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In 2007, Mr. Robinson obtained a loan with the principal amount of $755,000 to refinance the property. Id. 2004). Portland, OR 97208-3560. See MCC JR0529-31. Robinson v. Nationstar Mortgage, LLC 1:2021cv00452 | US District Court for the Northern District of Ohio | Justia Log In Sign Up Find a Lawyer Ask a Lawyer Research the Law Law Schools Laws & Regs Newsletters Marketing Solutions Justia Dockets & Filings Sixth Circuit Ohio Northern District Robinson v. Nationstar Mortgage, LLC Robinson v. 17-0982, 2018 WL 4111938, at *5-6 (M.D. 1024.41(b)(2)(B), (c)(1)(ii); Md. 1024.41(c)(1)(ii), which requires a servicer to respond to a completed loan modification application; or Md. Id. An "unfair or deceptive" trade practice includes a "false . Moreover, the possibility that some members of the class as defined by the Robinsons have not suffered any injury cognizable under RESPA or MCPA does not preclude certifying the class. Fed. Co., 350 F.3d 1018, 1023 (9th Cir. After attempts to modify the loan failed, the Robinsons filed a class action Complaint against Defendant Nationstar Mortgage, LLC ("Nationstar") for alleged violations of the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. 2d 873, 883 (D. Md. ("Opp'n') 13, ECF No. A Scheduling Order was first entered on November 24, 2015, and the period for discovery was extended four times between November 2015 and January 2017. 12 U.S.C. At this juncture, this allegation plausibly supports a finding of willful noncompliance. . USCA4 Appeal: 21-1087 Doc: 38 Filed: 06/15/2021 Pg: 9 of 33 McLean I, 595 F. Supp. Although Monday's case specifically addresses Nationstar's actions following the Great Recession, the outcome can affect today's homeowners, says Kwame Raoul, attorney general of Illinois. The Robinsons' Motion for Class Certification will be GRANTED IN PART and DENIED IN PART. Nationstar also allegedly foreclosed on borrowers with pending forbearance applications after promising not to do so and failed to properly handle escrow payments and accounting for homeowners who were in Chapter 13 bankruptcy proceedings. Robinson v. Nationstar Mortgage LLC (8:14-cv-03667) 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. More Information In its Motion to Strike, Nationstar moves to strike the report of the Robinsons' expert witness, Geoffrey Oliver, on the grounds that (1) Oliver was hired pursuant to an ethically improper contingency fee agreement; and (2) his testimony does not meet the requirements of Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). At the time, Nationstar had not completed the process of updating its systems to conform to those requirements. Nationstar Mortgage Agrees to $91M Settlement with the CFPB In Robinson v., Under the RESPA, civil liability is limited to "borrowers": "[w]hoever fails to comply with any provision of, Full title:DEMETRIUS ROBINSON and TAMARA ROBINSON, Plaintiffs, v. NATIONSTAR MORTGAGE, Court:UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND. This is not the first time Nationstar has been the subject of federal and state investigations. R. Civ. Instead, he analyzed certain data fields that were returned by the scripts written by a different expert. 2605(f)(2) is not fatal to the predominance inquiry. Gunnells v. Healthplan Serv., Inc., 348 F.3d 417, 458 (4th Cir. R. Civ. Some courts have held that administrative costs that predate the alleged RESPA violation cannot constitute "actual damages." 2605(f)(1)(A); see 12 C.F.R. 143. The Court will therefore deny the Motion for Summary Judgment as to this argument. uniformity of decision as to persons similarly situated, without sacrificing procedural fairness or bringing about other undesirable results." 2601-2617 (2012), specifically RESPA's implementing regulations known as "Regulation X," 12 C.F.R. Reg. 1967). If the application is denied, a notice to that effect is sent to the borrower. "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." Robinson et al v. Nationstar Mortgage LLC - law360.com Plaintiff and Class Representative Demetrius Robinson, along with Class Counsel Tycko & Zavareei LLP and The Bestor Law Firm, respectfully move this Court for an award of $1,300,000 in reasonable attorneys' fees and expenses, as well as a $5,000 service award for Mr. Robinson. First, Nationstar correctly notes that Mr. Robinson, in his Motion, and Oliver, in his expert report, do not put forward any evidence establishing that the necessary prerequisites for a class action have been met with respect to the claim that Nationstar did not evaluate borrowers "for all loss mitigation options available to the borrower," in violation of 12 C.F.R. TDC-14-3667 (D. Md. See Robinson v. Nationstar Mortg. Id. TDC-14-3667, 2019 WL 4261696 (D. Md. 125. The loan is then evaluated for loan modification options. Discovery Order, ECF No. Fed. The commonality requirement is also met. 