”) administered by a Court-appointed Settlement Administrator.

The payment of Settlement Benefits is based upon the Settlement receiving final approval, and such approval being upheld on appeal (if any are filed). Any amount remaining in the Settlement Fund after the payment of benefits will be paid to Habitat for Humanity International, Inc., or another charitable organization to be approved by the Court.

The Settlement Class is represented by Class Representatives, who are the Plaintiffs in the Lawsuit. The appointed Settlement Class Representatives are Jill Bezek and Michelle Harris.

The Court has also appointed the Plaintiffs’ Counsel to serve as Class Counsel for the Settlement Class. Class Counsel for the Settlement Class are: Michael Paul Smith of the law firm, Smith, Gildea & Schmidt, LLC, and Timothy F. Maloney and Veronica B. Nannis of the law firm, Joseph, Greenwald & Laake, P.A.

If you desire, you may also appear by your own attorney at your own expense. You may also seek to intervene individually and may advise the Court if at any time you consider that you are not being fairly and adequately represented by Plaintiffs and Class Counsel.

The Class Representatives will request a Service Award of up to $1,500 per loan for their services and efforts in bringing the Lawsuit. The Court will make the final decision as to any amount to be paid to each of the Class Representatives at or after the Final Fairness Hearing. These payments will be paid in addition to, not out of, the Settlement Benefits available to the Class Members.

Class Counsel will ask the Court to give final approval of the Settlement at the Final Fairness Hearing and will also ask the Court for an award of attorneys’ fees and expenses. The Court will make the final decision as to any sum up to that amount to be paid to Class Counsel at or after the Final Fairness Hearing. This payment will be paid in addition to, and not out of, the Settlement Benefits available to the Settlement Class Members.

If you are a Settlement Class member and do not timely exclude yourself from the Class Action Settlement, you (and your co-borrower(s), if any) will be paid the Settlement Benefit described in Section 5 above by the Settlement Administrator from the Settlement Fund approximately ten (10) days after the Class Action Settlement obtains final approval and the approval of the Class Action Settlement is upheld on appeal (if any appeals are filed.)

If the Settlement receives final approval, the Court will enter a Final Order and Judgment dismissing the Action “with prejudice” (i.e., meaning that it cannot be filed again)

Upon the entry of the Final Order and Judgment, the Settlement provides that the Class Representatives, for themselves and all Settlement Class Members who do not timely exclude themselves from the Settlement and all of their respective heirs, executors, personal representatives, successors, and assigns (together “the Releasors”), shall by virtue of this Settlement and its Final Approval be deemed to have released, remised, resolved, waived, acquitted, and forever discharged 1st Mariner, its predecessors, successors, assigns, parents, subsidiaries, affiliates, and all of their respective past and present agents, directors, officers, employees, shareholders, insurers, representatives, and attorneys (together “the Releasees”) of and from any and all the Released Claims (as defined below).

The term “Released Claims” means any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses, and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of the Final Approval Order, that any of the Releasors have, had, and/or may have against any of the Releasees that in any way concern and/or relate to: (a) the matters alleged and claims asserted in the Litigation and/or claims that could have been alleged therein based on the facts alleged in the complaints filed in the Litigation; (b) Genuine Title’s closing of and/or provision of settlement and/or title services on the Defendant loans that are the subject of the Settlement; (c) the referral of business to Genuine Title by Defendant in exchange for money; (d) any benefit(s), payment(s), and/or thing(s) of value received by Defendant and/or any of its employees, agents, owners, and/or brokers from Genuine Title and/or any of its related or affiliated entities; and (e) any benefit(s), payment(s), and/or thing(s) of value received by Genuine Title from Defendant and/or any of its owners, employees, agents, and/or brokers.

The Released Claims also release, waive, and relinquish, to the fullest extent permitted by law, the rights, protections, and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction, whether federal or state. Section 1542 of the California Civil Code provides that:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

As part of the Settlement, the Class Representatives for themselves and the Settlement Class members understand and acknowledge the significance of these waivers of California Civil Code Section 1542 and similar federal and state statutes, case law, rules, or regulations relating to limitations on releases. In connection with such waivers and relinquishment, the Class Representatives and the Settlement Class Members acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts that they now know or believe to be true with respect to the subject matter of the Settlement, but that it is their intention to release fully, finally and forever, all Released Claims with respect to the Releasees, and in furtherance of such intention, the releases of the Released Claims will be and remain in effect notwithstanding the discovery or existence of any such additional or different facts.

