which has the capacity, tendency, or effect of deceiving or misleading consumers." See 12 C.F.R. 1024.41(f), (g), and (h), and Md. Rather than striking the testimony, the Court may need to consider permitting supplemental discovery to correct for the lack of relevant data not previously made available to Oliver. Law 13-101 to 13-411 (West 2015). Sept. 29, 2017); Billings v. Seterus, Inc., 170 F. Supp. The settlement will benefit a Class of consumers who purchased a 600-or 900-watt Nutribullet blender in the US between June 1, 2017 and March 15, 2022. Marchese v. JPMorgan Chase Bank, N.A., 917 F. Supp. Robinson v. Nationstar Mortg. LLC - Casetext Following protracted litigation, Nationstar, and the Robinsonsnegotiated a $3,0 00,000 settlement. On February 16, 2017, the Court referred the case to United States Magistrate Judge Charles B. 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. Nationstar to Pay $110 Million to Settle Borrower Claims Campbell v. Nationstar Mortg., 611 F. App'x 288, 297-98 (6th Cir. For the foregoing reasons, Nationstar's Motion for Summary Judgment will be GRANTED IN PART and DENIED IN PART. If the settlements are approved by the D.C. district court, Nationstar will be required to immediately set aside about $15.6 million to pay borrowers it has not yet remediated. From January 2014 to the present, the Robinsons have not pursued other loss mitigation options, such as a short sale. Through both a declaration by a Nationstar Vice President of Default Servicing, Brandon Anderson, and an expert report by Stuart D. Gurrea, Nationstar contests Oliver's analysis and endeavors to establish that the only way to identify RESPA violations using Nationstar's data is through a file-by-file review. R. Civ. Mr. Robinson then submitted another loan modification application on August 25, 2014. Nationstar Mortgage LLC Filing 18 Robinson et al v. Nationstar Mortgage LLC, No. "If a borrower's complete loss mitigation application is denied for any trial or permanent loan modification option available to the borrower," the servicer must state in the required notice to the borrower "the specific reason or reasons for the servicer's determination for each such trial or permanent loan modification and, if applicable, that the borrower was not evaluated on other criteria." More importantly, while a determination of an individual violation would not require extensive analysis, specific proof of a pattern or practice of RESPA violations in any individual case would be a substantial undertaking, likely requiring the same type of complex analysis proposed here: a sampling of Nationstar files, compilation of all relevant data for such files, expert analysis to identify violations, and an assessment whether the identified violations are sufficient to establish a pattern or practice of violations. Finally, to the extent that Oliver did not execute his stated methodology for identifying damages, that limitation is again based in part on Nationstar's failure to make relevant data available to him. AG Shapiro Secures $2.75 Million for Pennsylvania Mortgage Loan CFPB V. Nationstar - Frequently Asked Questions 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. 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. 2010) (holding that a plaintiff who "was not a borrower or otherwise obligated on the . 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. that it is improper to pay an expert witness a contingent fee." Settlement. Id. 1024.41(a). Furthermore, Oliver states that since Nationstar employees used templates to communicate with borrowers, he could determine whether there were violations of certain RESPA provisions based on entries showing that Nationstar employees used templates that did not comply with RESPA. Universal Athletic Sales Co. v. Am. Code Ann., Com. Id. (quoting East Tex. 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. Commonality requires that a class have "questions of law or fact common to the class" which are capable of classwide resolution, such that the determination of the truth or falsity of the common issue "will resolve an issue that is central to the validity of each one of the claims in one stroke." Nationstar's reliance on Accrued Financial Services v. Prime Retail, Inc., 298 F.3d 291 (4th Cir. at 359-60. . 1024.41(a). McLean v. GMAC Mortg. Id. In Washington v. Am. Thus, a loan servicer could not have complied with Regulation X for a loss mitigation application submitted before January 10, 2014 because there was no regulation in effect with which to comply. Fed. Nationstar Mortgage Robocall Class Action Settlement Checks Mailed The Motion will be otherwise denied. Nationstar has no process for standardizing file names. Compl. However, the burden is on the plaintiffs to show that other class members exist and that their joinder is impracticable; a court may not rely on mere speculation that numerosity has been satisfied. In Baez v. Specialized Loan Servicing, LLC, 709 F. App'x 979 (11th Cir. 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. 