1024.41(i). 15-3960, 2017 WL 623465, at *8 (D. Md. Law 13 . See Hayes v. Wal-Mart Stores, Inc., 725 F.3d 349, 356-57 (3d Cir. On July 16, 2018, the Court affirmed the Magistrate Judge's ruling and required Nationstar to produce all outstanding "records subject to discovery orders." at 983. 1967). 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. See Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 178 (1974) ("In determining the propriety of a class action, the question is not whether the plaintiff or plaintiffs have stated a cause of action or will prevail on the merits, but rather whether the requirements of Rule 23 are met."). Nationstar's failings resulted in "substantial consumer harm," CFPB Director Kathleen Kraninger said in a statement. See Baby Neal for and by Kanter v. Casey, 43 F.3d 48, 56-57 (3d Cir. Cal. When Nationstar received the application, it prevented late fees from being assessed and put a hold on any foreclosure proceedings. Likewise, the articulated concern that Nationstar would not be required to respond to loss mitigation applications filed within a certain number of days of a foreclosure sale, can be addressed through the provision of data relating to the dates of scheduled foreclosure sales. 12 U.S.C. In their Motion for Class Certification, the Robinsons seek certification of two classes. According to Oliver, to determine that certain disclosures or specific information were conveyed to borrowers, the "objectid" field used in FileNet can be used to identify the type of letter sent. Class Action Claims Nationstar Mortgage Unlawfully Failed to Pay Corp. ("McLean II"), 398 F. App'x 467, 471 (11th Cir. Fed. . The Complaint asserts two claims. Deiter, 436 F.3d at 466-67. 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). Therefore, Nationstar was required to comply with section 1024.41 in processing it. In support of this argument, Nationstar contends that the ethical rules for attorneys prohibit contingency fee arrangements with expert witnesses. The public policy interest at issue was one against "stirring up litigation or promoting litigating for the benefit of the promoter rather than for the benefit of the litigant or the public," an interest not implicated in the same manner by the fee arrangement with the particular expert witness in this case. 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. Nationstar ultimately became the servicer of the Robinsons' loan. . 2006). Wirtz v. Specialized Loan Servicing, LLC, 886 F.3d 713, 719-20 (8th Cir. Nationstar Mortgage TCPA Class Action Settlement See Md. 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. 28, 2017). The Court will not revisit this determination. As for typicality, the named plaintiff must be "typical" of the class, such that that the class representative's claim and defenses are "typical of the claims or defenses of the class" in that prosecution of the claim will "simultaneously tend to advance the interests of the absent class members." Id. McLean I, 595 F. Supp. See id. 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. Robinson et al v. Nationstar Mortgage LLC, No. 8:2014cv03667 - Justia Law However, Nationstar did not comply with all requirements of Regulation X, which became effective on January 10, 2014. While Mrs. Robinson stated that she was conducting bookkeeping for Green Earth Services during the relevant time frame, she testified that her work was less than six hours per week, and the Robinsons have not shown that her time spent communicating with Nationstar "resulted in actual pecuniary loss" to Mr. Robinson or the business. Law 13-316(c), which requires a response to a mortgage servicing complaint or inquiry within 15 days. Once the documents are received, the Remedy Star substatus and LSAMS code are changed again to mark the application complete. P. 23(b)(3). Code Ann., Com. The cases cited by the Robinsons do not alter the Court's conclusion. Thorn v. Jefferson-Pilot Life Ins. 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. Contact the Class Action Administrator at 1-855-917-3477 (Toll-Free). Although the Robinsons contend that they would have pursued other loss mitigation options in the absence of the RESPA violations, they have not identified any such options in a way that would permit a calculation of damages associated with any lost opportunity. Robinson, 2015 WL 4994491, at *4 (citing Marchese v. JPMorgan Chase Bank, N.A., 917 F. Supp. 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. McAdams v. Nationstar Mortg. Nationstar filed a notice of settlement and a joint motion to proceed before a magistrate . P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). 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. Id. Reg. To view the settlement agreement and consent order, please visit the CSBS's website. In the case of Tony Robinson and Debra Robinson vs Nationstar Mortgage, LLC, the appeals court ruled that the lender did not actually have the right to foreclose on the property. 2013). R. Civ. Fed. 702, 703. 16-0117, 2017 WL 4347826, at *15 (D. Md. 1024.41(i). The Robinsons assert, and Nationstar does not argue otherwise, that litigation regarding Regulation X is not proceeding against Nationstar in another forum. For example, Nationstar's own internal procedures reveal that when a loss mitigation application is received, a processor reviews it to determine if all required information and documents have been received, and enters one code, specifically "code HMPC" in LSAMS signifying "Financial Application Complete," and a different code, specifically "code HMPA," signifying "Financial Application Incomplete." 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. . "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.". 2016) (dicta). Gunnells v. Healthplan Serv., Inc., 348 F.3d 417, 458 (4th Cir. McLean II, 398 F. App'x at 471. 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. At this juncture, this allegation plausibly supports a finding of willful noncompliance. In addition to the fines and restitution, Delaware Attorney General Kathleen Jennings said the settlements require Nationstar to adhere to increased "servicing standards." 09-08213, 2011 WL 11651320 (C.D. And given that the class includes all borrowers who have submitted an application since January 10, 2014, joinder of all members is eminently impractical. If a borrower is experiencing issues or not getting the help needed, contact your state attorneys general. Mr. Robinson then submitted another loan modification application on August 25, 2014. Code Ann., Com. See id. On February 16, 2017, the Court referred the case to United States Magistrate Judge Charles B. Law 13-316(c), the Court will grant class certification as to those class members and claims. Nationstar seeks summary judgment on the Robinsons' RESPA claims on the grounds that (1) Mrs. Robinson is not a proper plaintiff because she is not a "borrower" within the meaning of RESPA; (2) RESPA is inapplicable because Nationstar was required to comply with Regulation X only as to the Robinsons' first loss mitigation application; (3) there is no evidence to support a violation of 12 C.F.R. See 12 C.F.R. 2. 2012). Nationstar denies all allegations of wrongdoing and no judgment or determination of wrongdoing has been made. 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. Id. He was retained by the Robinsons under an arrangement through which he is to be paid a flat fee of $125,000: $62,500 up front, with an additional $62,500 to be paid if a class is certified in this case. Because such a common question would have to be resolved in many if not all individual cases, it advances, rather than undermines, the argument in favor of predominance. 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 plaintiff's claim "cannot be so different from the claims of absent class members that their claims will not be advanced by" proof of the plaintiff's own individual claim. It follows that only borrowers may bring a claim that a loan servicer has violated Regulation X. If the initial application is complete, the substatus in Remedy Star is changed to refer the application to an underwriter for review, and an additional code is added in LSAMS. 3d 712, 728 (S.D. 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." Robinson v. Nationstar Mortg. LLC, Civil Action No. TDC-14-3667 While it is not necessary to identify every class member at the time of certification for a class to be "ascertainable," a class cannot be certified if its membership must be determined through "individualized fact-finding or mini-trials." 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. More importantly, while a determination of an individual violation would not require extensive analysis, specific proof of a pattern or practice of RESPA violations in any individual case would be a substantial undertaking, likely requiring the same type of complex analysis proposed here: a sampling of Nationstar files, compilation of all relevant data for such files, expert analysis to identify violations, and an assessment whether the identified violations are sufficient to establish a pattern or practice of violations.
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