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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." 2d 452, 467 (D. Md. Northern District of Ohio, ohnd-1:2021-cv-00452 of 0 An error occurred while loading the PDF. Likewise, although Mrs. Robinson expended time corresponding with Nationstar, she was not working for pay at the same time, and the Robinsons have not provided evidence to quantify the loss to Mr. Robinson, the only viable plaintiff here. . 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. Before relating the facts relevant to the Motion for Class Certification, the Court will highlight the relevant procedural history affecting the record before the Court. Code Ann., Com. If you were contacted on your cell phone by a company via an . 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. A settlement has been reached in a class action lawsuit alleging Nationstar Mortgage LLC (Nationstar or Defendant) violated the Real Estate Settlement Procedures Act (RESPA) by failing to adhere to its requirements with respect to its customers loss mitigation applications and that Nationstar violated Maryland law by not timely responding to its customers mortgage servicing complaints. See 12 C.F.R. See Robinson v. Nationstar Mortg. There is no reason to conclude that individual class members have any particular interest in individually controlling the litigation through separate actions, or that this Court is an undesirable forum to host this litigation, since Nationstar services loans in this district, is subject to jurisdiction here, and has presented no argument that Maryland is an inconvenient forum. 1024.41(i). The Court will therefore deny the Motion for Summary Judgment as to this argument. Nationstar argues that it should be granted summary judgment on all of the RESPA claims because Nationstar was required to comply with Regulation X only as to a borrower's first loss mitigation application, and the Robinsons' March 7, 2014 application was not their first loan modification application. News Ask a Lawyer The Motions are fully briefed, and no hearing is necessary to resolve the issues. 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. Since Mr. Robinson has the same goal as the other class members of establishing that Nationstar violated Regulation X with respect to his loan, he will adequately protect their interests. While the particulars of Mr. Robinson's application process will not necessarily prove that Nationstar mishandled the applications of other individual class members, these facts fairly encompass the types of claims that would be brought by the members of the class. In February 2014, after their income had further decreased, the Robinsons ceased making payments on the mortgage loan. 2605(f). The fee arrangement will be considered as an issue potentially affecting the credibility, rather than the admissibility, of the expert testimony. Accordingly, Nationstar's Motion for Summary Judgment will be granted as to the MCPA claims under sections 13-301 and 13-303. Several states also fined Nationstar in 2018 over failing to have proper procedures in place and "unfair and deceptive" mortgage modification policies. The company has already paid about $57.5 million in restitution to affected consumers, according to the CFPB. 1024.41(f), (g), and (h), and Md. 2013)). HealthSystem, 669 F.3d 802, 812 (7th Cir. 1024.41(f), (g), and (h), and Md. Some of the alleged damages are not supported in law or in fact. 2015) (holding that Regulation X did not apply to loss mitigation applications submitted before the effective date). To view the settlement agreement and consent order, please visit the CSBS's website. Where the PaCE consulting fee was a one-time fee to advise the Robinsons in their interactions with Nationstar paid in August 2013, several months before they first submitted the March 2014 loan modification application, this cost was incurred "whether or not [Nationstar] complied with its obligations." Your Email Please enter your email. The proposed settlement with the CFPB requires Nationstar to pay $73 million in restitution to affected borrowers, as well as a $1.5 million civil penalty to the agency. 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. P. 23(a)(4); Ward v. Dixie Nat'l Life Ins. The Robinsons and Nationstar then engaged in a series of tortured exchanges over the next several months. application to Nationstar after January 10, 2014, and through the date of the Court's . 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. A code is entered in Remedy Star when the letter is sent. Ins. See, e.g., Ward v. Dixie Nat. That claim will be subject to common proof, namely sampling and analysis of loan files along the lines suggested by Oliver. Since Mrs. Robinson may not bring a claim under Regulation X, she may not be a named class representative. 12 U.S.C. Id. P. 23(a)(2); Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 350 (2011). These claims do not have to be factually or legally identical, but the class claims should be fairly encompassed by those of the named plaintiffs. is generally unproblematic as the non-injured parties can just be sorted out at the remedies phase of the suit."). 120. In support of these claims, Mr. Robinson testified in his deposition that the $141,000 in interest represents the amount that the Robinsons have been overcharged over the life of the loan. 2013); Poindexter v. Teubert, 462 F.2d 1096, 1097 (4th Cir. 