Nationstar sent Mr. Robinson two letters denying his loan modification application on July 17, 2014 and September 9, 2014, but there is no evidence in the record that the Robinsons submitted an appeal to either of those letters. Under subsection (h), if a loan servicer receives a complete loss mitigation application more than 90 days before a foreclosure sale but then denies the application, the servicer must allow the borrower to appeal and must respond to the appeal within 30 days of receiving it. PDF PUBLISHED - Justia Law Certification will also be denied as to the claim under 12 C.F.R. Because Nationstar employees used standard templates to communicate with borrowers, Oliver concluded that Regulation X violations can be identified through the existence of noncompliant templates and the dates that those templates were in use. Id. Filing fee paid $ 402, Receipt number AOHNDC-10680087. Rules 19-303.4(b) (2018). 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. 28, 2017). 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. 1998). Sep. 9, 2019). Law 13-301 and 303. 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."). 2010). 1024.41 (2019), and the Maryland Consumer Protection Act ("MCPA"), Md. The fact that each borrower must individually show damages under 12 U.S.C. Current Outline Item. See Stillmock v. Weis Markets, Inc., 385 F. App'x 267, 275 (4th Cir. See Lierboe v. State Farm Mut. endstream endobj 304 0 obj <. Since the Court already considered and ruled on these issues, see supra part I.B, it will not revisit those arguments here. Courts have held that a person who did not sign the promissory note is not a "borrower" for the purposes of RESPA because that individual has not "assumed the loan." Broussard v. Meineke Discount Muffler Shops, Inc., 155 F.3d 331, 344 (4th Cir. Finally, while Nationstar presented arguments for why the Robinsons have not shown damages as to most of the asserted categories, it did not advance any argument for why the interest damages claimed by the Robinsons were not attributable to Nationstar's Regulation X violations and thus is not entitled to summary judgment on that issue. PDF United States District Court District of Maryland Code Ann., Com. If the named plaintiff satisfies all of the Rule 23(a) requirements and the Rule 23(b)(3) requirements, then class certification is appropriate. Class certification will be granted, with Demetrius Robinson as the named plaintiff, as to both the Nationwide Class and the Maryland Class for the claims under 12 C.F.R. Indeed, Nationstar does not seriously contest the commonality prong. Thumbnails Document Outline Attachments Layers. The CFPB estimates about 40,000 borrowers were harmed by Nationstar's allegedly unfair and deceptive practices, according to a statement released Monday. Pia McAdams, a class member, objected to the settlement, arguing that the Where a contingency fee arrangement for expert witnesses is not expressly prohibited by the Maryland Rules of Professional Conduct, the Court declines to find that the fee arrangement here constituted an ethical violation. Id. Robinson v. Nationstar Mortg. LLC - Casetext Nationstar asserts that Oliver's testimony should be stricken because this fee arrangement includes an unethical contingency fee. 303 0 obj <> endobj 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. But see Ayres v. Ocwen Loan Servicing, LLC, 129 F. Supp. Robinson v. Nationstar Mortgage, LLC: Complaint with jury demand 1024.41(c)(1)(i). And given that the class includes all borrowers who have submitted an application since January 10, 2014, joinder of all members is eminently impractical. 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." The Robinsons' expert had written the scripts using data dictionaries and without accessing the databases.
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