Robinson v. Nationstar

A court authorized a notice because you have a right to know about the proposed Settlement of this class action lawsuit and about your options before the Court decides whether to give Final Approval to the Settlement. Judge Theodore D. Chuang and Magistrate Judge Timothy J. Sullivan of the United States District Court for the District of Maryland (the “Court”) is currently overseeing this case. The case is known as Robinson v. Nationstar Mortgage LLC, Case No. 8:14-cv-03667-TDC. The person who sued is called the "Plaintiff". The company he is suing is Nationstar Mortgage LLC, which is called the "Defendant".

To view a copy of the Notice, click here.

In a class action, one or more people called “Class Representatives” (in this case, Demetrius Robinson) sue on behalf of people who have similar claims. All these people are a “Class” or “Class Members.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. The Court decided that claims in this lawsuit can proceed as a class action.

The Plaintiff claims that, as a servicer of federally-related mortgage loans, Nationstar is subject to RESPA (the “Real Estate Settlement Procedures Act”) regulations covering mortgage servicers. Plaintiff claims that Nationstar has engaged in a pattern and practice of violating these regulations. Specifically, the claims in the lawsuit that are being pursued on behalf of the Class are:

• Nationstar does not notify borrowers within 5 days after receiving a loss mitigation application, that it has received the loss mitigation application and that it has determined that the application is either complete or incomplete, as required by law.
• Nationstar does not provide borrowers with a notice in writing stating its determination of which loss mitigation options, if any, it will offer to the borrower on behalf of the owner or assignee of the mortgage loan within 30 days of receiving the borrower’s loss mitigation application, as required by law.
• Nationstar does not exercise reasonable diligence in obtaining documents and information to complete a loss mitigation application.
• For Maryland borrowers, Nationstar does not respond to mortgage servicing complaints within 15 days as required under Maryland law.

The Court has not decided in favor of the Plaintiff or Defendant. The Parties to this litigation have agreed to the Settlement. By agreeing to the Settlement, the Parties avoid the costs, delay, and uncertainty of further litigation, and Settlement Class Members receive the benefits described in FAQ 6. Nationstar denies the allegations and maintains it did nothing wrong or illegal.

The Court has decided that everyone who fits the following description is a Class Member:

• Nationwide Class: All persons in the United States that submitted a loss mitigation application to Nationstar between January 10, 2014 and September 9, 2019.
• Maryland Subclass: All persons in the State of Maryland that submitted a loss mitigation application to Nationstar between January 10, 2014 and September 9, 2019.

Nationstar has agreed to establish a Settlement Fund of $3,000,000. The Settlement Fund will be used to pay all Notice and Administrative Costs, any Service Award as authorized by the Court, and any award of Attorneys’ Fees and Expenses as authorized by the Court. The remaining Net Settlement Fund shall be distributed as payments to Settlement Class Members who submit valid claims. Each Settlement Class Member who files a valid claim will receive a proportionate share of the Settlement Fund remaining after these deductions are made. The amount of this payment will depend on how many Settlement Class Members file valid claims and how each Settlement Class Member answers the questions in the Claim Form.

The deadline to file a claim was November 27, 2020.

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Payments to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved. If there are appeals, resolving them can take time. Please be patient.

Loss mitigation application means, “any oral or written request for a loss mitigation option that is accompanied by any information required by a servicer for evaluation for a loss mitigation option.”

If you are a Class Member and do nothing, you will stay in the Class. If you stay in, you will be legally bound by all the decisions that the Court makes, and if the Plaintiff obtains money or benefits, you may be entitled to a share. Regardless of the outcome of the lawsuit, however, if you do nothing, and thereby remain in the Class, you will never be able to sue (or continue to sue) Nationstar about the legal claims in this case.

To exclude yourself, you must send a letter with the following information:

• Your name, address, telephone number;
• A statement that you wish to be excluded from the Class in Robinson v. Nationstar Mortgage LLC, Case No. 8:14-cv-03667-TDC; and
• Your signature.