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. Id. 26-1. 20-cv, -2202, 2021 WL 4462909, at *1 (S.D. Id. 1024.41(b)(1). Robinson, 2015 WL 4994491, at *4 (citing Marchese v. JPMorgan Chase Bank, N.A., 917 F. Supp. P. 23(b)(3). Sept. 9, 2019), there were multiple other claims at issue, for which Oliver's expert report seemed better suited to address. Id. Reg. R. Evid. See Tyson Foods v. Bouaphakeo, 136 S. Ct. 1036, 1045 (2016) ("When 'one or more of the central issues in the action are common to the class and can be said to predominate, the action may be considered proper under Rule 23(b)(3) even though other important matters will have to be tried separately, such as damages or some affirmative defense peculiar to some individual class members.'" 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. A letter noting receipt of the application is automatically generated and sent to the borrower, and a Nationstar employee checks the application's documentation to determine if it is complete based on a checklist. When each event occurseither the mailing of a letter or the changing of a code or substatusthe date is recorded in the databases. 1024.41 Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Nationstar Mortgage Convenience Fee Class Action Settlement Mar. Rules Prof'l Conduct 3.4 cmt. Id. 1024.41(f), (g), and (h), and Md. 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. Nationstar claims that manual review of each file would take about 60 to 90 minutes per file. As of November 22, about 2.8 million homeowners were in a forbearance plan, according to the latest research from the Mortgage Bankers Association. . Mot. "We will be watching the mortgage interest industry to ensure they are treating homeowners fairly and fulfilling their obligations.". Corp., 546 F.2d 530, 538-39 (3d Cir. Md. P. 23(a)(2); Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 350 (2011). See Farmer v. Ramsay, 159 F. Supp. See Keen, 2018 WL 4111938, at *5-6. A class action is a superior means for "fairly and efficiently adjudicating" whether Nationstar has violated Regulation X and section 3-316(c) of the MCPA. 12 C.F.R. Compl. The regulation is silent on whether a loss mitigation application submitted before January 10, 2014 could qualify as the "single complete loss mitigation application." 1 . (quoting 7AA Charles Allan Wright et al., Federal Practice and Procedure 1778 (3d ed. RESPA's implementing regulations, codified at 12 C.F.R. 14-3667, 2015 WL 4994491, at *1-2 (D. Md. 12 U.S.C. Once the documents are received, the Remedy Star substatus and LSAMS code are changed again to mark the application complete. 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. Fla. 2009), aff'd, 398 F. App'x 467, 471 (11th Cir. 2007)), aff'd sub nom. The Robinsons assert that they have suffered damages in the lost opportunity to have their mortgage loan modified and to pursue other loss mitigation options; in the fees, late fees, and interest that Nationstar has assessed since they became delinquent on their loan; in the lost "time and effort" which they expended in "pursuing the loss mitigation process with Nationstar" rather than trying to improve their business; and in administrative costs, including "postage, travel expenses, photocopying, scanning, and facsimile expenses." The Motions are fully briefed, and no hearing is necessary to resolve the issues. While Demetrius Robinson did appeal Nationstar's March 15, 2014 offer of an in-house modification, the requirements of subsection (h) were not triggered because the offer was not a denial of a loan modification application. CFPB Director Kathleen Kraninger said in a statement. . Summ. When those scripts did not produce data that allowed the Robinsons to conduct the sampling, the Magistrate Judge ordered Nationstar on April 3, 2018 to run certain "structural scripts" on two of its four databases. Robinson v. Nationstar Mortg. LLC, Civil Action No. TDC-14-3667 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. 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." FCRA). Signed by Magistrate Judge Jillyn K Schulze on 9/9/2016 . The Court agrees that costs, including administrative costs, "incurred whether or not the servicer complied with its obligations" are not actual damages "caused by, or 'a result of,'" the RESPA violation, whether or not they occurred before or after the violation. 