12 U.S.C. Moreover, whether Nationstar engaged in a "pattern or practice" of Regulation X violations, within the meaning of 12 U.S.C. Va., Inc., 543 F.2d 1075, 1080 (4th Cir. Whether an application is complete depends on the requirements of the investor who holds the loan. However, Nationstar did not comply with all requirements of Regulation X, which became effective on January 10, 2014. P. 23(a)(2); Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 350 (2011). The Motion will be granted as to all of Tamara Robinson's claims and as to Demetrius Robinson's claims under 12 C.F.R. See Lierboe v. State Farm Mut. Wirtz v. Specialized Loan Servicing, LLC, 886 F.3d 713, 719-20 (8th Cir. See Robinson v. Nationstar Mortg. Since the Court already considered and ruled on these issues, see supra part I.B, it will not revisit those arguments here. 2601-2617 (2012), specifically RESPA's implementing regulations known as "Regulation X," 12 C.F.R. Pia McAdams, a class member, objected to the settlement, arguing that the When each event occurseither the mailing of a letter or the changing of a code or substatusthe date is recorded in the databases. . 3d 249, 266 (D. Md. QSF Settlement Administrator. Certification will also be denied as to the claim under 12 C.F.R. Regulation X's effective date reflected "an intent not to apply it to conduct occurring prior to that date." Law 13-316(c) are triggered upon the submission of a loss mitigation application, while 12 C.F.R. 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. MCC JR 318, 530-531. R. Civ. Life Ins. 3d 254, 274-75 (S.D.N.Y. While class members would not be eligible for statutory damages unless actual damages are shown, see 12 U.S.C. . This website provides information about a joint state attorney general and state mortgage regulator settlement with Nationstar, which does business publicly as Mr. Cooper. Actual damages may include late fees; denial of credit or access to the full amount of a credit line; out-of-pocket expenses incurred in dealing with a RESPA violation, such as expenses for preparing and copying correspondence; and lost time and inconvenience, including time spent away from employment while preparing correspondence "to the extent it resulted in actual pecuniary loss." See Tyson Foods v. Bouaphakeo, 136 S. Ct. 1036, 1045 (2016) ("When 'one or more of the central issues in the action are common to the class and can be said to predominate, the action may be considered proper under Rule 23(b)(3) even though other important matters will have to be tried separately, such as damages or some affirmative defense peculiar to some individual class members.'" . The fact that Oliver's methodology has not been subjected to peer review and that he has not published any articles about it does not invalidate it. Id. Throughout discovery, Nationstar repeatedly stated that it could not produce the data on loss mitigation or loan modification applications from its databases in the form requested by the Robinsons. Because of the manner in which class discovery was conducted, see supra part II.A, Oliver did not have access to all of Nationstar's data fields for the representative sample of loans. Here, even though the Robinsons' March 7, 2014 loss mitigation application was not the Robinsons' first such application, it was their first submitted after the effective date of Regulation X. . Amchem Prods. 1024.41(h)(1), (4). McLean v. GMAC Mortg. Before the error was discovered, Mr. Robinson appealed this offer as insufficient on April 10, 2014. %PDF-1.6 % Furthermore, the Robinsons have made a sufficient showing that a central computerized analysis of Nationstar data would substantially, if not completely, resolve questions of whether RESPA violations occurred. or other representation . (2000) (reflecting that the prior version of the rules of professional conduct prohibited an attorney from "acquiesc[ing] in the payment of compensation to a witness contingent on the content of his testimony or the outcome of the case"). The Consumer Financial Protection Bureau (CFPB) today ordered Nationstar Mortgage LLC to pay a $1.75 million civil penalty for violating the Home Mortgage Disclosure Act (HMDA) by consistently failing to report accurate data about mortgage transactions for 2012 through 2014. . That claim will be subject to common proof, namely sampling and analysis of loan files along the lines suggested by Oliver. The court, however, did not explain how in the absence of any obligation to pay back to the Note, the plaintiff qualified as a "borrower" under the RESPA statute. As the Supreme Court noted in Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), Daubert "made clear that its list of factors was meant to be helpful, not definitive," and it is not always the case that an expert witness's claim will have been subjected to peer review. 1024.41(a). Motor Freight System, Inc. v. Rodriguez, 431 U.S. 395, 403 (1977))). The "Maryland Subclass" consists of "[a]ll persons in the State of Maryland that submitted a loss mitigation application to Nationstar after January 10, 2014, and through the date of the Court's certification order." 12) is GRANTED with respect to Count V and Count III against Nationstar; it is DENIED with respect to Counts I, II, and VI, and Count III against NSM. R. Evid. 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. 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. DEMETRIUS ROBINSON and TAMARA ROBINSON, Plaintiffs, v. NATIONSTAR MORTGAGE LLC, Defendant. the same interest in establishing the liability of defendants." P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). A Division of NBC Universal.
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