You must mail your exclusion request postmarked by November 27, 2020, to:

Robinson v. Nationstar Exclusions
P.O. Box 2530
Portland, OR 97208-2530

You cannot ask to be excluded on the phone, by email, or on this website.

If you exclude yourself from the Class and the Class obtains any money or benefits, you will not be eligible to claim any of that money or those benefits. You also will not be legally bound by the Court’s judgments if you exclude yourself. You will be able to sue (or continue to sue) Nationstar on your own about the legal claims that are involved in this case, now or in the future, assuming your claims are not time-barred or otherwise prohibited (you should consult your own attorney to make such a determination).

No. Unless you exclude yourself, you give up the right to sue Defendants for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.

Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against the Defendant about the issues in this case. Class Members who do not timely and validly request exclusion from the Settlement shall be bound by this Settlement and the Final Judgment when entered. The Settlement Agreement can be found here, and provides additional details regarding the terms of the Settlement.

Yes. The law firms of Tycko & Zavareei LLP and The Bestor Law Firm represent you as “Class Counsel.” You do not have to pay Class Counsel out of your own pocket. If you want to be represented by your own lawyer and have that lawyer appear in court for you in this case, you may hire one at your own expense.

Class Counsel intend to request up to $1,300,000 for Attorneys’ Fees and Expenses incurred in the litigation. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. The Court will decide the amount of fees and expenses to award.

If you are in the Class, you are not required to hire your own lawyer because Class Counsel is working on your behalf. However, if you want your own lawyer, you may hire one at your own expense.

If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. To object, you must timely file a letter or brief with the Court that includes the following:

1. The objecting Settlement Class Member’s full name, current address, and telephone number;
2. The last four digits of the objector’s loan number and/or the objector’s Unique ID as set forth on the Postcard Notice and Email Notice;
3. A statement of the position the objector wishes to assert, including the factual and legal grounds for the position;
4. The identity of any witnesses that the objector may call in connection with his or her objection and provide a summary of their testimony;
5. The name(s) of any attorney(s) representing the objector;
6. The name, court, and docket number of any class action litigation in which the objector has previously appeared as an objector or provided legal assistance with respect to an objection;
7. The name, court, and docket number of any class action litigation in which the objector’s attorney(s) have previously appeared as objectors or provided legal assistance with respect to an objection;
8. Copies of all documents that the objector wishes to submit in support of his or her position; and
9. A statement whether the objection applies only to the objector, to a specific subset of the Class, or to the entire Class.

Objections must be filed with the Court and mailed to each of the addresses below, and your objection must be postmarked by November 27, 2020. If you have a lawyer, he or she must file an appearance and submit your objection through the court’s e-filing system by the same deadline.

The Court has scheduled a Final Approval Hearing on December 10, 2020 at 10:00 a.m. at U.S. District Court for the District of Maryland, 6500 Cherrywood Lane, Greenbelt, MD 20770. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for Attorneys’ Fees and Expenses and for a Service Award to the Class Representative. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.

Class Members can attend the Final Approval Hearing digitally with the following dial-in information:
Public Access Dial 888-363-4734;
Access Code: 6684557

No. Class Counsel will answer any questions the Court may have. But, you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time to the proper addresses and it complies with all the other requirements set forth in FAQ 18, the Court will consider it. You may also pay your own lawyer to attend the hearing, but it is not necessary.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, your timely filed objection must include a statement of whether you intend to appear at the Final Approval Hearing. You cannot speak at the hearing if you exclude yourself from the Settlement.

This website and the Notice summarize the lawsuit. More details are in the Amended Class Action Complaint. You can get a copy of the Amended Class Action Complaint and other case documents here.

DO NOT CONTACT THE COURT OR NATIONSTAR FOR MORE INFORMATION REGARDING THIS SETTLEMENT.

If you have lost your Unique ID, and wish to file online, please send a letter to the Class Action Administrator requesting your Unique ID. Otherwise, you may download and complete a Claim Form here. You must mail your request or Claim Form to the address below:

Robinson v. Nationstar Class Action Administrator
P.O. Box 2530
Portland, OR 97208-2530