Signed by Judge Theodore D. Chuang on 8/18/2015. 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. Nationstar's Motion will be denied as to this claim. When Nationstar received the application, it prevented late fees from being assessed and put a hold on any foreclosure proceedings. These rights and optionsand the deadlines to exercise themare explained further on the Frequently Asked Questions page of this website and in the Notice. 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. Many impacted consumers have already received refunds and more will be contacted by the settlement administrator in the coming weeks. Id. USCA4 Appeal: 21-1087 Doc: 38 Filed: 06/15/2021 Pg: 9 of 33 As of November 22, about 2.8 million homeowners were in a forbearance plan, according to the latest research from the Mortgage Bankers Association. The first of these prerequisites is that the class must exist and be "readily identifiable" or "ascertainable" by the court through "objective criteria." Summary judgment will therefore be entered for Nationstar on the claims that Nationstar violated subsections (f) and (g). In its complaint, filed in federal district court in the District of Columbia, the Bureau alleges that Nationstar engaged in unfair and deceptive acts and practices in violation of the Consumer Financial Protection Act of 2010, violated the Real Estate Settlement Procedures Act (RESPA), and violated the Homeowner's Protection Act of 1998 (HPA). (quoting East Tex. Tagatz v. Marquette Univ., 861 F.2d 1040, 1042 (7th Cir. Nationstar Mortgage Convenience Fee Class Action Settlement Id. 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. Order, ECF No. which has the capacity, tendency, or effect of deceiving or misleading consumers." The Final Approval Order, approving the Class-wide Settlement, was entered December 11, 2020. 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(b)(1), (b)(2)(i)(B), and (c)(1)(ii) and Md. 15-05811, 2016 WL 3055901 (N.D. Cal. 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. 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. Baez, 709 F. App'x at 983. Law 13-316(c) are triggered upon the submission of a loss mitigation application, while 12 C.F.R. Date: September 9, 2019, Civil Action No. Make your practice more effective and efficient with Casetexts legal research suite. at 983 (quoting 12 U.S.C. Compl. . If a borrower is experiencing issues or not getting the help needed, contact your state attorneys general. The Motions are fully briefed, and no hearing is necessary to resolve the issues. Joint Record ("MSJ JR") 0102. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). Code Ann., Com. If the application is denied, a notice to that effect is sent to the borrower. MCC JR 530. 1024.41(b)(1). (quoting 7AA Charles Allan Wright et al., Federal Practice and Procedure 1778 (3d ed. This field is for validation purposes and should be left unchanged. Distribution of funds to Class Members, however, could not occur because a member of the Class filed an objection to the Settlement and a subsequent appeal to the U.S. Court of Appeals for the Fourth Circuit. 3d 1011, 1015 (W.D. 1024.41 The Court will address the varying claims in turn. 1024.41. Tenn. Aug. 28, 2018) (holding that a spouse who signed a deed of trust stating that a person who did not sign the promissory note was not obligated on the security instrument, but did not sign the promissory note, was not a borrower under RESPA). 1024.41(d). Code Ann., Com. 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. 1024.41(h)(1), (4). 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. Some courts have held that administrative costs that predate the alleged RESPA violation cannot constitute "actual damages." Code Ann., Com. R. Civ. 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. P. 23(a)(1). 1024.41(a). "); cf. 12 U.S.C. 1024.41(a). He asserted that the amount of fees was calculated based on Nationstar's statements, but he could not specify the nature of the fees. If you were contacted on your cell phone by a company via an . Wesleyan Coll. 12 U.S.C. Life Ins. See MCC JR0529-31. The denial letters stated that the loan's principal balance exceeded the limit under HAMP. 1984), and has upheld the certification of a class with as few as 18 members, Cypress v. Newport News Gen. & Nonsectarian Hosp. 2605(f). From this approach, Oliver concluded that for approximately 60 percent of the sampled loans, Nationstar failed to comply with the requirement that it inform the borrower of loss mitigation application determination within 30 days of receiving a complete application. 120. This Court previously held that a loan modification application can be an inquiry under the MCPA that triggers a duty to respond, and that in the case of the Robinsons, the loan modification application that was "submitted at the request of Nationstar[] necessarily seeks a response." 2013). 1024.41(h)(1), (4). 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. 2d 1360, 1366 (S.D. Reg. 1024.41(i). Class Certif. Robinson et al v. Nationstar Mortgage LLC, No. 8:2014cv03667 - Justia Law 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. That claim will be subject to common proof, namely sampling and analysis of loan files along the lines suggested by Oliver. 1987) (holding, in the context of an informant who is paid a contingent fee, that the fee should be treated "as a credibility factor"). DEMETRIUS ROBINSON and TAMARA ROBINSON, Plaintiffs, v. NATIONSTAR MORTGAGE LLC, Defendant. The trial court granted the motion over the Robinsons' objection, noting in its order that Nationstar had now waived its claim for attorney feesthe claim that had been the sole impediment to a final judgment being entered after the trial court granted Nationstar's request to reopen the evidence after entry of the initial final judgment. 1024.41(f), (g), and (h); and (4) there is no evidence of actual damages from any RESPA violation. The Nationstar Mortgage Unwanted Phone Calls Class Action Lawsuit is Wright, et al. 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. 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." Bouchat v. Balt. The Magistrate Judge ordered Nationstar to run those scripts and return the electronic data to the Robinsons. 2010). 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." 702. The fee arrangement will be considered as an issue potentially affecting the credibility, rather than the admissibility, of the expert testimony. Subsequent Loss Mitigation Application. For example, in EQT, the court concluded that a proposed class of all individuals who owned an interest in a gas estate was not ascertainable because the actual owners could be determined only through an individualized review of land records. . Anderson, 477 U.S. at 248. Law 13 . A "borrower" may enforce the provisions of Regulation X pursuant to 12 U.S.C. See Robinson v. Nationstar Mortg. She alleges Nationstar was sent multiple disputes by both Experian and Equifax with documentation showing the debt was forgiven, yet Nationstar persisted in reporting the debt as valid. 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." Order at 2, ECF No. Id. 2010). At a minimum, the question of when a loss mitigation application is "complete" under RESPA within the workflow of Nationstarwhether at the time of the processor's designation of the file as complete or at a later stageis a significant unresolved question of law and fact that would be common to all RESPA claims against Nationstar.

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