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. Id 1024.41(c)(1). In their Motion for Class Certification, the Robinsons seek certification of two classes. Id. 1024.41 that it is improper to pay an expert witness a contingent fee." If a class is ascertainable, it must then satisfy all four elements of Rule 23(a): numerosity, commonality, typicality, and adequacy. Code Ann., Com. FCRA). The Robinsons have not made any mortgage payments since January 2014 and have not been assessed any late fees since February 2014. The "Nationwide Class" is composed of "[a]ll persons in the United States that submitted a loss mitigation application to Nationstar after January 10, 2014, and through the date of the Court's certification order." When each event occurseither the mailing of a letter or the changing of a code or substatusthe date is recorded in the databases. LLC, No. 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. 2007)), aff'd sub nom. Bouchat, 346 F.3d at 522. 3d 254, 274-75 (S.D.N.Y. 2010) (holding that a plaintiff who "was not a borrower or otherwise obligated on the . Law 13-316(e), for the reasons stated above, see supra part I.B.4, the Robinsons have provided sufficient evidence to create a genuine issue of material fact whether they have suffered economic damages, in the form of administrative costs, fees, and interest. Joint Record ("MSJ JR") 0102. 10696, 10836. Accordingly, the Motion is denied as to such claims. Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 348-49 (2011) ("[A] class representative must be part of the class and possess the same interest and suffer the same injury as the class members." 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. Since Regulation X explicitly does not require a loan servicer to provide a loan modification, the Robinsons' claim that they suffered damages because they did not receive a loan modification is not cognizable under the statute. Law 13-316(c). The cases cited by the Robinsons do not alter the Court's conclusion. Broussard v. Meineke Discount Muffler Shops, Inc., 155 F.3d 331, 344 (4th Cir. Law 13-301 and 13-303, because the Robinsons do not have standing to bring those claims. Where a contingency fee arrangement for expert witnesses is not expressly prohibited by the Maryland Rules of Professional Conduct, the Court declines to find that the fee arrangement here constituted an ethical violation. JA 130. Where the deed of trust explicitly states that Mrs. Robinson is not obligated on the loan, the Court finds that she is not a borrower under RESPA and cannot bring the claim against Nationstar under Regulation X. Reg. Stewart v. Bierman, 859 F. Supp. Id. This abandoned high school was converted into a 31-unit apartment building, number of unlawful practices in handling mortgages following the Great Recession. The Robinsons own a business called Green Earth Services, which provides waste and recycling services to clients. For the requirements that hinge on the timing of a communication or response, Oliver's methodology consists of using Nationstar's data from the LSAMS and FileNet software applications relating to a sample of 400 loans to identify the dates when certain events occurredsuch as the filing of a loan modification application, when a loan modification application became complete, and the sending of an acknowledgment or decision letter to a borrowerand then counting the days between the dates to assess whether a RESPA timing requirement was satisfied. 16-0117, 2017 WL 4347826, at *15 (D. Md. See Md. 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. If more documents are required, then the same Remedy Star substatus and LSAMS code that denote missing documents are entered. 14-cv-10457, in the U.S. District Court for the Northern District of Illinois, Eastern Division.. Join a Free TCPA Class Action Lawsuit Investigation. USCA4 Appeal: 21-1087 Doc: 38 Filed: 06/15/2021 Pg: 9 of 33 (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"). Id. Because all of the Rule 23(a) and (b)(3) requirements are met as to a class asserting violations of 12 C.F.R. Since the Court has already concluded that Nationstar is entitled to summary judgment on the Robinsons' claims under 12 C.F.R. PO Box 3560. 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. ORDER Scheduling Settlement Conference for Wednesday, October 26, 2016 at 10:30 a.m. Courts have wide discretion to certify a class based on their familiarity with the issues and potential difficulties arising in class action litigation. The Court may rely only on facts supported in the record, not simply assertions in the pleadings. Write to the Court if you do not like the Settlement. Moreover, the possibility that some members of the class as defined by the Robinsons have not suffered any injury cognizable under RESPA or MCPA does not preclude certifying the class. Code Ann., Com. The settlement in the form of a consent judgment, filed in the U . Under a provision of Regulation X entitled "Loss mitigation procedures," mortgage servicers must take certain steps when a borrower applies for loss mitigation measures, such as the loan modifications sought in this case. Law 13-316(e)(1), and "actual damages," 12 U.S.C. P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). 1967). After March 2014, Mrs. Robinson was primarily responsible for communicating with Nationstar and PaCE. 3d 249, 266 (D. Md. 28, 2017). 