robinson v nationstar settlement check
For the foregoing reasons, Nationstar's Motion for Summary Judgment will be GRANTED IN PART and DENIED IN PART. R. Civ. Notably, although a borrower may recover up to $2,000 in statutory damages upon a showing of a "pattern or practice of non-compliance with the requirements" of Regulation X, 12 U.S.C. Reg. McAdams v. Nationstar Mortgage, LLC, No. 21-1087 (4th Cir. 2022) In the samples . 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. Robinson et al v. Nationstar Mortgage LLC, No. 8:2014cv03667 - Justia Law 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. 2018); Renfroe v. Nationstar Mortg., LLC, 822 F.3d 1241, 1247 n.4 (11th Cir. . However, Nationstar did not comply with all requirements of Regulation X, which became effective on January 10, 2014. See, e.g., Linderman v. U.S. Bank Nat'l Ass'n, 887 F.3d 319, 321 (7th Cir. 12 C.F.R. 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. That's one reason why the settlement, particularly the provisions requiring Nationstar to adhere to enhanced standards, is crucial. The predominance and superiority requirements under Rule 23(b)(3) are designed to ensure that the class action "achieve[s] economies of time, effort, and expense, and promote[s] . 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. Nationstar's Motion for Summary Judgment will be granted as to Tamara Robinson. It does not mount any persuasive attack on Oliver's "principles and methodology," Westberry, 178 F.3d at 261, which largely consisted of counting the number of days between events and reviewing files for a particular loan to determine whether they contained certain standard content. Updates will also be available at the toll-free number: 1-866-404-0137. Mr. Cooper Withdraws Mortgage Payments Without - Class Action 10696, 10836. Mortgage Servicing Rules Under the Real Estate Settlement Procedures Act ("Regulation X"), 78 Fed. 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. Law 13-316(c) are triggered upon the submission of a loss mitigation application, while 12 C.F.R. Law 13-316(c), the Court will grant class certification as to those class members and claims. The Court will not revisit this determination. Certification will not be granted as to the claims under 12 C.F.R. The denial letters stated that the loan's principal balance exceeded the limit under HAMP. 1998). A "borrower" may enforce the provisions of Regulation X pursuant to 12 U.S.C. 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"). Wirtz v. Specialized Loan Servicing, LLC, 886 F.3d 713, 719-20 (8th Cir. Gunnells, 348 F.3d at 427-28. 2601-2617 (2012), specifically RESPA's implementing regulations known as "Regulation X," 12 C.F.R. R. Civ. Campbell v. Nationstar Mortg., 611 F. App'x 288, 297-98 (6th Cir. 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. See Krakauer v. Dish Network, L.L.C., 925 F.3d 643, 658 (4th Cir. Although she has worked as a bookkeeper for various companies, she was not employed between March and September 2014. Indeed, Mr. Robinson testified that Mrs. Robinson did not sign the Note because she did not purchase the property with him. Furthermore, determining whether statutory damages are available will require no individualized consideration, because the pattern-or-practice claim "would be based solely on" Nationstar's conduct and can be established through sampling. 2004). DEMETRIUS ROBINSON, On Behalf of Himself and All Others Similarly Situated, Plaintiff, v. NATIONSTAR MORTGAGE LLC, Defendant. See 12 C.F.R. 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." 2d at 1366. 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. Mot. 1024.41(f), (g), and (h) because there is no evidence in the record that Nationstar violated those provisions. 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. Finally, Nationstar argues that summary judgment should be entered on the RESPA claims because the Robinsons cannot establish that they have suffered actual damages as a result of Nationstar's violations of Regulation X. See Farmer v. Ramsay, 159 F. Supp. 1024.41(b)(1). The data derived from scripts written by another expert, Abraham J. Wyner, without the benefit of seeing the databases, a process necessitated by Nationstar's unwillingness or inability to produce the relevant data. Law 13-101 to 13-411 (West 2015). Since the parties do not argue that the Nationwide Class and the Maryland Subclass differ for the purposes of the class certification analysis, the Court will analyze them together. The Magistrate Judge ordered Nationstar to run those scripts and return the electronic data to the Robinsons. Robinson v. Nationstar Mortgage, LLC. 