1024.41(a). When considering whether expert testimony is reliable or should be excluded, the court considers the following factors: "When an expert's report or testimony is 'critical to class certification,'" the district court "must make a conclusive ruling on any challenge to that expert's qualifications or submissions before it may rule on a motion for class certification." 1024.41(a). 1024.41(f), (g), and (h); and (4) there is no evidence of actual damages from any RESPA violation. According to Nationstar's Underwriting Workflow Procedures, which sets forth the steps followed to review loans for modifications, when a borrower submits a loan modification application, a code is entered into LSAMS and updates the loan's substatus in Remedy Star. 125. For the Regulation X provisions that require the servicer to communicate specific information to a borrower, Oliver's methodology involves reviewing a sample of loan files and identifying a specific communication to a borrower based on the file name. Nationstar denies all allegations of wrongdoing and no judgment or determination of wrongdoing has been made. Regulation X, which became effective on January 10, 2014, 78 Fed. In their memorandum in opposition to the Motion for Summary Judgment ("Opposition"), the Robinsons admit that they "do not have evidence that Nationstar dual tracked them" or began foreclosure proceedings while a loan modification application was pending. Nationstar sent Mr. Robinson two letters denying his loan modification application on July 17, 2014 and September 9, 2014, but there is no evidence in the record that the Robinsons submitted an appeal to either of those letters. Although the parties have not offered specific details on the nature and timing of those costs and fees, it is reasonable to infer that at least some portion of them were incurred after they submitted their March 7, 2014 loan modification application and after Nationstar had violated Regulation X. During this period, in August 2013, the Robinsons retained a forensic loan auditor, Professional Compliance Examiners ("PaCE"), and paid it $2,275 to help them communicate with Nationstar. If the Court approves the Settlement and it becomes final and effective, and you remain in the Settlement Class, you will receive a payment. They have a home in Damascus, Maryland purchased by Demetrius Robinson ("Mr. Robinson"). 09-08213, 2011 WL 11651320 (C.D. 2014))). But see Sutton v. CitiMortgage, Inc., 228 F. Supp. Robinson et al v. Nationstar Mortgage LLC, No. 8:2014cv03667 - Justia Law Reg. This abandoned high school was converted into a 31-unit apartment building, number of unlawful practices in handling mortgages following the Great Recession. ORDER Scheduling Settlement Conference for Wednesday, October 26, 2016 at 10:30 a.m. Portland, OR 97208-3560. 2003). 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. Signed by Judge Theodore D. Chuang on 8/18/2015. Id. 1984), and has upheld the certification of a class with as few as 18 members, Cypress v. Newport News Gen. & Nonsectarian Hosp. Certification will also be denied as to the claim under 12 C.F.R. 218. Based on his experience and review of deposition transcripts of Nationstar employees, Oliver asserts that Nationstar has computerized data from which RESPA violations may be identified, not least because Nationstar must be able to demonstrate its compliance with RESPA to regulators. On November 21, 2014, the Robinsons filed suit against Nationstar on behalf of themselves and a class of similarly situated individuals nationwide. Marais v. Chase Home Fin., LLC, 24 F. Supp. 12 C.F.R. In their Motion for Class Certification, the Robinsons seek certification of two classes. 1024.41(c) and (d) impose obligations on a loan servicer once it receives a "complete loss mitigation application" and once the completed application is denied. The company has already paid about $57.5 million in restitution to affected consumers, according to the CFPB. 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. Since the MCPA and Regulation X allow recovery only of "economic damages," Md. 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. Am. 2018); Renfroe v. Nationstar Mortg., LLC, 822 F.3d 1241, 1247 n.4 (11th Cir. Finally, while Nationstar presented arguments for why the Robinsons have not shown damages as to most of the asserted categories, it did not advance any argument for why the interest damages claimed by the Robinsons were not attributable to Nationstar's Regulation X violations and thus is not entitled to summary judgment on that issue. The Robinsons, however, have not identified any evidence that Nationstar did not intend to, and did not, conduct such evaluations. Robinson v. Nationstar Mortgage LLC (8:14-cv-03667) (kw2s, Deputy Clerk) Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! Id. Nationstar's Motion to Strike will be DENIED. 