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. It is the plaintiffs who bear the burden of proving their claims. Because Nationstar employees used standard templates to communicate with borrowers, Oliver concluded that Regulation X violations can be identified through the existence of noncompliant templates and the dates that those templates were in use. Potentially eligible class members for all of these provisions can be identified through the LSAMS and Remedy data that marks that an application was received, identified as complete, and denied. The relevant rule prohibits an attorney from "offer[ing] an inducement to a witness that is prohibited by law." Ask to speak in court about the fairness of the Settlement. Furthermore, according to Nationstar, to identify the content of a letter sent to a borrower, the letter itself must be viewed. 2605(f)(2) is not fatal to the predominance inquiry. 1990) (citing Universal Athletic favorably for this proposition). 2010). 1024.41(c)(1)(i) and (d), because the Robinsons made no showing that the Rule 23 requirements were met. Law 13-316(c). Universal Athletic Sales Co. v. Am. Signed by Judge Theodore D. Chuang on 8/18/2015. That's one reason why the settlement, particularly the provisions requiring Nationstar to adhere to enhanced standards, is crucial. Id. 1998). A fact is "material" if it "might affect the outcome of the suit under the governing law." R. Civ. 15-05811, 2016 WL 3055901 (N.D. Cal. See McGraw, 646 F.2d at 176. Gariety v. Grant Thornton, LLP, 368 F.3d 356, 366 (4th Cir. 1024.41(i). Robinson et al v. Nationstar Mortgage LLC, No. Joint Record ("MCC JR") 0907. Mr. Robinson's counsel is experienced in complex civil litigation and class action litigation. Nationstar also seeks summary judgment on the Robinsons' claims under the MCPA, which include claims of misleading statements in connection with the collection of consumer debts, in violation of section 13-301(1), (3) and section 13-303(4)-(5) of the MCPA, and claims that Nationstar did not respond to consumer inquiries within 15 days, in violation of section 13-316(c) of the MCPA. Summary judgment will therefore be entered for Nationstar on the claims that Nationstar violated subsections (f) and (g). The Nationstar Mortgage Unwanted Phone Calls Class Action Lawsuit is Wright, et al. 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. In response, on May 30, 2014, Mr. Robinson sent Nationstar the exact same application that he had submitted on March 7, 2014. Rules 19-303.4(b) (2018). The Class is represented by Rafey S. Balabanian of Edelson PC. 1024.41(b)(1). Subscribe to our free newsletter right now. RESPA's implementing regulations, codified at 12 C.F.R. 2017) (holding that "incidental costs related to the sending of correspondence" to the servicer, including "postage and travel," are not actual damages under RESPA because such a rule "would transform virtually all unsatisfactory borrower inquiries into RESPA lawsuits"). Delaware Attorney General Kathleen Jennings said the settlements, Several states also fined Nationstar in 2018, Kwame Raoul, attorney general of Illinois, latest research from the Mortgage Bankers Association. Code Ann., Com. If the named plaintiff satisfies all of the Rule 23(a) requirements and the Rule 23(b)(3) requirements, then class certification is appropriate. A Scheduling Order was first entered on November 24, 2015, and the period for discovery was extended four times between November 2015 and January 2017. 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." Some courts have held that administrative costs that predate the alleged RESPA violation cannot constitute "actual damages." . Id. On November 21, 2014, the Robinsons filed suit against Nationstar on behalf of themselves and a class of similarly situated individuals nationwide. 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. Day to address discovery issues. 1024.41(h)(1), (4). Ravens Football Club, Inc., 346 F.3d 514, 522 (4th Cir. 1024.41, a regulation of RESPA that outlines loss mitigation procedures. Thus, Mrs. Robinson is not "obligated" to pay the amount due on the Note and therefore is not a "borrower" for purposes of RESPA. Sep. 9, 2019). WASHINGTON, D.C. 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. An expert's testimony is "critical" where it is "important to an issue decisive for the motion for class certification." 19-303.4 cmt.3. See Lierboe v. State Farm Mut. 1993) (quoting Blum v. Yaretsky, 457 U.S. 991, 1001 n.13 (1982)). The Complaint asserts two claims. To prepare his expert report, Oliver reviewed a randomly selected sample of 400 loans serviced by Nationstar in which a loan modification application was submitted. After an additional period of expert discovery relating to the class certification motion, discovery closed on December 30, 2018. Nationstar correctly notes that the Robinsons have not identified a false or misleading statement or representation by Nationstar in the record. Gym, Recreational & Athletic Equip. 2017), the United States Court of Appeals for the Eleventh Circuit held that postage costs incurred by the plaintiff to send the "initial request for information is not a cost to the borrower 'as a result of the failure' to comply with a RESPA obligation," because a violation has not occurred and will not "necessarily occur" at the time the plaintiff paid the postage. "); see also 1 William Rubenstein et al., Newberg on Class Actions 2:3 (5th ed. Accordingly, a loan servicer must comply with Regulation X as to the first loss mitigation application submitted after the effective date. Code Ann., Com. Indeed, Nationstar does not seriously contest the commonality prong. Class litigation would also promote consistent results on the common question whether Nationstar engaged in a pattern or practice of violating Regulation X and would provide Nationstar with finality and closure on that issue.

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