On November 17, 2005,  the Superior Court of New Jersey, Passaic County granted preliminary  approval of a class action settlement on behalf of approximately seven hundred consumers in New Jersey who brought claims for alleged recording fee overcharging against Berkshire Abstract and Title Agency, Inc. (Berkshire). The class action lawsuit alleged that Berkshire violated the New Jersey Consumer Fraud Act by collecting mortgage and deed recording fees at New Jersey real estate closings from consumers that were higher than allowed under New Jersey law. Berkshire denied the allegations, but was in agreement to resolve the case.

The class settlement establishes a procedure whereby class members can submit a claim form to have their real estate sales documents on file with Berkshire reviewed by a claims reviewer. Any class member who submits a completed claim form and who are found to have been overcharged will get 100% of the overcharge refunded. Refunds will range between approximately $10 and $150 for persons who submit a claim and are found to have been overcharged.

“As far as we are concerned, this agreement puts these issues to rest and fairly resolves the concerns of the class,” said Plaintiffs’ Attorney Stephen DeNittis. “By settling this case persons will have the ability to be made fully whole”. This settlement applies only to roughly 700 persons who attended a real estate closing with Berkshire during the class period.

Berkshire is not the first to settle such claims of alleged recording fee overcharging. In the past couple years, DeNittis Osefchen has obtained settlements for over 200,000 persons throughout New Jersey against numerous title companies including: Surety Title, Trident Land Title, Integrity Title, Landis Title, North American Title, Title Company of Jersey, Lafayette Title, Mega Title, LSI Title, Ridgeview Title, Infinity Title  and Victorian Title.

To obtain a copy of the class notice and/or claim form simply click below:

Amended Order Granting Preliminary Approval

Class Notice with Dates

Claim Form with Dates