Id. 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." 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. Campbell v. Nationstar Mortg., 611 F. App'x 288, 297-98 (6th Cir. Nationstar further argues that the Robinsons cannot show that they suffered economic damages as a result of the violation of section 13-316. Relevant factual and procedural background is set forth in the Court's prior Memorandum Opinion granting in part and denying in part Nationstar's partial Motion to Dismiss. Law 13-316(c), which requires a response to a mortgage servicing complaint or inquiry within 15 days. 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. 2605(f)(2). Class Action Rebates | June 2022 - Top Class Actions That claim will be subject to common proof, namely sampling and analysis of loan files along the lines suggested by Oliver. MSJ JR 0284. Current Outline Item. Law 13-301 and 303. 1993) (quoting Blum v. Yaretsky, 457 U.S. 991, 1001 n.13 (1982)). Id. Throughout discovery, Nationstar repeatedly stated that it could not produce the data on loss mitigation or loan modification applications from its databases in the form requested by the Robinsons. DEMETRIUS ROBINSON, On Behalf of Himself and All Others Similarly Situated, Plaintiff, v. NATIONSTAR MORTGAGE LLC, Defendant. 2015) Court Description: MEMORANDUM OPINION. Robinson v. Nationstar Mortg. LLC - Casetext The Robinsons do not address this argument in their Opposition. In analyzing this question, a court compares the class representative's claims and defenses to those of the absent class members, considers the facts needed to prove the class representative's claims, and assesses the extent to which those facts would also prove the claims of the absent class members. The predominance and superiority requirements under Rule 23(b)(3) are designed to ensure that the class action "achieve[s] economies of time, effort, and expense, and promote[s] . First, to the extent that there was a period of time during which Nationstar failed to implement procedures to comply with RESPA, the facts establishing such a gap would be highly relevant to a pattern or practice determination and would be common in every case. %PDF-1.6 % Marais v. Chase Home Fin., LLC, 24 F. Supp. 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. It will be otherwise denied. Previous. For the foregoing reasons, Nationstar's Motion for Summary Judgment will be GRANTED IN PART and DENIED IN PART. Anderson, 477 U.S. at 248. Law 13-316(e), for the reasons stated above, see supra part I.B.4, the Robinsons have provided sufficient evidence to create a genuine issue of material fact whether they have suffered economic damages, in the form of administrative costs, fees, and interest. 2605(f)(1)(A); see 12 C.F.R. 2010) (considering consistency of results that provide finality to the defendant as favoring a finding of superiority). 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. Class Members included all U.S. consumers who received a robocall on their cell phone from Nationstar between October 2015 and March 2016. 14-3667, 2015 WL 4994491, at *1-2 (D. Md. 10696, 10708, provides that "[a] servicer is only required to comply with the requirements of this section for a single complete loss mitigation application for a borrower's mortgage loan account." Furthermore, according to Nationstar, to identify the content of a letter sent to a borrower, the letter itself must be viewed. See, e.g., Ward v. Dixie Nat. 1024.41(d). Id. 2011) ("[T]he possibility that a well-defined class will nonetheless encompass some class members who have suffered no injury . While she is trained as a bookkeeper, at the time of the Robinsons' 2014 application for a loan modification and in the subsequent months, Mrs. Robinson was not employed in any capacity. 12 U.S.C. at 300. at 300. 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. 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. And given that the class includes all borrowers who have submitted an application since January 10, 2014, joinder of all members is eminently impractical. 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. Eligible claimants will receive either $5 for a qualifying 600- watt model, $7 for a qualifying 900- watt model, or a $10 or $15 discount code for a new 600-watt or 900-watt blender, respectively. Mich. 2016), at least one district court has held that loan servicers need not comply with Regulation X if the borrower had previously submitted a loss mitigation application before the January 10, 2014 effective date, see Trionfo v. Bank of America, N.A., No. Id. 2d 452, 468 (D. Md. 15-05811, 2016 WL 3055901 (N.D. Cal. 