2010). After two more extensions were granted, based on a finding by the Magistrate Judge that "Defendant has failed to comply" with its discovery obligations and delayed the process, discovery closed on March 22, 2018. The distinction is crucial. It follows that only borrowers may bring a claim that a loan servicer has violated Regulation X. RESPA's implementing regulations, codified at 12 C.F.R. Therefore, the Court will grant in part and deny in part the Motion for Class Certification. A fact is "material" if it "might affect the outcome of the suit under the governing law." Code Ann., Com. At this stage of the proceedings, the Court must rely on facts in the record, and not assertions in the pleadings. 1 Nationstar later conceded that at the time the Robinsons submitted their application, it had not yet updated its systems to comply with Section 1024.41. 1024.41(f), (g), and (h), and Mr. Robinson's MCPA claim under sections 13-301 and 13-303. Thorn v. Jefferson-Pilot Life Ins. At this juncture, this allegation plausibly supports a finding of willful noncompliance. See Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 178 (1974) ("In determining the propriety of a class action, the question is not whether the plaintiff or plaintiffs have stated a cause of action or will prevail on the merits, but rather whether the requirements of Rule 23 are met."). EQT Prod. Robinson v. Nationstar Mortgage, LLC Complaint with jury demand against Nationstar Mortgage, LLC. Moreover, even if the fee arrangement violated the ethical rules for attorneys, "it does not follow that evidence obtained in violation of the rule is inadmissible." Indeed, since previous versions of the Maryland rule expressly stated that contingency fee arrangements for experts were forbidden, but that explicit language was removed, it is reasonable to conclude that the amendment changed the rule in Maryland to no longer bar contingency fee arrangements. Robinson v. Nationstar Mortg. LLC | 2015 WL 4994491 | D. Md. | Judgment 2d 452, 467 (D. Md. Aug. 19, 2015). The MCPA prohibits the use of an "unfair or deceptive trade practice" in the "[t]he extension of consumer credit" or "[t]he collection of consumer debts" and provides for a private right of action. Under subsections (f) and (g), a loan servicer is not permitted to begin foreclosure proceedings or move for foreclosure judgment if "a borrower submits a complete loss mitigation application" except in certain circumstances. Nationstar broke that trust by engaging in unfair and deceptive practices," Kraninger added. See, e.g. 2004). 8:2014cv03667 - Document 18 (D. Md. (quoting East Tex. . Moreover, although the court stated that an arrangement for providing expert testimony for a contingent fee would violate public policy, the court did not address the question of the admissibility of evidence at issue here. Finally, a loan servicer "is only required to comply with the requirements" of section 1024.41 "for a single complete loss mitigation application for a borrower's mortgage loan account." Although Nationstar argues that Mr. Robinson has a conflict of interest because he wishes to avoid foreclosure and to delay payments on his mortgage, the record does not reflect that proposition. Mrs. Robinson was the primary point of contact for the Robinsons in interacting with Nationstar. Accordingly, a loan servicer must comply with Regulation X as to the first loss mitigation application submitted after the effective date. In 2017, the CFPB fined Nationstar $1.75 million for failing to report accurate data about its mortgage transactions. 2601 et seq. A $3.8 million settlement has been reached in a Nationstar convenience fee class action lawsuit, which claimed that the mortgage lender wrongfully charged convenience fees to their consumers when making payments on past due accounts. Law 13-101 to 13-411 (West 2015). Every mortgage has a unique loan number that can be used to identify the borrower and the loan in each of the four databases. The Robinsons' expert had written the scripts using data dictionaries and without accessing the databases. Code Ann., Com. Here, Mrs. Robinson signed the Deed but did not sign the Note. This field is for validation purposes and should be left unchanged. 2605(f)(1). Id. See Torres v. Mercer Canyons Inc., 835 F.3d 1125, 1137 (9th Cir. 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. DEMETRIUS ROBINSON and TAMARA ROBINSON, Plaintiffs, v. NATIONSTAR MORTGAGE LLC, Defendant. 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. See Lierboe v. State Farm Mut. McLean v. GMAC Mortg. See Krakauer v. Dish Network, L.L.C., 925 F.3d 643, 658 (4th Cir. Nationstar to pay $91 million to settle claims of it harmed - CNBC Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). Particularly where a class may be certified even if individualized damages calculations would be necessary, the incomplete nature of the damages analysis does not provide a basis for striking Oliver's expert testimony. 