That provision provides, in parallel, that a loan servicer which does not comply with Regulation X is liable "to the borrower." 1024.41(f), (g). 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. 1024.41(b)(1), (b)(2)(i)(B), and (c)(1)(ii) and Md. 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. "There are going to be a lot of homeowners who need a home loan modification or other assistance," Raoul says. Likewise, although Mrs. Robinson expended time corresponding with Nationstar, she was not working for pay at the same time, and the Robinsons have not provided evidence to quantify the loss to Mr. Robinson, the only viable plaintiff here. 702. To establish an MCPA violation under this provision, a plaintiff must establish that (1) the defendant engaged in an unfair or deceptive practice or misrepresentation; (2) the plaintiff relied upon the representation; and (3) doing so caused the plaintiff actual injury. 12 C.F.R. In its Motion to Strike, Nationstar argues that Oliver's methodology has not been peer reviewed, has a high error rate because he used the wrong data fields to identify the dates of events, failed to consider the timing of foreclosure sales relative to the dates of the submission of loan modification applications, and did not propose a specific methodology for calculating damages. The fee arrangement will be considered as an issue potentially affecting the credibility, rather than the admissibility, of the expert testimony. 28, 2017). Code Ann., Com. After this missed payment, Nationstar assessed a late fee. Subsequent Loss Mitigation Application. 2605(f)(1). 2010) (holding that a plaintiff who "was not a borrower or otherwise obligated on the . They do not seek damages in the Amended Complaint for emotional distress or include such a claim in their itemized list of damages submitted in discovery. 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." Code Ann., Com. In response, on May 30, 2014, Mr. Robinson sent Nationstar the exact same application that he had submitted on March 7, 2014. v. DEMETRIUS ROBINSON; TAMARA ROBINSON, Plaintiffs - Appellees, v. . 2d 754, 768-69 (D. Md. Moreover, although the court stated that an arrangement for providing expert testimony for a contingent fee would violate public policy, the court did not address the question of the admissibility of evidence at issue here. Where the Robinsons may be able to show that they have suffered actual damages, their claim for statutory damages, upon a showing that Nationstar has engaged in a pattern or practice of violating Regulation X, remains viable. Through both a declaration by a Nationstar Vice President of Default Servicing, Brandon Anderson, and an expert report by Stuart D. Gurrea, Nationstar contests Oliver's analysis and endeavors to establish that the only way to identify RESPA violations using Nationstar's data is through a file-by-file review. Class Cert. Under Count I, the Robinsons allege a violation of 12 C.F.R. Law 13 . Based on the language of Regulation X, the Court finds that a loss mitigation application submitted before the effective date does not count as the single application subject to the regulation. 1967). "[A]n evaluation of the merits to determine the strength of plaintiffs' case is not part of a Rule 23 analysis." During this time and up until September 25, 2017, Nationstar had not begun any foreclosure proceedings on the Robinsons' home. Once the documents are received, the Remedy Star substatus and LSAMS code are changed again to mark the application complete. Furthermore, Nationstar's argument that the Robinsons are not typical largely recycles the same arguments made in the Motion for Summary Judgment. 2605(f). In Frank, due to the state's community property laws, the mortgage was "a community debt," and after her husband died, the plaintiff "was therefore obligated to make the loan payments" because of her interest in the home. Fed. 1 . AG Shapiro Secures $2.75 Million for Pennsylvania Mortgage Loan 1024.41(f), (g), and (h), and Mr. Robinson's MCPA claim under sections 13-301 and 13-303. 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.'" At this juncture, this allegation plausibly supports a finding of willful noncompliance. 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. 2002) (affirming without addressing the propriety of the striking of the expert testimony). 89, 90, ECF No. Tagatz, 861 F.2d at 1042; cf. 