If you exclude yourself from the Settlement Class, you will retain the right to bring a claim against Genuine Title and 1st Mariner relating to the Released Claims, but you would not have representation provided for you through this lawsuit, and you would be responsible for hiring your own attorney, at your own expense.

Any member of the Settlement Class shall have the right to opt-out or exclude themselves from the Settlement Class by sending a written Request for Exclusion from the Settlement Class to the Settlement Administrator at the following address:

Settlement Administrator
1st Mariner – Genuine Title Class Action Settlement
The Casey Group, Ltd
PO Box 201
Lightfoot, VA 23090-0201

Requests for exclusion must be mailed the Settlement Administrator in a post-marked envelope no later than the Exclusion Deadline of October 13, 2025, and must be personally signed by the person requesting exclusion from the Settlement Class and any co-borrower(s) on their 1st Mariner loan. Requests for Exclusion must also include the requestor’s full name and current address, the full name and current address of any co-borrower(s) on their 1st Mariner loan, the address of the property which secured their 1st Mariner loan, and an affirmation, under penalty of perjury, that the requestor seeking to be excluded from the Settlement Class and their co-borrower(s), if any, wish to opt-out of the Settlement Class and understand that, in doing so, they will not be entitled to any Settlement Benefits under the Settlement.

If you submit a timely and valid Request for Exclusion from the Class, you will not be a part of the Settlement, will not be eligible to receive Settlement Benefits, will not be bound by the Final Order and Judgment entered in the Lawsuit, and will not be precluded from suing on the Released Claims at your own cost.

At the date, time, and location stated below, the Court will hold a Final Fairness Hearing to determine if the Settlement is fair, reasonable, and adequate, and to also consider Class Counsel’s request for an award of attorneys’ fees and expenses, and a service award to the Class Representative.

If you have not submitted a timely and valid Request for Exclusion and wish to object to the Settlement, you must file with or mail to the U.S. District Court for the District of Maryland, Northern Division, 101 West Lombard St, Baltimore, MD 21201, and also mail to Class Counsel, Michael Paul Smith, Smith, Gildea & Schmidt, LLC, 600 Washington Avenue, Suite 200, Towson, MD 21204, and to 1st Mariner’s Counsel Michael E. Blumenfeld, Esq., Nelson Mullins Riley & Scarborough LLP, 100 S. Charles Street, Suite 1600, Baltimore, MD 21201, a written objection (“Objection”) by the Objection Deadline of October 13, 2025 that complies with the following requirements. All Objections must be signed by the person(s) making the objection, or a legal guardian authorized to act on their behalf and must set forth in detail each component of the Settlement to which they object, the reasons for each such objection, and any legal authority or evidence that they wish the Court to consider in support thereof. Objections must also include the objector’s full name and current address, the full name and current address of any co-borrower(s) on their 1st Mariner loan, the address of the property which secured their 1st Mariner loan, and a statement of whether the objector or any attorney hired by the objector intends to appear at the Final Fairness Hearing, at which time their objections will be considered, if not previously withdrawn.

You may, but need not, submit your written objection through an attorney of your choice. If you do make your objection through an attorney, you will be responsible for your own attorneys’ fees and costs. Objections filed by attorneys registered for e-filing with this Court on behalf of Settlement Class Members must be filed through the Court’s electronic court filing (“ECF”) system. An objection filed with the Court via ECF may redact the objector’s telephone number or email address, so long as the unredacted version is mailed to Class Counsel, and counsel for 1st Mariner.

IF YOU DO NOT TIMELY AND PROPERLY MAKE YOUR OBJECTION, YOU WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS TO THE SETTLEMENT AND WILL NOT BE ENTITLED TO SPEAK AT THE FINAL FAIRNESS HEARING.

