Motor Freight System, Inc. v. Rodriguez, 431 U.S. 395, 403 (1977))). Robinson v. Nationstar Mortgage, LLC 1:2021cv00452 | US District Court for the Northern District of Ohio | Justia Log In Sign Up Find a Lawyer Ask a Lawyer Research the Law Law Schools Laws & Regs Newsletters Marketing Solutions Justia Dockets & Filings Sixth Circuit Ohio Northern District Robinson v. Nationstar Mortgage, LLC Robinson v. Accordingly, the Motion is denied as to such claims. Where Accrued Financial addresses a different scenario with a different remedy, the Court does not find that it requires that the testimony of an expert witness paid on contingency fee basis must be excluded. Code Ann., Com. 2605(f)(1). . Code Ann., Com. 12) is GRANTED with respect to Count V and Count III against Nationstar; it is DENIED with respect to Counts I, II, and VI, and Count III against NSM. They have claimed $141,000 in interest; $6,147.12 in fees assessed by Nationstar; $2,275 in consulting fees; $50.58 in administrative costs; and lost time and labor of approximately 120 hours; as well as punitive and statutory damages. 12 C.F.R. Jennings' office said that these new standards are more robust than existing law and will be in place for three years starting in January 2021. In addition to the fines and restitution, Delaware Attorney General Kathleen Jennings said the settlements require Nationstar to adhere to increased "servicing standards." Class Cert. Law 13-316(c). The economic challenges and burdens that homeowners currently face are similar to the ones experienced following the Great Recession. In Baez v. Specialized Loan Servicing, LLC, 709 F. App'x 979 (11th Cir. According to Oliver, if he used incorrect data, that was a result of the limited data fields and definitions provided to him. . Because Oliver's methodology is reliable within the meaning of Federal Rule of Civil Procedure 702 and Daubert, Nationstar's Motion to Strike will be denied. The Court may rely only on facts supported in the record, not simply assertions in the pleadings. . Fed. Specifically, the loan servicer failed to honor borrowers' loan modification agreements. Code Ann., Com. Co v. Adair, 764 F.3d 347, 359-60 (4th Cir. Johnson, 374 F. App'x at 873; Keen v. Ocwen Loan Servicing, LLC, No. Since it is the plaintiff's burden to establish that the requirements of Rule 23 have been met and Mr. Robinson has failed to do so, the Motion for Class Certification will be denied as to any claims that Nationstar violated 12 C.F.R. While Mr. Robinson sought to reduce his monthly mortgage payment in applying for a loan modification, his deposition testimony reflects that he understands that the present lawsuit contends that Nationstar did not process the Robinsons' loan modification application correctly. For the foregoing reasons, Nationstar's Motion for Summary Judgment will be GRANTED IN PART and DENIED IN PART. Id. The distinction is crucial. In February 2014, after their income had further decreased, the Robinsons ceased making payments on the mortgage loan. Corp., 546 F.2d 530, 538-39 (3d Cir. Some courts have held that administrative costs that predate the alleged RESPA violation cannot constitute "actual damages." Id. Since the MCPA and Regulation X allow recovery only of "economic damages," Md. Id. Fla. 2009), aff'd, 398 F. App'x 467, 471 (11th Cir. . 1024.41(i). A servicer that fails to comply with Regulation X is liable for actual damages and, upon a finding of a "pattern or practice" of non-compliance by the servicer, up to $2,000 in statutory damages. QSF Settlement Administrator. An expert's testimony is "critical" where it is "important to an issue decisive for the motion for class certification." Rule 702 permits an expert to testify if the testimony "will help the trier of fact to understand the evidence or to determine a fact in issue," "is based on sufficient facts or data," and "is the product of reliable principles and methods," and if the expert has "reliably applied the principles and methods to the facts of the case." Gunnells v. Healthplan Serv., Inc., 348 F.3d 417, 458 (4th Cir. (quoting 7AA Charles Allan Wright et al., Federal Practice and Procedure 1778 (3d ed. Since the Rule 23(a) factors are satisfied, the Court will now consider whether the Rule 23(b)(3) predominance and superiority considerations are met. 2605(f)(1). Therefore, Nationstar was required to comply with section 1024.41 in processing it. 12 U.S.C. Deiter, 436 F.3d at 466-67. PDF PUBLISHED - Justia Law The Robinsons have not made any mortgage payments since January 2014 and have not been assessed any late fees since February 2014. ; 78 Fed. MSJ JR 0284. 1984), and has upheld the certification of a class with as few as 18 members, Cypress v. Newport News Gen. & Nonsectarian Hosp. Like the class members, to prove his case, Mr. Robinson will have to show that Nationstar failed to timely and appropriately respond to his loan modification applications by pointing to the dates of his submissions and the dates and contents of Nationstar's responses. Because there are, at a minimum, disputed issues of fact as to what fees, administrative costs, and interest constitute damages, the Court will deny the motion for summary judgment on the issue of actual damages. 2006). The "Nationwide Class" is composed of "[a]ll persons in the United States that submitted a loss mitigation application to Nationstar after January 10, 2014, and through the date of the Court's certification order." 2605(f)(2) is not fatal to the predominance inquiry. 2605(f). For the Regulation X provisions that require the servicer to communicate specific information to a borrower, Oliver's methodology involves reviewing a sample of loan files and identifying a specific communication to a borrower based on the file name. DEMETRIUS ROBINSON, On Behalf of Himself and All Others Similarly Situated, Plaintiff, v. NATIONSTAR MORTGAGE LLC, Defendant. Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 348-49 (2011) ("[A] class representative must be part of the class and possess the same interest and suffer the same injury as the class members." Robinson v. Nationstar Mortgage, LLC Complaint with jury demand against Nationstar Mortgage, LLC.
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