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. Contact the Class Action Administrator at 1-855-917-3477 (Toll-Free). PDF PUBLISHED - United States Court of Appeals for the Fourth Circuit "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.". Although this data was not provided to Oliver, there is no reason it could not be produced and used to make determinations on the timeliness of decisions on loss mitigation applications. While Mr. Robinson signed the promissory note ("the Note"), the deed of trust ("the Deed"), and the balloon payment rider for the 2007 loan, Tamara Robinson ("Mrs. Robinson") signed only the Deed and balloon payment rider and did not sign the Note. 10696, 10708 (Feb. 14, 2013) (codified at 12 C.F.R. "Mortgage servicers are entrusted with handling significant financial transactions for millions of Americans, including struggling homeowners. Nelson, 2017 WL 1167230, at *3 (collecting cases). See Md. Fed. 1024.41 The Class Action Administrator would then begin distribution of the settlement funds. Nationstar's Motion for Summary Judgment will be granted as to Tamara Robinson. As a result, the Robinsons' claim that Nationstar violated certain Regulation X procedures with respect to their loan modification application and those of the class members. 3d 712, 728 (S.D. In Washington v. Am. This argument runs contrary to the plain language of Nationstar's own procedures, which describe the application as "complete" based on the processor's determination, leading to the referral of the complete package to an underwriter. Eligible consumers will be contacted by Nationstar or the settlement administrator about refunds under the settlement. 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. 1024.41(b)(2)(B), (c)(1)(ii); Md. While every class member will have to establish damages, that calculation will not be "particularly complex," as it will require identifying administrative costs and fees that would not have occurred but for the RESPA violation. Furthermore, according to Nationstar, to identify the content of a letter sent to a borrower, the letter itself must be viewed. 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). CFPB Takes Action Against Nationstar Mortgage for Flawed Mortgage Loan McLean I, 595 F. Supp. 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. Id. cause[d] damages retroactively" and "transmogrifie[d]" the costs that predate the RESPA violation into damages. 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. Corp., 546 F.2d 530, 538-39 (3d Cir. McLean v. GMAC Mortg. Anderson, 477 U.S. at 248. A code is entered in Remedy Star when the letter is sent. On June 16, 2017, the Magistrate Judge bifurcated discovery to focus initially on the merits of the Robinsons' individual claim and the question of class certification, ordered Nationstar to disclose electronic records so that the Robinsons could sample Nationstar's data for purposes of a motion for class certification, and limited the discovery of such records to a sample of 400 loans from the period from January 10, 2014 to June 30, 2014 and "to areas which inform" the Court's decision on class certification, namely whether Nationstar was in compliance with Regulation X. Mot. See Fed. Id. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Nationstar correctly notes that the Robinsons have not identified a false or misleading statement or representation by Nationstar in the record. Robinson v. Nationstar Mortgage, LLC Complaint with jury demand against Nationstar Mortgage, LLC. 877-683-9363. 1972). If you are a member of the Settlement Class, you must submit a completed Claim Form to receive a payment. 1024.41(c)(1)(ii), which requires a servicer to respond to a completed loan modification application; or Md. Claim Your Cash Every Week! The Final Approval Order, approving the Class-wide Settlement, was entered December 11, 2020. 2d 452, 468 (D. Md. Factors "pertinent" to the predominance and superiority requirements include the "class members' interests in individually controlling" the litigation, whether litigation on the matter has already been begun by other class members, whether concentrating the litigation in one forum is desirable or undesirable, and the potential difficulties managing the class action presents. Code Ann., Com. Law 13-301(1). 2016) (dicta). at *5. v. Windsor, 521 U.S. 591, 623-24 (1997). 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. 12 U.S.C. P. 23(a)(3); Deiter v. Microsoft Corp., 436 F.3d 461, 466-67 (4th Cir. Signed by Judge Theodore D. Chuang on 8/18/2015. If the initial application is not complete, a different Remedy Star substatus notation and LSAMS code are entered, and a letter is created and sent to the borrower asking for the required documents. Order, ECF No. Part 1024). Nationstar also asserts that the Robinsons have not identified evidence sufficient to support their MCPA claims. Nationstar Mortgage Robocall Class Action Settlement Checks Mailed The distinction is crucial. Regulation X went into effect on January 10, 2014. Id. Additional facts relevant to the pending motions are set forth below. 16-0307, 2017 WL 1167230, at *3 (E.D.N.C. Fed. 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. 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

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