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 2605(f). Lembach v. Bierman, 528 F. App'x 297 (4th Cir. Since Regulation X explicitly does not require a loan servicer to provide a loan modification, the Robinsons' claim that they suffered damages because they did not receive a loan modification is not cognizable under the statute. 12 C.F.R. 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." CFPB Director Kathleen Kraninger said in a statement. Filed by Janie Robinson. The Court will therefore deny the Motion for Summary Judgment as to this argument. Marchese v. JPMorgan Chase Bank, N.A., 917 F. Supp. Id. 2601(a). After an additional period of expert discovery relating to the class certification motion, discovery closed on December 30, 2018. 2005))). 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. See, e.g. 28, 2017). P. 23(a)(3); Deiter v. Microsoft Corp., 436 F.3d 461, 466-67 (4th Cir. even after that settlement was reached. Code Ann., Com. 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 magistrate granted preliminary approval. Notably, although a borrower may recover up to $2,000 in statutory damages upon a showing of a "pattern or practice of non-compliance with the requirements" of Regulation X, 12 U.S.C. . 3d 712, 728 (S.D. The Magistrate Judge ordered Nationstar to run those scripts and return the electronic data to the Robinsons. . Instead, the Robinsons assert that Nationstar has not affirmatively proven that it conducted such reviews. Docket for Robinson v. Nationstar Mortgage LLC, 8:14-cv-03667 Brought to you by the RECAP Initiative and Free Law Project, a non-profit dedicated to creating high quality open legal information. See 12 C.F.R. Universal Athletic Sales Co. v. Am. TDC-14-3667 (D. Md. The Motion will be granted as to all of Tamara Robinson's claims and as to Demetrius Robinson's claims under 12 C.F.R. The settlement will benefit a Class of consumers who purchased a 600-or 900-watt Nutribullet blender in the US between June 1, 2017 and March 15, 2022. 2015). Id. "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." In a victory for borrowers, the Fourth Circuit issued an opinion on Robinson v. Nationstar Mortgage LLC, affirming approval of the settlement. Law 13-316(c), which requires a response to a loan modification application within 15 days. "); see also 1 William Rubenstein et al., Newberg on Class Actions 2:3 (5th ed. Where the cost of litigation as compared to the potential recovery gives class members little incentive to bring suit, and there is little reason to individually control the litigation, a class action is a superior method to vindicate the rights of class members. 1024.41(b)(2)(i)(B) and Md. 2605(f). Once the documents are received, the Remedy Star substatus and LSAMS code are changed again to mark the application complete. Signed by Judge James L Graham on 11/15/12. See id. Indeed, Mr. Robinson testified that Mrs. Robinson did not sign the Note because she did not purchase the property with him. Nationstar's failings resulted in "substantial consumer harm," CFPB Director Kathleen Kraninger said in a statement. The CFPB estimates about 40,000 borrowers were harmed by Nationstar's allegedly unfair and deceptive practices, according to a statement released Monday. During this time and up until September 25, 2017, Nationstar had not begun any foreclosure proceedings on the Robinsons' home. Check out:Covid-19 pandemic is the first time 40% of Americans have experienced food insecurity, Don't miss:Amex Blue Cash Preferred is offering an elevated welcome bonus for a limited time, Get Make It newsletters delivered to your inbox, Learn more about the world of CNBC Make It, 2023 CNBC LLC. A "borrower" may enforce the provisions of Regulation X pursuant to 12 U.S.C. . On September 9, 2014, Nationstar sent Mr. Robinson a letter denying the loan modification application and stating that it could not offer him any modification because his income was not high enough to cover the mortgage payments under any modification option. In assessing this element, "numbers alone are not controlling" and a district court should consider "all of the circumstances of the case." Since Mrs. Robinson may not bring a claim under Regulation X, she may not be a named class representative. 1024.41(h)(1), (4). 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. Tagatz v. Marquette Univ., 861 F.2d 1040, 1042 (7th Cir. To calculate damages, Oliver stated that he would look to data from the LSAMS application, including data tables that contain fee information, to identify fees that would not have been charged but for Nationstar's various RESPA violations, but that he was not able to evaluate this data in his report because it had not been provided to him.
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