He asserted that the amount of fees was calculated based on Nationstar's statements, but he could not specify the nature of the fees. Marchese v. JPMorgan Chase Bank, N.A., 917 F. Supp. 16-0117, 2017 WL 4347826, at *15 (D. Md. 12 U.S.C. at 300. Id. Mr. Robinson's counsel is experienced in complex civil litigation and class action litigation. Florida Appeals Court Reverses Mortgage Foreclosure - Pike & Lustig, LLP See 12 C.F.R. The one-time consulting fee was paid in August 2013 to PaCE, a forensic loan auditor, to advise the Robinsons on how to communicate with Nationstar and to handle their loan. The Borrower Payment Amount shall be used: (1) for payments to borrowers who submit claims and are in either or both of the Service Transfer and Property Preservation Populations set forth below; and (2) for reasonable costs and expenses of the Settlement Administrator, including taxes and fees for tax counsel. Motor Freight System, Inc. v. Rodriguez, 431 U.S. 395, 403 (1977))). Marais v. Chase Home Fin., LLC, 24 F. Supp. 2002) (affirming without addressing the propriety of the striking of the expert testimony). For example, Nationstar's own internal procedures reveal that when a loss mitigation application is received, a processor reviews it to determine if all required information and documents have been received, and enters one code, specifically "code HMPC" in LSAMS signifying "Financial Application Complete," and a different code, specifically "code HMPA," signifying "Financial Application Incomplete." Md. Robinson v. Nationstar Mortg. LLC | 2015 WL 4994491 | D. Md. | Judgment 1024.41(c)(1)(i) and (d), because the Robinsons made no showing that the Rule 23 requirements were met. A servicer that fails to comply with Regulation X is liable for "any actual damages to the borrower as a result of the failure" to comply. As for typicality, the named plaintiff must be "typical" of the class, such that that the class representative's claim and defenses are "typical of the claims or defenses of the class" in that prosecution of the claim will "simultaneously tend to advance the interests of the absent class members." Where the results of such an analysis would apply to any individual claim, it would be highly inefficient and wasteful to require duplicative analysis in each such case. Summ. Md. 2d 1360, 1366 (S.D. Code Ann., Com. Robinson v. Nationstar Mortgage, LLC 1:2021cv00452 | US District Court for the Northern District of Ohio | Justia Log In Sign Up Find a Lawyer Ask a Lawyer Research the Law Law Schools Laws & Regs Newsletters Marketing Solutions Justia Dockets & Filings Sixth Circuit Ohio Northern District Robinson v. Nationstar Mortgage, LLC Robinson v. Sept. 29, 2017); Billings v. Seterus, Inc., 170 F. Supp. See Torres v. Mercer Canyons Inc., 835 F.3d 1125, 1137 (9th Cir. Nationstar asserts that Oliver's testimony should be stricken because this fee arrangement includes an unethical contingency fee. Code Ann., Com. . The Robinsons appealed the Magistrate Judge's ruling because it did not require Nationstar to run a structural script for a third database. 20-cv, -2202, 2021 WL 4462909, at *1 (S.D. 2005))). This is not the first time Nationstar has been the subject of federal and state investigations. The economic challenges and burdens that homeowners currently face are similar to the ones experienced following the Great Recession. Date: September 9, 2019, Civil Action No. FCRA). See Tagatz, 861 F.2d at 1042. That's one reason why the settlement, particularly the provisions requiring Nationstar to adhere to enhanced standards, is crucial. Id. Those claims arose from Nationstar's alleged In the Amended Complaint, the Robinsons claim that Nationstar's representations that it offered many loss mitigation plans and "would evaluate" borrowers "for eligibility for all these loss mitigation plans" were false. 1976) (holding that while it may be unethical for a lawyer to testify on behalf of a client as an expert, "it does not necessarily follow that any alleged professional misconduct" would require exclusion of the testimony because the rules of professional conduct do "not delineate rules of evidence"); United States v. Fogel, 901 F.2d 23, 26 (4th Cir. Since neither party contends that Oliver's testimony and report are not "critical," the Court must address the Daubert challenge before reaching the question of class certification. A conflict of interest will not defeat the adequacy requirement when "all class members share common objectives[,] the same factual and legal positions, and . 2605(f)(1). Opp'n Mot. Summ. 1990) (citing Universal Athletic favorably for this proposition). 