You are not required to appear at the Final Fairness Hearing. But, if you file and mail a timely objection that complies with this paragraph, you may appear at the Final Fairness Hearing, either in person or through an attorney of your own choice hired at your expense, to object to the fairness, reasonableness, or adequacy of the Settlement, or to the award of attorneys’ fees, expenses, and costs or to the service awards to the Plaintiffs.

If you and/or your attorney intend to appear at the Final Fairness Hearing, you must state in your written objection that you and/or your attorney intend to appear and speak at the Final Fairness Hearing.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be a part of the Settlement Class. If you timely exclude yourself, you have no basis to object because the Settlement will no longer affect you.

The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement. The purpose of the Final Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Class; to consider the award of attorneys’ fees and expenses to Class Counsel; and to consider the request for a service award to the Class Representatives.

The Final Fairness Hearing will take place at 1:00 on November 20, 2025, in Courtroom 7C of the United States Courthouse, 101 West Lombard Street, Baltimore, Maryland. The hearing may be postponed to a different date, time, or location as may be reflected on the online docket for the Lawsuit accessible through PACER. Please check the Settlement Administrator’s website at genuinetitlefirstmarinerclassaction.com for updates about the Settlement generally or the Final Fairness Hearing specifically.

At that hearing, the Court will be available to consider objections concerning the fairness of the Settlement. You may attend, but you do not have to. As described above in Section 12 of this Notice, you may speak at the Final Fairness Hearing only if (a) you have timely filed your written objection with the Court and timely mailed your written objection to Class Counsel and Counsel for 1st Mariner and (b) you followed the procedures set forth above for notifying the Court and the parties that you intend to speak at the Final Fairness Hearing. If you have requested exclusion from the Settlement, however, you may not speak at the Final Fairness Hearing.

To see a copy of the Settlement Agreement (which defines capitalized terms used in this notice and provides a brief summary of what has happened in the Lawsuit), the Court’s preliminary approval order, Class Counsel’s application for attorneys’ fees and costs, the operative complaint filed in the Lawsuit, and other filings regarding the Settlement, please visit the Documents section of this website. Alternatively, you may contact the Settlement Administrator at (410) 885-4038.

The above description of the Lawsuit is general and does not cover all of the issues and proceedings that have occurred in the Lawsuit. In order to see the complete file for the Lawsuit, you may access it online through the PACER system at http://pacer.psc.uscourts.gov/. You may also contact Class Counsel by calling (410) 821-6705.

On October 2, 2020, the Court issued an Order that the Lawsuit may proceed as a class action and certified the criteria for membership in the class. The Court revised and amended the criteria for membership in the class on December 13, 2023.

If you received a NOTICE OF CLASS ACTION AND YOUR REMOVAL FROM THE CLASS, the Court has ruled that you are no longer a member of the class. You will not participate in any recovery obtained in this action, nor will you be bound by any rulings in this case.

Although the Court has ruled that you are no longer a member of the Class, it did not find in favor of First Mariner with respect to your mortgage loan transaction. You may have a valid claim that First Mariner violated RESPA with respect to your mortgage loan transaction, and you may be entitled to monetary damages for such violation.

If you wish to pursue claims against First Mariner Bank or its successors for violations of RESPA in connection with your First Mariner mortgage loan transaction, you must file a lawsuit within one year of receiving this Notice. If you do not file a lawsuit within that time, you may be forever barred from seeking damages from First Mariner or its successors for any RESPA violation associated with your First Mariner mortgage loan transaction.

Any questions you have regarding this Notice should not be directed to the Court, but, instead, to the following court-appointed Class Counsel:

Michael Paul Smith, Esq. (Email: mpsmith@sgs-law.com)
Melissa L. English, Esq. (Email: menglish@sgs-law.com)
Smith, Gildea & Schmidt, LLC
600 Washington Avenue, Suite 200, Towson, MD 21204
telephone: (410) 821-0070

Timothy F. Maloney, Esq. (Email: tmaloney@jgllaw.com)
Veronica B. Nannis, Esq. (Email: vnannis@jgllaw.com)
Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400, Greenbelt, MD 20770
telephone: (301)220-2200

You may also seek the advice and guidance of your own attorney if you desire and at your own expense.