2010). If the named plaintiff satisfies each of these requirements under Rule 23(a), the Court must still find that the proposed class action fits into one of the categories of class action under Rule 23(b) in order to certify the class. Nationstar's failings resulted in "substantial consumer harm," CFPB Director Kathleen Kraninger said in a statement. Filing fee paid $ 402, Receipt number AOHNDC-10680087. The Robinsons assert that they have paid a total of $6,147.12 in unspecified fees to Nationstar. Congress enacted RESPA to protect consumers from "unnecessarily high settlement charges caused by certain abusive practices" in the real estate mortgage industry, and to ensure "that consumers throughout the Nation are provided with greater and more timely information on the nature and costs of the settlement process." The Motions are fully briefed, and no hearing is necessary to resolve the issues. 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. Nationstar Mortgage TCPA Class Action Settlement Id. The language of the regulation states not that a loan servicer must comply with Regulation X's requirements only for a borrower's first loss mitigation application, but that a loan servicer must "comply with the requirements" only "for a single complete loss mitigation application." Because there are, at a minimum, disputed issues of fact as to what fees, administrative costs, and interest constitute damages, the Court will deny the motion for summary judgment on the issue of actual damages. Although she has worked as a bookkeeper for various companies, she was not employed between March and September 2014. 1024.41(b)(1), (b)(2)(i)(B), and (c)(1)(ii) and Md. 28, 2017). 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. Discovery Order, ECF No. The Robinsons also claim as damages interest overcharges of approximately $141,000. . Nationstar will need to enhance its policies and processes around how it handles consumer complaints, performs escrow analyses and conducts audits, for example. Va., Inc., 543 F.2d 1075, 1080 (4th Cir. Oliver is the Chief Executive Officer of Hilltop Advisors LLC, a financial services consulting, compliance audit, and accounting advisory firm, and has extensive experience conducting compliance reviews for mortgage servicers, including for compliance with loss mitigation procedures. The economic challenges and burdens that homeowners currently face are similar to the ones experienced following the Great Recession. Co., 595 F.3d 164, 179 (4th Cir. He is joined by 49 other Attorneys General, the District of Columbia, and other state and federal agencies. To satisfy the numerosity requirement, the proposed class must be so numerous that "joinder of all members is impracticable." 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. 1967). While the date that Nationstar's systems came into compliance, is unknown, Nationstar's systematic noncompliance presents common questions of law and fact for all class members. In 2007, Mr. Robinson obtained a loan with the principal amount of $755,000 to refinance the property. Nationstar Call Settlement Administrator. Proof of these claims requires a showing of the dates that an application was received, an acknowledgment letter was sent, an application became complete, Nationstar sent a decision letter to the borrower, and a foreclosure sale is scheduled. Mot. Wirtz v. Specialized Loan Servicing, LLC, 886 F.3d 713, 719-20 (8th Cir. Law 13-316(c) are triggered upon the submission of a loss mitigation application, while 12 C.F.R. 26-1. 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. Your Email Please enter your email. Northern District of Ohio, ohnd-1:2021-cv-00452 of 0 An error occurred while loading the PDF. A conflict of interest will not defeat the adequacy requirement when "all class members share common objectives[,] the same factual and legal positions, and . Docket for Robinson v. Nationstar Mortgage LLC, 8:14-cv-03667 Brought to you by the RECAP Initiative and Free Law Project, a non-profit dedicated to creating high quality open legal information. Once the documents are received, the Remedy Star substatus and LSAMS code are changed again to mark the application complete. 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. The ruling serves as a reminder that Florida remains one of the top states for both mortgage fraud and lender errors. During this time and up until September 25, 2017, Nationstar had not begun any foreclosure proceedings on the Robinsons' home. Nationstar Mortgage Agrees to $91M Settlement with the CFPB 2605(f)(1)(A); see 12 C.F.R. At least one court has found a similar expert report by Oliver to meet the Daubert standard. Since there is no genuine issue of material fact as to whether Nationstar violated subsection (h), summary judgment will be entered for Nationstar on that claim. 2010) (holding that a plaintiff who "was not a borrower or otherwise obligated on the . v. DEMETRIUS ROBINSON; TAMARA ROBINSON, Plaintiffs - Appellees, v. . Where the cost of litigation as compared to the potential recovery gives class members little incentive to bring suit, and there is little reason to individually control the litigation, a class action is a superior method to vindicate the rights of class members.
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