222. Instead, the Robinsons assert that Nationstar has not affirmatively proven that it conducted such reviews. See Krakauer v. Dish Network, L.L.C., 925 F.3d 643, 658 (4th Cir. Corp. ("McLean I"), 595 F. Supp. ("MCC") 2, ECF No. If you are a member of the Settlement Class, you must submit a completed Claim Form to receive a payment. The Court agrees that costs, including administrative costs, "incurred whether or not the servicer complied with its obligations" are not actual damages "caused by, or 'a result of,'" the RESPA violation, whether or not they occurred before or after the violation. Baez, 709 F. App'x at 983. All but $28.6 million of its. Where such statements in no way promise approval, the Robinsons appear to claim that such statements are false or misleading because Nationstar never intended to, and did not, evaluate the Robinsons for the various loss mitigation options. Nationstar denies all allegations of wrongdoing and no judgment or determination of wrongdoing has been made. See Stillmock, 385 F. App'x at 274 ("[T]here is no reasoned basis to conclude that the fact that an individual plaintiff can recover attorney's fees in addition to statutory damages of up to $1,000 will result in enforcement of [the Fair Credit Reporting Act] by individual actions of a scale comparable to the potential enforcement by way of class action."). Mortgage servicers seek government aid as forebearance requests soar, How this 39-year-old earns $26,000 a year in California. Gunnells, 348 F.3d at 429 ("[T]he need for individualized proof of damages alone will not defeat class certification."). 15-05811, 2016 WL 3055901 (N.D. Cal. In this photo illustration, the Nationstar Mortgage Holdings Inc. logo seen displayed on a smartphone. 2d 452, 468 (D. Md. 2003). Although Monday's case specifically addresses Nationstar's actions following the Great Recession, the outcome can affect today's homeowners, says Kwame Raoul, attorney general of Illinois. Likewise, Oliver's expert report provides no analysis on how Nationstar's databases allow for a systematic determination whether Nationstar failed to inform borrowers of the specific reasons for the servicer's decision to deny each loan modification option, in violation of 12 C.F.R. TDC-14-3667 (D. Md. HealthSystem, 669 F.3d 802, 812 (7th Cir. Cal. 1024.41(i). Nationstar Mortgage TCPA Class Action Settlement Finally, the named plaintiff must "fairly and adequately protect the interests of class" without a conflict of interest with the absent class members. Specifically, if a loss mitigation application is received "45 days or more before a foreclosure sale," the loan servicer must provide a notice to the borrower "in writing within 5 days" of receiving it in which the servicer acknowledges receipt of the application and states whether the "application is either complete or incomplete." Because of the need to protect the rights of absent plaintiffs to assert different claims and of defendants to assert facts and defenses specific to individual class members, courts must conduct a "rigorous analysis" of whether a proposed class action meets the requirements of Federal Rule of Civil Procedure 23 before certifying a class. James Robinson v. National Student Clearinghouse Toggle navigation Home Commonly Asked Questions Documents The Court approved the settlement at the July 7, 2020 Fairness Hearing. 2014))). 2605(f)(1)(A)). Class Cert. . or other representation . The next day, Nationstar sent a letter noting that the August 25 application had been received and requesting additional information. The denial letters stated that the loan's principal balance exceeded the limit under HAMP. (quoting East Tex. Although based on imperfect data, Oliver's expert report reveals that such analysis can substantially address whether Nationstar violated 12 C.F.R. It is the plaintiffs who bear the burden of proving their claims. These letters are based on standard Nationstar templates, and the code reflects the type of letter sent. Nationstar further argues that summary judgment must be entered in its favor on the Robinsons' claims under 12 C.F.R. The Class is represented by Rafey S. Balabanian of Edelson PC. 218. A class action is a superior means for "fairly and efficiently adjudicating" whether Nationstar has violated Regulation X and section 3-316(c) of the MCPA. Id. Law 13-101 to 13-411 (West 2015). 2015). Once the documents are received, the Remedy Star substatus and LSAMS code are changed again to mark the application complete. For example, it was undisputed that on May 30, 2014, Mr. Robinson, in response to Nationstar's requests for additional information, resubmitted the same information sent with his March 2014 loan modification application. 