A "borrower" may enforce the provisions of Regulation X pursuant to 12 U.S.C. On May 5, 2014, Nationstar asked the Robinsons for additional information to evaluate the appeal, including documents to verify their income. Reg. Co., 595 F.3d 164, 179 (4th Cir. See Md. 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. Nationstar correctly notes that the Robinsons have not identified a false or misleading statement or representation by Nationstar in the record. 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. 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.'" In support of this argument, Nationstar contends that the ethical rules for attorneys prohibit contingency fee arrangements with expert witnesses. (quoting East Tex. If the loan servicer denies a loan modification application where the complete application was received more than 90 days before a foreclosure sale, the servicer must allow the borrower to appeal and must respond to the appeal within 30 days of receiving it by stating in writing whether the appeal was granted and a loan modification will be offered. At the time, Nationstar had not completed the process of updating its systems to conform to those requirements. It follows that only borrowers may bring a claim that a loan servicer has violated Regulation X. Class Action Settlement Checks Mailed - Top Class Actions 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." After an additional period of expert discovery relating to the class certification motion, discovery closed on December 30, 2018. In Robinson v. Nationstar Mortgage LLC, No. Nationstar argues that summary judgment should be entered on the Robinsons' MCPA claim under section 13-316 because the Robinsons have not shown that they submitted a complaint or inquiry that triggers a duty to respond. Rather than rendering the testimony inadmissible, the fee arrangement is relevant to the expert's credibility. Date: September 9, 2019, Civil Action No. See, e.g. 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. See 12 C.F.R. The proposed settlement with the CFPB requires Nationstar to pay $73 million in restitution to affected borrowers, as well as a $1.5 million civil penalty to the agency. See MCC JR0529-31. During this time and up until September 25, 2017, Nationstar had not begun any foreclosure proceedings on the Robinsons' home. 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. 1988) (distinguishing between a rule of professional conduct and admissibility of evidence); cf. See Stillmock v. Weis Markets, Inc., 385 F. App'x 267, 275 (4th Cir. Therefore, the Court will grant in part and deny in part the Motion for Class Certification. State attorneys general are here for homeowners, Raoul adds. TDC-14-3667, 2019 WL 4261696 (D. Md. A separate Order shall issue. McLean II, 398 F. App'x at 471. The Court will not revisit this determination. Md. 1024.41(i). Compl. On March 8, 2014, Nationstar sent to Mr. Robinson a letter stating that he was ineligible for a HAMP modification, but on March 15, 2014, it sent a different letter offering a loan modification under which Mr. Robinson would receive a reduced interest rate for two years. Nationstar further argues that the Robinsons cannot show that they suffered economic damages as a result of the violation of section 13-316. Nationstar's Motion will be denied as to this claim. 89, 90, ECF No. cause[d] damages retroactively" and "transmogrifie[d]" the costs that predate the RESPA violation into damages. even after that settlement was reached. 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. 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. In the samples . Nationstar Mortgage TCPA Class Action Settlement While the Nationstar employee who conducts the initial processing of an application may refer it to an underwriter based on its facial completeness, the underwriter makes the final determination of whether the application is complete and is responsible for obtaining any additional required documentation. After March 2014, Mrs. Robinson was primarily responsible for communicating with Nationstar and PaCE. Id. McLean v. GMAC Mortg. 1024.41(f), (g). Actual damages may include late fees; denial of credit or access to the full amount of a credit line; out-of-pocket expenses incurred in dealing with a RESPA violation, such as expenses for preparing and copying correspondence; and lost time and inconvenience, including time spent away from employment while preparing correspondence "to the extent it resulted in actual pecuniary loss."
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