. See Johnson v. Ocwen Loan Servicing, 374 F. App'x 868, 873 (11th Cir. 2003). Id. 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. uniformity of decision as to persons similarly situated, without sacrificing procedural fairness or bringing about other undesirable results." 12 U.S.C. It follows that only borrowers may bring a claim that a loan servicer has violated Regulation X. But see Sutton v. CitiMortgage, Inc., 228 F. Supp. In addition, Nationstar asserts that not all loan modification applications referred to an underwriter are complete. In Robinson v. Nationstar Mortgage LLC, No. Several states also fined Nationstar in 2018 over failing to have proper procedures in place and "unfair and deceptive" mortgage modification policies. That claim will be subject to common proof, namely sampling and analysis of loan files along the lines suggested by Oliver. Indeed, Nationstar does not seriously contest the commonality prong. Cf. 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. See 12 C.F.R. R. Evid. EQT Prod. Law 13-316(c) are triggered upon the submission of a loss mitigation application, while 12 C.F.R. SETTLEMENT CONFERENCE ORDER by District Judge Ronald A. 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. Potentially eligible class members for all of these provisions can be identified through the LSAMS and Remedy data that marks that an application was received, identified as complete, and denied. . The Court will not revisit this determination. Finally, Nationstar argues that summary judgment should be entered on the RESPA claims because the Robinsons cannot establish that they have suffered actual damages as a result of Nationstar's violations of Regulation X. See id. See 12 C.F.R. THEODORE D. CHUANG United States District Judge. 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. 1024.41(h)(1), (4). Since the Court has already concluded that Nationstar is entitled to summary judgment on the Robinsons' claims under 12 C.F.R. In contrast, the Court finds that there is a genuine issue of material fact whether the administrative costs and fees incurred by the Robinsons resulted from Nationstar's RESPA violations. At this stage of the proceedings, the Court must rely on facts in the record, and not assertions in the pleadings. that it is improper to pay an expert witness a contingent fee." See Baby Neal for and by Kanter v. Casey, 43 F.3d 48, 56-57 (3d Cir. Rules 19-303.4(b) (2018). Pia McAdams, a class member, objected to the settlement, arguing that the 2605(f), is common question of law and fact that Mr. Robinson and the class members would all be required prove in their individual cases in order to qualify for statutory damages. 2015) Court Description: MEMORANDUM OPINION. (kw2s, Deputy Clerk) Download PDF 2016) (dicta). Deiter, 436 F.3d at 466-67. 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. or misleading oral or written statement . Following protracted litigation, Nationstar, and the Robinsonsnegotiated a $3,0 00,000 settlement. 0 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. This website provides information about a joint state attorney general and state mortgage regulator settlement with Nationstar, which does business publicly as Mr. Cooper. 1024.41(f), (g), and (h); and (4) there is no evidence of actual damages from any RESPA violation. These claims do not have to be factually or legally identical, but the class claims should be fairly encompassed by those of the named plaintiffs. However, Nationstar did not comply with all requirements of Regulation X, which became effective on January 10, 2014. at 359-60. From this methodology, Oliver concluded that Nationstar failed to inform borrowers of their appeal rights in 39 percent of the sampled loans and failed to exercise reasonable diligence by improperly requested the same documentation already provided in 18 percent of the loans. 1024.41(h)(1), (4). Finally, the Court finds that common issues of law and fact predominate. 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. 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. After several customers of Green Earth Services canceled its services, the Robinsons sought loss mitigation in the form of a loan modification from Nationstar. 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. Ohio 2014). In addition to the fines and restitution, Delaware Attorney General Kathleen Jennings said the settlements require Nationstar to adhere to increased "servicing standards." 1024.41(a). 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. Settlement Website www.AutomatedPhoneCallSettlement.com Claims Administrator Wright et al. 26-1. See id. United States v. Valona, 834 F.2d 1334, 1344 (7th Cir. 12 C.F.R. Robinson v. Nationstar Mortgage, LLC Complaint with jury demand against Nationstar Mortgage, LLC. 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. Between July 2010 and November 2013, the Robinsons submitted and Nationstar denied three applications for a loan modification under the Home Affordable Modification Program ("HAMP"). at 300. Code Ann., Com. 2010). 2605(f)(2). A code is also added to LSAMS to put a hold on foreclosure proceedings. 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. See supra parts I.B.1, I.B.3, I.C.1. Code Ann., Com. In the Amended Complaint, the Robinsons claim that Nationstar's representations that it offered many loss mitigation plans and "would evaluate" borrowers "for eligibility for all these loss mitigation plans" were false. Code Ann., Com. Baez, 709 F. App'x at 983. See id. 3d at 1014. Robinson et al v. Nationstar Mortgage LLC, No. 8:2014cv03667 - Justia Law 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. Where the results of such an analysis would apply to any individual claim, it would be highly inefficient and wasteful to require duplicative analysis in each such case. Nationstar also asserts that the Robinsons have not identified evidence sufficient to support their MCPA claims. In support of these claims, Mr. Robinson testified in his deposition that the $141,000 in interest represents the amount that the Robinsons have been overcharged over the life of the loan.
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