Frequently Asked Questions

You received this Notice because a Settlement has been reached in this Action.  According to Cardinal Financial’s available records you might be a member of the Settlement Class and may be eligible for the relief detailed below.

This Notice explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations. To obtain more information about the Settlement, including information about how you can see a copy of the Settlement Agreement (which defines certain capitalized terms used in this Notice), see Frequently Asked Question 20 below.

Plaintiffs Jonathan A. Galente and James D. Winfrey (the “Representative Plaintiffs”) filed a lawsuit against Cardinal Financial on behalf of themselves and all others similarly situated. The lawsuit alleges that Cardinal Financial charged fees that were improper under New Jersey’s Residential Mortgage Lending Act in connection with residential mortgage loans issued in New Jersey between January 10, 2017 and January 9, 2023.

Cardinal Financial denies each and every one of the allegations of unlawful conduct, any wrongdoing, and any liability whatsoever, and no court or other entity has made any judgment or other determination of any liability.  Cardinal Financial further denies that any Class Member is entitled to any relief and, other than for settlement purposes, and that this Action is appropriate for certification as a class action.  Cardinal Financial denies any wrongdoing and any liability whatsoever.

The issuance of this Notice is not an expression of the Court’s opinion on the merits or the lack of merits of the Representative Plaintiffs’ claims in the Action.

For information about how to learn about what has happened in the Action to date, please see Frequently Asked Question 20 below.

In a class-action lawsuit, one or more people called “Representative Plaintiff(s)” (in this Action, Jonathan A. Galente and James D. Winfrey) sue on behalf of other people who have similar claims.  For purposes of this proposed Settlement, one court will resolve the issues for all Class Members.  The company sued in this case, Cardinal Financial, is called the Defendant.

The Representative Plaintiffs have made claims against Cardinal Financial.  Cardinal Financial denies that it has done anything wrong or illegal and admits no liability.  The Court has not decided that the Representative Plaintiffs or Cardinal Financial should win this Action.  Instead, both sides agreed to a Settlement in order to limit further expense, inconvenience, and uncertainty.  That way, the Parties avoid the cost of a trial, and the Class Members will receive relief now rather than years from now, if at all.

The Court has decided that everyone who fits this description is a Class Member for purposes of the proposed Settlement: all persons who paid a fee labeled “Processing Fee” on a Closing Disclosure issued in connection with a residential mortgage loan originated by Cardinal Financial (using the Nationwide Mortgage Licensing System and Registry number 66247) relating to real property in New Jersey between January 10, 2017 and January 9, 2023.

If you are still not sure whether you are included, you can contact the Claims Administrator for free help about whether you are a Class Member. The email address of the Claims Administrator is [email protected] and the U.S. postal (mailing) address is Cardinal Financial Settlement, Claims Administrator, P.O. Box 301174 Los Angeles, CA 90030-1174, and the telephone number is 1-866-678-9553.

Cardinal Financial has agreed to provide the Class a Settlement Payment of a one-time cash payment to a Class Member in the amount of 55 percent of the fee labeled “Processing Fee” on the Closing Disclosure issued to that Class Member in connection with a Cardinal Financial residential mortgage loan relating to real property in New Jersey between January 10, 2017 and January 9, 2023.  To receive a Settlement Payment, you must timely complete and submit a valid Claim Form, which explains the eligibility and any documentation requirements for the different payment categories.

To qualify for a Settlement Payment, you must send in a Claim Form by the deadline.  A Claim Form is available by clicking HERE or on this website.  The Claim Form may be submitted electronically or by postal mail.  Read the instructions carefully, fill out the form, and postmark it by May 16, 2025 or submit it online on or before 11:59 p.m. (Eastern) on May 16, 2025.

If you received an email or mail notifying you of the Settlement, please provide the unique Claim ID and PIN code included in that email or postcard when completing your Claim Form.

As described in Frequently Asked Questions 17 and 18 below, the Court anticipates holding a hearing on August 1, 2025 to decide whether to approve the Settlement.  If the Court approves the Settlement, after that, there may be appeals.  It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year.  You can check on the progress of the case dedicated to the Settlement on this website.  
Please be patient.

You will have one hundred and eighty (180) days from the date of issuance to negotiate (i.e. cash) the check you receive for the Settlement Payment.

The Court has ordered that the law firms of Mortgage Justice, LLC and Marion & Allen, P.C. (“Class Counsel”) will represent the interests of all Class Members.  You will not be separately charged for these lawyers.  If you want to be represented by your own lawyer, you may hire one at your own expense.

Cardinal Financial has agreed to pay Class Counsel’s attorneys’ fees and costs up to $179,718.40, subject to approval by the Court.  You will not be required to pay any attorneys’ fees or costs for Class Counsel’s attorneys’ fees and costs.

The Representative Plaintiffs will request a service award (also known as an “incentive award”) of up to $1,000 per individual for their services as class representatives and their efforts in bringing the Action.  The Court will make the final decision as to the amount to be paid to the Representative Plaintiffs.  Cardinal Financial agrees to pay to the Representative Plaintiffs the incentive award approved by the Court up to $1,000 per individual.

If the Court approves the proposed Settlement, unless you exclude yourself from the Settlement, you will be releasing your claims against Cardinal Financial.  This generally means that you will not be able to file a lawsuit, continue prosecuting a lawsuit, or be part of any other lawsuit against Cardinal Financial regarding the allegations in the Action.  The Settlement Agreement, is available on the Case Documents tab and contains the full terms of the release.

