KIRKPATRICK, ET AL. V. WELLS FARGO BANK & HSBC BANK

Why did I receive the Notice?

The purpose of the Notice is to advise you that a Settlement Agreement has been reached in a class action lawsuit (the “Action”) against Wells Fargo Home Mortgage (“Wells Fargo”) and HSBC Bank USA (“HSBC”) (“Defendants”). The Notice was sent because the Parties’ records indicate that you may be a Class Member under the Settlement Agreement.

What is this lawsuit about?

In the Action, Plaintiff David Kirkpatrick alleges that the Defendants improperly sent Plaintiff and similarly situated consumers who were part of Wells Fargo’s COVID forbearance program letters relating to the movement of mortgage payments to the end of the loan term as part of the program.

Defendants deny the allegations and contend that neither Plaintiff nor any Class Members is entitled to any relief.

Both sides have agreed to settle the Action solely to avoid the burden, expense, risk, and uncertainty of continuing the Action.

Why is this lawsuit a class action?

Class action lawsuits allow a large number of people with a common claim to sue collectively while being represented by members of the group called the “Class Representatives.” In this case, the Class Representatives have brought the lawsuit on behalf of themselves and others with similar claims. Together, all of the individuals with similar claims (with the exception of those who request exclusion or “opt out” from the Class) are referred to as “Class Members.”

What are the reasons for the Settlement?

Plaintiffs and Class Counsel believe this Settlement provides a fair and reasonable resolution of the claims asserted in the lawsuit for the benefit of the Class.

The Court has not ruled in favor of either the Plaintiffs or Wells Fargo. Instead, both sides agreed to a Settlement that they believe is a fair, reasonable, and adequate compromise of their respective positions. The parties reached this Settlement after litigating the case for over three years, conducting formal and informal discovery, and with the assistance of an experienced neutral mediator.

By agreeing to the Settlement, the parties avoid the costs, delay, and uncertainty of further litigation, and Class Members receive the benefits described in the Notice and this website.

Wells Fargo denies any wrongdoing and the Settlement shall in no event be construed or deemed to be evidence or an admission or concession on the part of Wells Fargo with respect to any claim or of any fault, liability, wrongdoing, or damage.

Who is included in the Settlement Class?

The Settlement Class is defined as follows:

All (1) borrowers on Wells Fargo home mortgage accounts; (2) with a West Virginia mailing or property address as set forth in Wells Fargo’s system of record; (3) that participated in COVID forbearance; and (4) received a letter between March and December of 2020 discussing what would happen with missed COVID forbearance payments at the end of the loan period.

What benefits does the Settlement provide?

Cash Payments to Class Members

Wells Fargo will establish a Settlement Fund in the amount of $1,300,000.

Each Class Member may receive a share of the Settlement Fund, however, only one Settlement Payment will be made per account, and will be sent to the coborrowers listed on an account according to Wells Fargo’s records.

After reduction for Administrative Costs as well as any attorneys’ fees, costs, and an Incentive Award granted by the Court, the estimated disbursement to you is anticipated to be as much as $400 per account based on Wells Fargo’s records. Please understand that this is only an estimate and the final figure may vary. These sums may be taxable, and the responsibility for such tax consequences is further described in the Settlement Agreement. Counsel is not giving you any tax advice. You are encouraged to seek tax advice without delay from a tax professional.

Do I need to do anything to receive a payment?

To accept the Settlement Agreement, you do not need to do anything. If the Settlement Agreement is approved, you will be bound by all of its terms, and a check will be mailed to you and/or the first individual listed on the mortgage account based on Wells Fargo’s records. If you change your address, please inform the Settlement Administrator.

How can I update my address?

To ensure you receive your payment(s) promptly, you may update your address by sending an email to the administrator including your full name, previous address, and current address to info@KirkpatrickWVHomeMortgageSettlement.com or by mail to the below address.

How will this Settlement affect my rights?

If this Settlement is granted final approval by the Court and you do not “opt out” or request exclusion from the Settlement, then you will release certain claims against Wells Fargo as described in FAQ 18.

How do I exclude myself from the Settlement?

You may “opt out” and exclude yourself from the Settlement Agreement. If you opt out, you will not receive any payment, and you will not release any claims you may have against Defendants. If you opt out, you will be free to pursue whatever legal rights you may have by pursuing your own lawsuit against Defendants at your own risk and expense.

Your request for exclusion must include the following information:

1. Your name, address, and telephone number

2. A statement that “I do not want to be a member of the Class in David Kirkpatrick, et al. v. Wells Fargo & HSBC, Case. No. 5:24-cv-00169."

