robinson v nationstar settlement check

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The Court will therefore deny the Motion for Summary Judgment as to this argument. 1024.41(b)(1), which requires reasonable diligence in obtaining documents and information to complete a loss mitigation application; and Md. In 2007, Mr. Robinson obtained a loan with the principal amount of $755,000 to refinance the property. Mr. Robinson then submitted another loan modification application on August 25, 2014. Since the parties do not argue that the Nationwide Class and the Maryland Subclass differ for the purposes of the class certification analysis, the Court will analyze them together. 2011) ("[T]he possibility that a well-defined class will nonetheless encompass some class members who have suffered no injury . . P. 23(b)(3). Although similar to Rule 23(a)'s commonality requirement, the test for predominance under Rule 23(b)(3) is "far more demanding" and "tests whether proposed classes are sufficiently cohesive to warrant adjudication by representation." In its Motion to Strike, Nationstar moves to strike the report of the Robinsons' expert witness, Geoffrey Oliver, on the grounds that (1) Oliver was hired pursuant to an ethically improper contingency fee agreement; and (2) his testimony does not meet the requirements of Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). USCA4 Appeal: 21-1087 Doc: 38 Filed: 06/15/2021 Pg: 9 of 33 1024.41(i). First, Nationstar correctly notes that Mr. Robinson, in his Motion, and Oliver, in his expert report, do not put forward any evidence establishing that the necessary prerequisites for a class action have been met with respect to the claim that Nationstar did not evaluate borrowers "for all loss mitigation options available to the borrower," in violation of 12 C.F.R. The Robinsons complied. Because of the manner in which class discovery was conducted, see supra part II.A, Oliver did not have access to all of Nationstar's data fields for the representative sample of loans. White setting Settlement Conference for 10/3/2023 at 9:00 AM in Chambers, Room 327, US Courthouse, . Robinson et al v. Nationstar Mortgage LLC, No. 8:2014cv03667 - Justia Law A separate Order shall issue. A "borrower" may enforce the provisions of Regulation X pursuant to 12 U.S.C. But see Sutton v. CitiMortgage, Inc., 228 F. Supp. Robinson v. Nationstar Mortgage, LLC. et al - pacermonitor.com Bouchat, 346 F.3d at 522. Class Action Rebates | June 2022 - Top Class Actions 1984), and has upheld the certification of a class with as few as 18 members, Cypress v. Newport News Gen. & Nonsectarian Hosp. Nationstar's claim that the above-described coding is not dispositive, because an underwriter could subsequently determine that more information was needed after all, is not persuasive. Regulation X went into effect on January 10, 2014. 1024.41(b)(2)(B), which requires that an acknowledgment letter be sent within five days of receipt of a loan modification application; or 12 C.F.R. et al (6:21-cv-00380), Oklahoma Eastern District Court, Filed: 12/23/2021 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets . Nationstar will need to enhance its policies and processes around how it handles consumer complaints, performs escrow analyses and conducts audits, for example.

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