You may exclude yourself from the Class and the Settlement.  If you want to be excluded, you must send a letter or postcard stating: (a) the name and case number of the Action “Galente, et al. v. Cardinal Financial Company, Limited Partnership et al., Case No. HUD-L-000082-23”; (b) your full name, address, and telephone number (email address optional); and (c) a statement that you do not wish to participate in the Settlement, postmarked no later than May 16, 2025 to the Claims Administrator at:

Cardinal Financial Settlement

Claims Administrator

P.O. Box 301174

Los Angeles, CA 90030-1174

If you timely request exclusion from the Class, you will be excluded from the Class, you will not be bound by the judgment entered in the Action, and you will not be precluded from prosecuting any timely, individual claim against Cardinal Financial based on the conduct complained of in the Action.

At the date, time, and location stated in Frequently Asked Question 18 below, the Court will hold a 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 costs.

If you wish to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, you must submit a written objection to the Claims Administrator at the address set forth below no later than (i.e., postmarked by) May 16, 2025.

Cardinal Financial Settlement

Claims Administrator

P.O. Box 301174

Los Angeles, CA 90030-1174

The written objections must state: (a) the name and case number of the Action “Galente, et al. v. Cardinal Financial Company, Limited Partnership et al., Case No. HUD-L-000082-23”; (b) the full name, address, and telephone number of the person objecting (email address optional); (c) the words “Notice of Objection” or “Formal Objection”; (d) in clear and concise terms, the objection and legal and factual arguments supporting the objection; and (e) facts showing that the person objecting is a Class Member.  The written objection must be signed and dated, and must include the following language immediately above the signature and date:

“I declare under penalty of perjury under the laws of the United States of America that the foregoing statements regarding class membership are true and correct to the best of my knowledge.”

You may, but need not, submit your objection through counsel of your choice.  If you do make your objection through an attorney, you will be responsible for your personal attorney’s fees and costs.

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

If you submit a written objection, you may appear at the Fairness Hearing, either in person or through personal counsel hired at your expense, to object to the Settlement Agreement.  You are not required, however, to appear.  If you, or your attorney, intend to make an appearance at the Fairness Hearing, you must include on your timely and valid written objection a statement substantially similar to “Notice of Intention to Appear.”

If you intend to appear at the Fairness Hearing through counsel, you must also identify the attorney(s) representing you who will appear at the Fairness Hearing and include the attorney(s) name, address, phone number, email address, and the state bar(s) to which counsel is admitted.  Also, if you intend to request the Court to allow you to call witnesses at the Fairness Hearing, such request must be made in your written objection, which must also contain a list of any such witnesses and a summary of each witness’s expected testimony.

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 part of the Settlement Class.  If you exclude yourself, you have no basis to object because the Settlement no longer affects 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 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 Settlement Class, as well as to consider the award of attorneys’ fees and costs to Class Counsel.

On August 1, 2025, it is anticipated a hearing will be held on the fairness of the proposed Settlement.  At the Fairness Hearing, the Court will be available to hear any objections and arguments concerning the proposed Settlement’s fairness.  The Fairness Hearing will take place before the Honorable Joseph A. Turula in Floor 2 of the W.J. Brennan Courthouse, located at 583 Newark Avenue, Jersey City, New Jersey 07306.  The Fairness Hearing may be postponed to a different date or time or location without notice.  Please check this website for any updates about the Settlement generally or the Fairness Hearing specifically.  If the date or time of the Fairness Hearing changes, an update to the Settlement website will be the only way you will be informed of the change.

At the Fairness Hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.

You may attend, but you do not have to.  As described above in Frequently Asked Question 15, you may speak at the Fairness Hearing only if (a) you have timely served and filed an objection and (b) you have timely and validly provided a Notice of Intent to Appear.

If you have requested exclusion from the Settlement, however, you may not speak at the Fairness Hearing.

To see a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, Class Counsel’s application for attorneys’ fees and costs, and the operative complaint filed in the Action, please go to the Case Documents tab.  Alternatively, you may contact the Claims Administrator at the email address: [email protected]; or the U.S. postal address (mailing): Cardinal Financial Settlement, Claims Administrator, P.O. Box 301174, Los Angeles, CA 90030-1174; or the telephone number: 1-866-678-9553.

This description of this Action is general and does not cover all of the issues and proceedings that have occurred.  In order to see the complete file, you should visit www.njcourts.gov in order to obtain the file for inspection and copying at your own expense.

It is your responsibility to inform the Claims Administrator of your updated information.  You may do so at the address below:

Cardinal Financial Settlement

Claims Administrator

P.O. Box 301174

Los Angeles, CA 90030-1174

If you consented to electronic transactions and activated your Octane account, your Cardinal Financial Closing Disclosure is accessible through Cardinal Financial's Octane portal at https://online.cardinalfinancial.com/#/p/signon.  However, if you are having difficulty accessing your Closing Disclosure via Octane, or do not otherwise have a copy of the form in your records, please contact the Claims Administrator at the email address: [email protected]; or the U.S. postal address (mailing): Cardinal Financial Settlement, Claims Administrator, P.O. Box 301174, Los Angeles, CA 90030-1174; or the telephone number: 1-866-678-9553.