3. Your signature and date

Your Request for Exclusion must be specific to yourself. Attempts to exclude multiple individuals on different Mortgage accounts as part of a single Request for Exclusion are not allowed and shall be of no force or effect. However, in the event that two Class Members are co-borrowers on the same Mortgage account and one Class Member opts out of the Settlement, both Class Members will be treated as opt-outs and neither Class Member will be eligible to receive a Settlement payment.

If I do not request exclusion, can I sue Wells Fargo for the same claims later?

No. Unless you request exclusion from the Settlement, you will give up the right to sue Wells Fargo, individually or as part of a class action, for the Class Released Claims that this Settlement resolves as described in FAQ 18.

If I exclude myself, may I still receive compensation from the Settlement Fund?

No. If you exclude yourself from the Settlement, you will not be eligible to receive a payment from the Settlement Fund.

Do I have a lawyer in this case?

Yes. The Court has appointed attorneys at the law firms Bailey Glasser, LLP and Katz Kantor Stonestreet & Buckner, PLLC to represent you and the other Class Members as “Class Counsel.”

You will not be charged for contacting these lawyers. If you want to be represented by a different lawyer, you may hire one at your own expense.

How will the lawyers be paid for their services?

Class Counsel will request an award of Attorneys’ Fees and Expenses equal to one-third the total amount of the Settlement Fund plus reasonable litigation expenses. Class Counsel seeks a fee of $433,333.00 for their services to the Class and reimbursement of out-of-pocket expenses not to exceed $10,500.00. All Attorney’s Fees and Expenses awarded by the Court will be paid from the Settlement Fund.

Will the Class Representative receive a service award?

The Class Representative who brought this lawsuit, David Kirkpatrick, will request an Incentive Award of $15,000.00, to be paid from the Settlement Fund, for serving as Class Representative.

How do I inform the Court if I object to the Settlement?

Anyone who has not requested to be excluded from the Settlement Class may object to the Settlement. Your objection must (i) set forth your full name, current address, telephone number, and the name and case number of the lawsuit (David Kirkpatrick v. Wells Fargo & HSBC, Case No. 5:24-cv-00169); (ii) contain your personal and original signature, or the signature of your attorney; (iii) state that you object to the Settlement, in whole or in part; (iv) set forth the complete legal and factual bases for the objection; (v) provide copies of any documents that you wish to submit in support of your position; and (vi) state whether you intend on appearing at the Final Approval Hearing either pro se or through counsel and whether you plan on offering testimony at the Final Approval Hearing. Copies of the foregoing and all other papers in support of such objection(s) must be served upon the following and must be postmarked no later than December 22, 2025.

Court:

Administrator:

Class Counsel:

Defense Counsel:

What is the difference between objecting to the Settlement and requesting exclusion?

You can only object to the Settlement if you are a Class Member. Requesting exclusion from the Settlement is notifying the Court that you do not want to remain a Class Member. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

What claims are being released as part of the Settlement?

Upon Final Approval of the Settlement by the Court, each Class Member who does not request exclusion releases Wells Fargo from all claims asserted in the lawsuit and from any and all past and/or present claims, lawsuits, and complaints of any kind resulting from, arising from, or relating in any way to the forbearances that Wells Fargo provided to the Class Members.

This is a summary of the settlement release. You can find the full settlement release in the Settlement Agreement in the Important Documents tab.

When and where will the Court decide whether to grant final approval of the Settlement?

The U.S. District Court for the Southern District of West Virginia will hold a fairness hearing in this case on February 20, 2026 at 10:00 a.m., in the Courtroom of the Honorable Frank W. Volk, United States Courthouse, Robert C. Byrd United States Courthouse, 110 North Heber Street, Room 336, Beckley, WV 25801. The purpose of the hearing will be for the Court to determine whether the proposed Settlement Agreement is fair, reasonable, and adequate and in the best interest of the Class, and to rule on applications for compensation for Class Counsel and an Incentive Award for the Class Representative. Class Members do not need to attend the hearing to benefit from the Settlement Agreement. The hearing date and time may be changed without further notice. If you wish to attend the hearing, you should call the Settlement Administrator in advance to confirm the day and time.

How do I get more information?

The Notice is a summary of the proposed Settlement. More details regarding the terms of the Settlement can be found in the Settlement Agreement posted on this Settlement Website. Updates, including any modifications to the schedule or the Settlement Agreement, will be posted on this Settlement Website.

You may also contact the Claims Administrator by calling the toll-free number 877-768-7830 or by writing to: