robinson v nationstar settlement checkrobinson v nationstar settlement check

2012). 12 U.S.C. EQT Prod. Id 1024.41(c)(1). 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. Specifically, the application itself would have to be reviewed to determine when it was stamped as received by Nationstar. 1024.41(f), (g), and (h), and Md. Notably, Oliver's analysis did not consider foreclosure information because the data produced did not include dates of foreclosure sales. . . Compl. Similarly, though the precise nature of the fees imposed was not specified, it is reasonable to infer that some were attributable to delays linked to RESPA violations. 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. 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. 2605(f)(2). et al (6:21-cv-00380), Oklahoma Eastern District Court, Filed: 12/23/2021 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . 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. The Court will therefore deny the Motion for Summary Judgment as to this argument. 1024.41(d). Settlement Website www.AutomatedPhoneCallSettlement.com Claims Administrator Wright et al. Nationstar, the fourth-largest mortgage servicer in the U.S., is set to pay $91 million to settle claims brought by the Consumer Financial Protection Bureau and state attorneys general alleging that the company failed to honor mortgage forbearance agreements and unfairly foreclosed on homeowners. 2010) (holding that a plaintiff who "was not a borrower or otherwise obligated on the . 325 0 obj <>stream Updates will also be available at the toll-free number: 1-866-404-0137. Jennings' office said that these new standards are more robust than existing law and will be in place for three years starting in January 2021. The distinction is crucial. Id. Because Oliver's methodology is reliable within the meaning of Federal Rule of Civil Procedure 702 and Daubert, Nationstar's Motion to Strike will be denied. In their Motion for Class Certification, the Robinsons seek certification of two classes. at 983 (quoting 12 U.S.C. 125. On May 5, 2014, Nationstar asked the Robinsons for additional information to evaluate the appeal, including documents to verify their income. Law 13-301(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. 1024.41 (2019), and the Maryland Consumer Protection Act ("MCPA"), Md. 8:2014cv03667 - Document 18 (D. Md. The Court will address the varying claims in turn. Since it is the plaintiff's burden to establish that the requirements of Rule 23 have been met and Mr. Robinson has failed to do so, the Motion for Class Certification will be denied as to any claims that Nationstar violated 12 C.F.R. Id. In Frank v. J.P. Morgan Chase Bank, N.A., No. 1984), and has upheld the certification of a class with as few as 18 members, Cypress v. Newport News Gen. & Nonsectarian Hosp. Reg. 2016) ("[F]ortuitous non-injury to a subset of class members does not necessarily defeat certification of the entire class, particularly as the district court is well situated to winnow out those non-injured members at the damages phase of the litigation, or to refine the class definition. at 359-60. The Deed specifies that a person who signs it but "does not execute the note" is a co-signer of the Deed in order to mortgage and convey that person's interest in the Property under the terms of the Deed, but "is not personally obligated to pay the sums secured by this Security Instrument," and her consent is not required to alter the terms of the Deed or the Note. 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. "[A] trial court should consider the specific factors identified in Daubert where they are reasonable measures of the reliability of expert testimony." Id. Actual damages may also include "non-pecuniary damages, such as emotional distress and pain and suffering." White setting Settlement Conference for 10/3/2023 at 9:00 AM in Chambers, Room 327, US Courthouse, . How do I get my check reissued? Finally, the named plaintiff must "fairly and adequately protect the interests of class" without a conflict of interest with the absent class members. Reg. The fact that each borrower must individually show damages under 12 U.S.C. See MCC JR0529-31. Nationstar's claim that the above-described coding is not dispositive, because an underwriter could subsequently determine that more information was needed after all, is not persuasive. 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. Call Us Today (202) 973-0900Your Call is Confidential. %%EOF Cent. 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. . Corp. ("McLean I"), 595 F. Supp. J. 2605(f)(1)(A); see 12 C.F.R. Section 13-316(c) governs "mortgage servicing" and, among other requirements, provides that a "servicer shall designate a contact to whom mortgagors may direct complaints and inquiries" and that the "contact shall respond in writing to each written complaint or inquiry within 15 days if requested." Here, Mrs. Robinson signed the Deed but did not sign the Note. Baez, 709 F. App'x at 983. Thus, Mrs. Robinson is not "obligated" to pay the amount due on the Note and therefore is not a "borrower" for purposes of RESPA. The cases cited by the Robinsons do not alter the Court's conclusion. For the claims that rely on the timing of a response, Oliver and the Robinsons propose using changes in the Remedy Star substatus or LSAMS codes and documents stored in FileNet to identify the date a loan modification application was received or marked as complete, to identify the date a response was sent, and to count the number of days between events. Code Ann., Com. He asserts that damages to borrowers can be calculated based on entries in LSAMS and other data showing that fees were assessed, and that it would be possible to identify which fees would not have been assessed but for a RESPA violation. 1024.41(a). 218. 