16-0117, 2017 WL 4347826, at *15 (D. Md. See Fed. . Similarly, since Mr. Robinson has not suffered injury under these provisions, he may not bring those claims on behalf of the class. A plaintiff has the burden to show that all of the necessary prerequisites for a class action have been met. The relevant rule prohibits an attorney from "offer[ing] an inducement to a witness that is prohibited by law." The economic challenges and burdens that homeowners currently face are similar to the ones experienced following the Great Recession. See, e.g., Ward v. Dixie Nat. See 12 C.F.R. 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. The Motions are fully briefed, and no hearing is necessary to resolve the issues. McAdams v. Nationstar Mortg. Law 13-301(1). Finally, the Court finds that common issues of law and fact predominate. 2001) (striking expert testimony because of a contingent fee arrangement), aff'd, 43 F. App'x 547 (4th Cir. Filing fee paid $ 402, Receipt number AOHNDC-10680087. 12 U.S.C. . The Federal Rules of Evidence do not prohibit these kinds of arrangements. McLean v. GMAC Mortg. Baez, 709 F. App'x at 983. the same interest in establishing the liability of defendants." at *2. During this time and up until September 25, 2017, Nationstar had not begun any foreclosure proceedings on the Robinsons' home. Nationstar Mortgage agreed to settle an action commenced by the Consumer Financial Protection Bureau for $91 million to resolve allegations surrounding mortgage servicing misconduct and deceptive practices that resulted in financial harm to borrowers. Robinson et al v. Nationstar Mortgage LLC - law360.com Id. 3d at 1014. CFPB Takes Action Against Nationstar Mortgage for Flawed Mortgage Loan MCC JR 530. A fact is "material" if it "might affect the outcome of the suit under the governing law." 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. 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. See Tyson Foods, 136 S. Ct. at 1046-47 (holding that representative sampling was a permissible method to prove whether time spent donning and doffing gear resulted in violations of the Fair Labor Standards Act). Id. Courts have held that a person who did not sign the promissory note is not a "borrower" for the purposes of RESPA because that individual has not "assumed the loan." Robinson v. Nationstar Mortg. LLC - Casetext 1024.41(i). at 152. McLean v. GMAC Mortg. A $3.8 million settlement has been reached in a Nationstar convenience fee class action lawsuit, which claimed that the mortgage lender wrongfully charged convenience fees to their consumers when making payments on past due accounts. Although based on imperfect data, Oliver's expert report reveals that such analysis can substantially address whether Nationstar violated 12 C.F.R. . Nationstar asserts that Oliver's testimony should be stricken because this fee arrangement includes an unethical contingency fee. J. Particularly where a class may be certified even if individualized damages calculations would be necessary, the incomplete nature of the damages analysis does not provide a basis for striking Oliver's expert testimony. The Fourth Circuit has stated that 74 members is "well within the range appropriate for class certification," Brady v. Thurston Motor Lines, 726 F.2d 136, 145 (4th Cir. Moreover, because borrowers often submit multiple loan modification applications, and because Nationstar's data is stored at the loan level, not at the application level, Nationstar claims that it is not possible to tell from the data alone, without reviewing the files, whether a status or code change is in response to a specific loan modification application. See Krakauer v. Dish Network, L.L.C., 925 F.3d 643, 658 (4th Cir. 1024.41(h)(1), (4). 12 C.F.R. The company has already paid about $57.5 million in restitution to affected consumers, according to the CFPB. Consumer Financial Protection Bureau and Multiple States Enter into 1972). He asserted that the amount of fees was calculated based on Nationstar's statements, but he could not specify the nature of the fees. R. Evid. 143. The Complaint asserts two claims. 2d 452, 468 (D. Md. 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. 1967). 2605(f)(2); Wirtz, 886 F.3d at 719-20, that the individualized damages inquiry would need to precede the award of statutory damages based on a finding of a pattern-or-practice of RESPA violations is a distinction without a difference: whether individual damages are shown before or after the pattern-or-practice liability, the common issues of liability predominate over the individualized questions of damages. 1024.41(i). 8:2014cv03667 - Document 18 (D. Md. 1993) (quoting Blum v. Yaretsky, 457 U.S. 991, 1001 n.13 (1982)). Day to address discovery issues. 2010) (holding that a plaintiff who "was not a borrower or otherwise obligated on the . 2605(f)(1)(B), a borrower cannot recover these additional damages "without first recovering actual damages." Corp., 546 F.2d 530, 538-39 (3d Cir. But see Sutton v. CitiMortgage, Inc., 228 F. Supp. 1024.41(f), (g), and (h) because there is no evidence in the record that Nationstar violated those provisions. 3d 1011, 1015 (W.D. THEODORE D. CHUANG United States District Judge. A borrower may enforce violations of these provisions through a private cause of action pursuant to 12 U.S.C. 1024.41(a). Id. Summ. AG Shapiro Secures $2.75 Million for Pennsylvania Mortgage Loan Actual damages may also include "non-pecuniary damages, such as emotional distress and pain and suffering." It follows that only borrowers may bring a claim that a loan servicer has violated Regulation X. 1024.41(b)(2)(i)(B), which requires that an acknowledgment letter be sent within five days of receipt of a loss mitigation application; 12 C.F.R. Accordingly, Nationstar did not send the Robinsons an acknowledgment letter within five days stating that it had received the application, as required by Regulation X. The Court will therefore deny the Motion for Summary Judgment as to this argument. 2013) (holding that the plaintiff sufficiently pleaded actual injury or loss under the MCPA where he alleged that he suffered "bogus late fees," damage to his credit, and attorney's fees); see also Cole v. Fed'l Nat'l Mortg. Code Ann., Com. After March 2014, Mrs. Robinson was primarily responsible for communicating with Nationstar and PaCE. Hickerson, 882 F.3d at 480 (quoting Cooper, 259 F.3d at 199). 1024.41(c)(1)(ii), which requires a servicer to respond to a completed loan modification application; or Md. 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. Indeed, Mr. Robinson testified that Mrs. Robinson did not sign the Note because she did not purchase the property with him. JA 130. Life Ins. In assessing the Motion, the Court views the facts in the light most favorable to the nonmoving party, with all justifiable inferences drawn in its favor. 26-1. R. Civ. ; 78 Fed. MCC JR 318, 530-531. Bouchat, 346 F.3d at 522. HARRISBURG Attorney General Josh Shapiro, as part of a multistate effort, today announced that his office obtained an $86.3 million settlement from Nationstar Mortgage, the country's fourth-largest mortgage servicer. Nationstar Mortgage LLC v. Demetrius Robinson 1024.41(f), (g), and (h), and Md. Compl. 1998). 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. Rather, the Court finds, based on the reasoning of Tagatz and Universal Athletic Sales, that the potential violation of an ethical rule does not itself make Oliver's testimony inadmissible. . Robinson v. Nationstar Mortg. LLC - Casetext . 2015). 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." 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. A "borrower" may enforce the provisions of Regulation X pursuant to 12 U.S.C. 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." Law 13-316(c) are triggered upon the submission of a loss mitigation application, while 12 C.F.R. Although each class member must individually show that they suffered "actual damages" under 12 U.S.C. 2012) (citing Lloyd v. Gen. Motors Corp., 916 A.2d 257, 277 (Md. For the following reasons, the Motion for Summary Judgment will be GRANTED IN PART and DENIED IN PART; the Motion to Strike will be DENIED; and the Motion for Class Certification will be GRANTED IN PART and DENIED IN PART. Those claims arose from Nationstar's alleged Order at 2, ECF No. Id. 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." 15-0925, 2015 WL 5165415, at *4 (D. Md. Id. Id. Code Ann., Com. 2601 et seq. 1976). 2004). Code Ann., Com. Id. Code Ann., Com. To view the settlement agreement and consent order, please visit the CSBS's website. Part 1024). 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. 1024.41(c)(1)(i). The entry under "objected" acts as a unique identifier for an electronic file, but it does not contain information about the file's substance and could in fact contain multiple submissions or documents relating to one borrower. Since the Court has already concluded that Nationstar is entitled to summary judgment on the Robinsons' claims under 12 C.F.R. That notice must be provided within 30 days of receiving the complete loss mitigation application. . Therefore, Nationstar was required to comply with section 1024.41 in processing it. Cal. Nationstar denies all allegations of wrongdoing and no judgment or determination of wrongdoing has been made. Ballard v. Blue Shield of S.W. 2013). When combined with the state settlements, Nationstar is on the hook to pay a total of $91 million overall: $85 million to harmed consumers and $6 million in civil penalties. Because of the need to protect the rights of absent plaintiffs to assert different claims and of defendants to assert facts and defenses specific to individual class members, courts must conduct a "rigorous analysis" of whether a proposed class action meets the requirements of Federal Rule of Civil Procedure 23 before certifying a class. Co., 595 F.3d 164, 179 (4th Cir. . In contrast, Nationstar maintains that there is no way to reliably identify when a loss mitigation application is submitted or complete using codes and status change entries in its existing software, and that the only way to make those determinations is through a file-by-file review. or misleading oral or written statement . 2002), is misplaced. 2003). 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. A Division of NBC Universal. Certification will also be denied as to the claim under 12 C.F.R. Id. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). 13-316(e)(1). J. Nationstar also asserts that the Robinsons have not identified evidence sufficient to support their MCPA claims. If the Court approves the Settlement and it becomes final and effective, and you remain in the Settlement Class, you will receive a payment. (kw2s, Deputy Clerk) Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! 2007)), aff'd sub nom. 1024.41(f), (g), and (h) and Md. 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.
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