1972). Compl. HARRISBURG Attorney General Josh Shapiro, as part of a multistate effort, today announced that his office obtained an $86.3 million settlement from Nationstar Mortgage, the country's fourth-largest mortgage servicer. The Robinsons' designated expert, Geoffrey Oliver, has offered a methodology for identifying class members and when their rights under RESPA and the MCPA have been violated. Law 13-303(4)-(5), 13-408. The use of a class action is primarily justified on the grounds of efficiency, because it advances judicial economy to resolve common issues affecting all class members in a single action. Law 13-316(c) are triggered upon the submission of a loss mitigation application, while 12 C.F.R. 2d 754, 768-69 (D. Md. For the following reasons, the Motion for Summary Judgment will be GRANTED IN PART and DENIED IN PART; the Motion to Strike will be DENIED; and the Motion for Class Certification will be GRANTED IN PART and DENIED IN PART. This field is for validation purposes and should be left unchanged. They do not seek damages in the Amended Complaint for emotional distress or include such a claim in their itemized list of damages submitted in discovery. Regulation X's effective date reflected "an intent not to apply it to conduct occurring prior to that date." 1024.41(d). These fees allegedly violated the Fair Debt Collection Practices Act and the Washington state Collection Agency Act. 15-3960, 2017 WL 623465, at *8 (D. Md. If the Court approves the Settlement and it becomes final and effective, and you remain in the Settlement Class, you will receive a payment. Robinson v. Nationstar Mortg. LLC - Casetext Mot. 1024.41(f), (g), and (h) and Md. In its complaint, filed in federal district court in the District of Columbia, the Bureau alleges that Nationstar engaged in unfair and deceptive acts and practices in violation of the Consumer Financial Protection Act of 2010, violated the Real Estate Settlement Procedures Act (RESPA), and violated the Homeowner's Protection Act of 1998 (HPA). See Md. 1024.41(h)(1), (4). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2010) (holding that a plaintiff who "was not a borrower or otherwise obligated on the . Finally, where Nationstar has offered no specific argument in its brief, beyond those addressed above, to refute Oliver's proffered analysis for identifying RESPA violations arising from the failure to notify borrowers of their appeal rights or the failure to exercise diligence in requesting documents based on repeated requests for the same documents, 12 C.F.R. A Division of NBC Universal. 2010). 1024.41(i). Regulation X, which became effective on January 10, 2014, 78 Fed. Factors "pertinent" to the predominance and superiority requirements include the "class members' interests in individually controlling" the litigation, whether litigation on the matter has already been begun by other class members, whether concentrating the litigation in one forum is desirable or undesirable, and the potential difficulties managing the class action presents. See 12 C.F.R. First, as a threshold matter, the Court notes that in ruling on Nationstar's Motion for Summary Judgment, it will grant judgment in favor of Nationstar as to Mrs. Robinson's claims, Mr. Robinson's RESPA claims under 12 C.F.R. Anderson, 477 U.S. at 248. 2d at 1366. More Information Notably, Oliver's analysis did not consider foreclosure information because the data produced did not include dates of foreclosure sales. Ass'n, 375 F.2d 648, 653 (4th Cir. . 1024.41(c)(1)(ii), 1024.41(b)(1), the Court concludes that common computerized analysis will substantially advance the resolution of such claims, even if not entirely eliminating the need for reviewing certain specific file documents. The distinction is crucial. Code Ann., Com. Fed. UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND. Eligible consumers will be contacted by Nationstar or the settlement administrator about refunds under the settlement. Individual damages would be below the cost of litigation even if each class member could establish that Nationstar's conduct consisted of a pattern or practice of violating Regulation X, because the statute limits such damages to $2,000 per borrower. A borrower may enforce violations of these provisions through a private cause of action pursuant to 12 U.S.C. The trial court granted the motion over the Robinsons' objection, noting in its order that Nationstar had now waived its claim for attorney feesthe claim that had been the sole impediment to a final judgment being entered after the trial court granted Nationstar's request to reopen the evidence after entry of the initial final judgment. In contrast, the Court finds that there is a genuine issue of material fact whether the administrative costs and fees incurred by the Robinsons resulted from Nationstar's RESPA violations. Law 13-301(1). Ravens Football Club, Inc., 346 F.3d 514, 522 (4th Cir. See 12 C.F.R. Subsequent