"Since then, we have continued to invest in technology, people, and leadership to ensure that our compliance and risk management programs not only meet our regulators' expectations but also support sustainable growth and maintain our position as an industry leader.". Where the Robinsons may be able to show that they have suffered actual damages, their claim for statutory damages, upon a showing that Nationstar has engaged in a pattern or practice of violating Regulation X, remains viable. At least one court has found a similar expert report by Oliver to meet the Daubert standard. While the particulars of Mr. Robinson's application process will not necessarily prove that Nationstar mishandled the applications of other individual class members, these facts fairly encompass the types of claims that would be brought by the members of the class. The language of the regulation states not that a loan servicer must comply with Regulation X's requirements only for a borrower's first loss mitigation application, but that a loan servicer must "comply with the requirements" only "for a single complete loss mitigation application." The economic challenges and burdens that homeowners currently face are similar to the ones experienced following the Great Recession. This assertion mischaracterizes the burden of proof in a civil case. 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. TDC-14-3667 (D. Md. They have a home in Damascus, Maryland purchased by Demetrius Robinson ("Mr. Robinson"). A letter noting receipt of the application is automatically generated and sent to the borrower, and a Nationstar employee checks the application's documentation to determine if it is complete based on a checklist. For example, it was undisputed that on May 30, 2014, Mr. Robinson, in response to Nationstar's requests for additional information, resubmitted the same information sent with his March 2014 loan modification application. 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. Gunnells v. Healthplan Serv., Inc., 348 F.3d 417, 458 (4th Cir. AG Shapiro Secures $2.75 Million for Pennsylvania Mortgage Loan 2605(f)(2). On July 17, 2014, Nationstar informed Mr. Robinson by letter that he did not qualify for a HAMP modification and that since the March 14 loan modification offer had not been accepted, it was withdrawn. 120. Nationstar ultimately became the servicer of the Robinsons' loan. He was retained by the Robinsons under an arrangement through which he is to be paid a flat fee of $125,000: $62,500 up front, with an additional $62,500 to be paid if a class is certified in this case. 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. Anderson, 477 U.S. at 248. A class action claimed Nationstar violated consumer protection laws in servicing class members' mortgage loans. A class action allows representative parties to prosecute not only their own claims, but also the claims of other individuals which present similar issues.

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