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. TDC-14-3667, 2019 WL 4261696 (D. Md. J. "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." Deiter, 436 F.3d at 466-67. A class action claimed Nationstar violated consumer protection laws in servicing class members' mortgage loans. Notably, Oliver's analysis did not consider foreclosure information because the data produced did not include dates of foreclosure sales. Id. at 358. 2605(f), is common question of law and fact that Mr. Robinson and the class members would all be required prove in their individual cases in order to qualify for statutory damages. 1024.41(b)(2)(B), which requires that an acknowledgment letter be sent within five days of receipt of a loan modification application; or 12 C.F.R. 2012). "Mortgage servicers are entrusted with handling significant financial transactions for millions of Americans, including struggling homeowners. 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."). PDF SETTLEMENT AGREEMENT Nationstar Mortgage LLC ("Nationstar"). Class Members included all U.S. consumers who received a robocall on their cell phone from Nationstar between October 2015 and March 2016. 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. 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. 1024.41(c)(1)(i) and (d), because the Robinsons made no showing that the Rule 23 requirements were met. See supra parts I.B.1, I.B.3, I.C.1. In its Motion to Strike, Nationstar argues that Oliver's methodology has not been peer reviewed, has a high error rate because he used the wrong data fields to identify the dates of events, failed to consider the timing of foreclosure sales relative to the dates of the submission of loan modification applications, and did not propose a specific methodology for calculating damages. 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. Fla. 2009), aff'd, 398 F. App'x 467, 471 (11th Cir. If the application is denied, a notice to that effect is sent to the borrower. 12 C.F.R. 1024.41(b)(2)(B), (c)(1)(ii); Md. "[N]amed class representatives [must] demonstrate standing through a 'requisite case or controversy between themselves personally and defendants,' not merely allege that 'injury has been suffered by other, unidentified members of the class to which they belong and which they purport to represent.'" An expert's testimony is "critical" where it is "important to an issue decisive for the motion for class certification." How do I get my check reissued? even after that settlement was reached. Corp. ("McLean I"), 595 F. Supp. Cent. Code Ann., Com. "Since then, we have continued to invest in technology, people, and leadership to ensure that our compliance and risk management programs not only meet our regulators' expectations but also support sustainable growth and maintain our position as an industry leader.". May 31, 2016), the plaintiff had signed the deed of trust but not the promissory note but was nevertheless deemed to have standing because she had owned the home with a right of survivorship with her deceased husband, who had signed the note. Nationstar employees use four software applications and databases to store and track electronic information relating to loans: (1) Loan Services and Accounting Management System ("LSAMS"), Nationstar's primary loan servicing software, which contains data for loans, including the permanent records of the accounting history, communication logs, and letters documented with codes that were sent to the borrower; (2) Remedy Star, Nationstar's proprietary loss mitigation and loan modification management system, which, among other tasks, tracks the status and timeline of a loan modification and links to documents stored in FileNet; (3) LPS Desktop ("LPS"), an application which Nationstar uses to track and manage foreclosure processes and communicate with outside attorneys; and (4) FileNet, a platform that houses PDF images of documents, including letters sent to borrowers by Nationstar. CFPB Director Kathleen Kraninger said in a statement. Nationstar claims that manual review of each file would take about 60 to 90 minutes per file. . 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." 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. Md. Some courts have held that administrative costs that predate the alleged RESPA violation cannot constitute "actual damages." See 12 C.F.R. Sept. 2, 2015).Carrollton Regional Medical Center Affiliation Verification, How To Cancel Heist Prep Cayo Perico, Pahrump Breaking News, The Hmong In California Cultural Issues And Trends, Michael Stern Jds Wife, Articles R