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. In Washington v. Am. The record is undisputed that as of September 25, 2017, Nationstar had neither started foreclosure proceedings nor moved for foreclosure judgment on the Robinsons' home. Home [robinsonsettlement.com] Order at 2, ECF No. Id. Because Oliver analyzed proprietary databases and data specifically disclosed for this litigation pursuant to a protective order, such that Oliver's peers lack access to the same information, Oliver's expert testimony is not of the type that ordinarily would be subject to peer review, and it would be unfair to require "general acceptance within a relevant scientific community." It is the plaintiffs who bear the burden of proving their claims. Thus, based on his report and experience, Oliver concludes that Nationstar "failed to comply" with Regulation X and that it is possible to "identify violations" of Regulation X "using the methodologies" he described, without the necessity of a file-by-file review. A servicer that fails to comply with Regulation X is liable for actual damages and, upon a finding of a "pattern or practice" of non-compliance by the servicer, up to $2,000 in statutory damages. Co v. Adair, 764 F.3d 347, 359-60 (4th Cir. Home Loans, No. Although Nationstar argues that Mr. Robinson has a conflict of interest because he wishes to avoid foreclosure and to delay payments on his mortgage, the record does not reflect that proposition. McLean v. GMAC Mortg. 15-0925, 2015 WL 5165415, at *4 (D. Md. Therefore, Nationstar was required to comply with section 1024.41 in processing it. After attempts to modify the loan failed, the Robinsons filed a class action Complaint against Defendant Nationstar Mortgage, LLC ("Nationstar") for alleged violations of the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. 877-683-9363. Ass'n, 375 F.2d 648, 653 (4th Cir. Stewart v. Bierman, 859 F. Supp. 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. 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. At different stages in the processing of a loan modification application, Nationstar employees enter certain codes into certain databases, and certain information can be stored and accessed through those applications. Bouchat, 346 F.3d at 522. After two more extensions were granted, based on a finding by the Magistrate Judge that "Defendant has failed to comply" with its discovery obligations and delayed the process, discovery closed on March 22, 2018. The first of these prerequisites is that the class must exist and be "readily identifiable" or "ascertainable" by the court through "objective criteria." 2019) (noting that the purpose of certifying a class "is not to identify every class member at the time of certification, but to define a class in such a way as to ensure that there will be some administratively feasible [way] for the court to determine whether a particular individual is a member at some point" (internal citation omitted) (quoting EQT Production Co. v. Adair, 764 F.3d 347, 358 (4th Cir. Part 1024). Moreover, even if the fee arrangement violated the ethical rules for attorneys, "it does not follow that evidence obtained in violation of the rule is inadmissible." Delaware Attorney General Kathleen Jennings said the settlements, Several states also fined Nationstar in 2018, Kwame Raoul, attorney general of Illinois, latest research from the Mortgage Bankers Association. 1024.41(h)(1), (4). In response, on May 30, 2014, Mr. Robinson sent Nationstar the exact same application that he had submitted on March 7, 2014. Nationstar's Motion to Strike will be DENIED. 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. A settlement has been reached in a class action lawsuit alleging Nationstar Mortgage LLC (Nationstar or Defendant) violated the Real Estate Settlement Procedures Act (RESPA) by failing to adhere to its requirements with respect to its customers loss mitigation applications and that Nationstar violated Maryland law by not timely responding to its customers mortgage servicing complaints. 1984), and has upheld the certification of a class with as few as 18 members, Cypress v. Newport News Gen. & Nonsectarian Hosp. Furthermore, the Robinsons have made a sufficient showing that a central computerized analysis of Nationstar data would substantially, if not completely, resolve questions of whether RESPA violations occurred. ORDER Scheduling Settlement Conference for Wednesday, October 26, 2016 at 10:30 a.m. Oliver's expert report focuses on the use of Nationstar's internal databases to determine whether Nationstar has systematically failed to comply with various requirements of Regulation X. WASHINGTON, D.C. The Consumer Financial Protection Bureau (CFPB) today ordered Nationstar Mortgage LLC to pay a $1.75 million civil penalty for violating the Home Mortgage Disclosure Act (HMDA) by consistently failing to report accurate data about mortgage transactions for 2012 through 2014. 2014))). When Nationstar received the application, it prevented late fees from being assessed and put a hold on any foreclosure proceedings. The Court will not revisit this determination. "There are going to be a lot of homeowners who need a home loan modification or other assistance," Raoul says. 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."

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