Loss Mitigation Application. P. 23(a)(2); Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 350 (2011). Mich. 2016), at least one district court has held that loan servicers need not comply with Regulation X if the borrower had previously submitted a loss mitigation application before the January 10, 2014 effective date, see Trionfo v. Bank of America, N.A., No. R. Civ. . In 2017, the CFPB fined Nationstar $1.75 million for failing to report accurate data about its mortgage transactions. Co v. Adair, 764 F.3d 347, 359-60 (4th Cir. Plaintiffs Demetrius and Tamara Robinson (the "Robinsons") have resided in a home in Damascus, Maryland that has been subject to a mortgage loan. After an additional period of expert discovery relating to the class certification motion, discovery closed on December 30, 2018. While Mr. Robinson sought to reduce his monthly mortgage payment in applying for a loan modification, his deposition testimony reflects that he understands that the present lawsuit contends that Nationstar did not process the Robinsons' loan modification application correctly. R. Civ. Because such a common question would have to be resolved in many if not all individual cases, it advances, rather than undermines, the argument in favor of predominance. In addition, Nationstar asserts that not all loan modification applications referred to an underwriter are complete. Fla. 2009), aff'd, 398 F. App'x 467, 471 (11th Cir. After they became delinquent on their loan, the Robinsons submitted another loan modification application to Nationstar on March 7, 2014. Signed by Judge Theodore D. Chuang on 8/18/2015. Some of the alleged damages are not supported in law or in fact. Id. 8:2014cv03667 - Document 18 (D. Md. When Nationstar received the application, it prevented late fees from being assessed and put a hold on any foreclosure proceedings. EQT Prod. Nationstar Mortgage agreed to settle an action commenced by the Consumer Financial Protection Bureau for $91 million to resolve allegations surrounding mortgage servicing misconduct and deceptive practices that resulted in financial harm to borrowers. If the application is complete "more than 37 days before a foreclosure sale," the servicer may not move for a foreclosure judgment or conduct a foreclosure sale, but instead must first "[e]valuate the borrower for all loss mitigation options available to the borrower," send to the borrower "a notice in writing stating the servicer's determination of which loss mitigation options, if any, it will offer," and include a statement of applicable appeal rights. 1024.41(b)(2)(B). at 358. 2018); Renfroe v. Nationstar Mortg., LLC, 822 F.3d 1241, 1247 n.4 (11th Cir. Co., 595 F.3d 164, 179-80 (4th Cir. Id. Although each class member must individually show that they suffered "actual damages" under 12 U.S.C. Plaintiffs "must present specific evidence to establish a causal link between the [servicer's] violation and their injuries." RESPA's implementing regulations, codified at 12 C.F.R. Hickerson, 882 F.3d at 480 (quoting Cooper, 259 F.3d at 199). Since the Court has already concluded that Nationstar is entitled to summary judgment on the Robinsons' claims under 12 C.F.R. 3d at 1014. On June 16, 2017, the Magistrate Judge bifurcated discovery to focus initially on the merits of the Robinsons' individual claim and the question of class certification, ordered Nationstar to disclose electronic records so that the Robinsons could sample Nationstar's data for purposes of a motion for class certification, and limited the discovery of such records to a sample of 400 loans from the period from January 10, 2014 to June 30, 2014 and "to areas which inform" the Court's decision on class certification, namely whether Nationstar was in compliance with Regulation X. Mot. Nationstar to Pay $110 Million to Settle Borrower Claims Corp. ("McLean II"), 398 F. App'x 467, 471 (11th Cir. 1024.41. Although the Robinsons contend that they would have pursued other loss mitigation options in the absence of the RESPA violations, they have not identified any such options in a way that would permit a calculation of damages associated with any lost opportunity. It will be otherwise denied. Like the class members, to prove his case, Mr. Robinson will have to show that Nationstar failed to timely and appropriately respond to his loan modification applications by pointing to the dates of his submissions and the dates and contents of Nationstar's responses. First, to the extent that there was a period of time during which Nationstar failed to implement procedures to comply with RESPA, the facts establishing such a gap would be highly relevant to a pattern or practice determination and would be common in every case.
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