UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY NEWARK ...

Case 2:16-cv-03679-WHW-CLW Document 71-6 Filed 08/11/17 Page 1 of 4 PageID: 1287

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY NEWARK VICINAGE

_________________________________________

PEDRO SANTOS, on behalf of himself and all others similarly situated,

Plaintiff,

Case No. 2:15-cv-00864

Judge William H. Walls Magistrate Judge Cathy L. Waldor

v.

CARRINGTON MORTGAGE SERVICES, LLC, et al.,

DECLARATION OF ROOSEVELT N. NESMITH

Defendants.

___________________________________________

ROOSEVELT N. NESMITH, being of age, hereby declares under penalty of perjury, as follows,bo

1. I am an attorney at law admitted to practice before this Court and am counsel for plaintiff Pedro Santos ("Plaintiff") and the putative class of borrowers alleging that defendant Carrington Mortgage Services, LLC ("Carrington") received kickbacks in connection with the forced placement of hazard insurance (also known as "lender placed insurance" or "LPI") for property owned by Plaintiff and each member of the putative class (the "Class"), entered into undisclosed, self-enriching deals with its LPI providers, including, but not limited to, defendants Southwest Business Corporation ("SWBC"), and American Modern Insurance Group ("AMIG"), American Modern Home Insurance Company and Midwest Enterprises, Inc., d/b/a Ameritrac Business Solutions (collectively, the "American Modern Defendants") and charged Plaintiff and other members of the putative Class for unnecessary insurance and other costs unrelated to the actual cost of LPI insurance. Plaintiff has alleged that Defendants' acts constitute a breach of the

Case 2:16-cv-03679-WHW-CLW Document 71-6 Filed 08/11/17 Page 2 of 4 PageID: 1288

borrowers' mortgage agreements and the implied covenant of good faith and fair dealing, breach of fiduciary duty, tortuous interference with contract, and violations of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1, et seq. (the "NJCFA"), the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. ? 1962(c), and the Truth in Lending Act, 15 U.S.C. ?1601, et seq. ("TILA").

2. My office, along with that of my co-counsel, Catherine Anderson of Giskan Solotaroff & Anderson, LLP, undertook investigation of these claims against Defendants prior to commencement of this lawsuit, and continued to develop the claims during extensive discovery in the lawsuit. We met with the proposed named plaintiff, Pedro Santos, to investigate the claims to prepare and review pleadings prior to filing the case. We have also had meetings and extensive communications with Mr. Santos regarding discovery and factual and legal issues in the case, and defended Mr. Santos' deposition conducted by Defendants in this suit. We have also obtained and reviewed substantial amounts of discovery from Defendants.

3. In the course of this litigation to date, Plaintiff has defeated Defendants Motions to Dismiss pursuant to Rule 12(b)(6) filed by defendants Carrington, [ECF 40], SWBC [ECF 39] and the American Modern Defendants. [ECF 38] Plaintiff has also defeated Defendants' request for interlocutory appeal to the Third Circuit Court of Appeals. [ECF 60] [Appellate Docket No. 15-8089, Doc. 003112122010, Nov. 5, 2015]

4. I have extensive experience representing plaintiffs in class litigation and specifically with respect to claims involving LPI. I represent Classes in the following actions, in several of which nationwide classes have been certified:

Bowles, et al. v. Fay Servicing, LLC et al. Case No. 2:16-cv-02714 (D.N.J.); DiGiacomo v. Statebridge Company, Inc., American Modern Insurance

Company, Southwest Business Corporation, 2:14-cv-06694 (D.N.J.); 2

Case 2:16-cv-03679-WHW-CLW Document 71-6 Filed 08/11/17 Page 3 of 4 PageID: 1289

Lee v. Ocwen Loan Servicing, LLC, 2015 U.S. Dist. LEXIS 121998 (S.D. Fla. Sept. 14, 2015)(settlement class);

Montoya v. PNC Bank, N.A., 2015 U.S. Dist. LEXIS 132664 (S.D. Fla. Sept. 30, 2015) (settlement class);

Almanzar v. Select Portfolio Servicing, Inc., et al., 14 ?cv-22586 (FAM)(S.D. Fla. Oct. 15, 2015)(settlement class).

Wilson v. Everbank, N.A., 14-cv-22264 (BB)(S.D. Fla. Aug. 31, 2015)(settlement class).

5. I also have experience defending class action claims, as well as other forms of

complex commercial litigation. I represented a major pharmaceutical manufacturer in defending

class-wide antitrust claims in In re Brand Name Prescription Drugs Antitrust Litigation, 94-cv-

00897 (N.D. Ill. Feb. 4, 1994). I have also represented plaintiffs in numerous complex

commercial litigation involving mortgage loan servicing against some of the largest financial

institutions in the United States. For example, I represent or have represented consumer

plaintiffs in the following lawsuits.

?

Rizzolo Danise v. Saxon Mortgage Company, et al. 15-cv-06062 (D.N.J.

Aug. 7, 2015)

?

Campbell v. Bank of America, L-6093-12 (Sup. Ct., New Jersey, Sep. 7,

2012)

?

Knight v. J.P. Chase Home Finance, et al., L-9192-11 (Sup. Ct., New

Jersey, Bank, N.A., et al., L09192-11 (Sup Ct. New Jersey, Nov. 16,

2011).

6. My firm will dedicate the resources necessary to prosecute this class action.

I hereby declare that the foregoing statements by me are true. I understand that if the foregoing statements are willfully false, I am subject to punishment.

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Case 2:16-cv-03679-WHW-CLW Document 71-6 Filed 08/11/17 Page 4 of 4 PageID: 1290 Dated: December 19, 2016 s/Roosevelt N. Nesmith Roosevelt N. Nesmith, Esq.

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