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. 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. R. Civ. In this photo illustration, the Nationstar Mortgage Holdings Inc. logo seen displayed on a smartphone. While several district courts have concluded that loss mitigation applications submitted before Regulation X's effective date do not count as the single application for which a loan servicer must comply with Regulation X, see, e.g., Farber v. Brock & Scott, LLC, No. See Farber, 2017 WL 4347826 at 15; Billings, 170 F. Supp. 1990) (citing Universal Athletic favorably for this proposition). It will be otherwise denied. Specifically, the loan servicer failed to honor borrowers' loan modification agreements. 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. This case arises from a class action alleging that Nationstar Mortgage LLC violated federal and state consumer-protection laws in servicing the class members' mortgage loans. 1024.41(c)(1)(ii), which requires a servicer to respond to a loan modification application within 30 days of receipt of a complete loss mitigation application and provide notice of appeal rights; 12 C.F.R. . Law 13-316(c) are triggered upon the submission of a loss mitigation application, while 12 C.F.R. Presently pending is Nationstar's Motion for Summary Judgment, Nationstar's Motion to Strike, and the Robinsons' Motion for Class Certification. Law 13-316(c). . Tagatz v. Marquette Univ., 861 F.2d 1040, 1042 (7th Cir. 19-303.4 cmt.3. See Krakauer v. Dish Network, L.L.C., 925 F.3d 643, 658 (4th Cir. In the samples . On August 20, 2014, when Mrs. Robinson called to check on the status of the application, a Nationstar representative told her that the paperwork had gone to the wrong loss mitigation division and that the Robinsons needed to submit their application again. 1972). Under Federal Rule of Civil Procedure 56(a), the Court grants summary judgment if the moving party demonstrates that there is no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. 1024.41(c)(1)(ii), which requires a servicer to respond to a completed loan modification application; or Md. Id. Code Ann., Com. Feb. 14, 2017) (holding that the plaintiff sufficiently pleaded damages under the MCPA where she alleged that the defendant's failures to respond "resulted in the continual assessment of accruing interest, fees and costs on the mortgage account," as well as "stress, physical sickness, headaches, sleep deprivation, worry, and pecuniary expenses"). The Robinsons assert that they have paid a total of $6,147.12 in unspecified fees to Nationstar. Corp., 546 F.2d 530, 538-39 (3d Cir. Md. A complete loss mitigation application is "an application in connection with which a servicer has received all the information that the servicer requires from a borrower in evaluating applications for the loss mitigation options available to the borrower." 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. Law 13-316(c). 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. Before the error was discovered, Mr. Robinson appealed this offer as insufficient on April 10, 2014. A dispute of material fact is only "genuine" if sufficient evidence favoring the nonmoving party exists for the trier of fact to return a verdict for that party. 1024.41(f), (g), and (h) because there is no evidence in the record that Nationstar violated those provisions. The Court does not find such a prohibition in the Maryland Attorneys' Rules of Professional Conduct. 2003) ("[I]f Lierboe has no stacking claim, she cannot represent others who may have such a claim, and her bid to serve as a class representative must fail. See Wirtz, 886 F.3d at 719-20. 2016) (dicta). 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. 1024.41(f), (g), and (h); and (4) there is no evidence of actual damages from any RESPA violation. 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. Filed by Janie Robinson. Under subsection (h), if a loan servicer receives a complete loss mitigation application more than 90 days before a foreclosure sale but then denies the application, the servicer must allow the borrower to appeal and must respond to the appeal within 30 days of receiving it. Filing fee paid $ 402, Receipt number AOHNDC-10680087. Robinson, 2015 WL 4994491, at *4 (citing Marchese v. JPMorgan Chase Bank, N.A., 917 F. Supp. Signed by Judge Theodore D. Chuang on 8/18/2015. According to Oliver, if he used incorrect data, that was a result of the limited data fields and definitions provided to him. 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. 2605(f). The servicer "is liable for any economic damages caused by the violation." 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." Local R. 105.6. Co., 350 F.3d 1018, 1023 (9th Cir. Id. LLC, No. Date: September 9, 2019, Civil Action No. They have claimed $141,000 in interest; $6,147.12 in fees assessed by Nationstar; $2,275 in consulting fees; $50.58 in administrative costs; and lost time and labor of approximately 120 hours; as well as punitive and statutory damages. P. 23(a)(4); Ward v. Dixie Nat'l Life Ins. 12 U.S.C. Gunnells, 348 F.3d at 427-28. The fee arrangement will be considered as an issue potentially affecting the credibility, rather than the admissibility, of the expert testimony. 12 C.F.R. 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. Summ. Current Outline Item. In addition, Nationstar asserts that not all loan modification applications referred to an underwriter are complete. Code Ann., Com. The company has already paid about $57.5 million in restitution to affected consumers, according to the CFPB. . See 12 C.F.R. Instead, the Robinsons assert that Nationstar has not affirmatively proven that it conducted such reviews. 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."

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