Borrower cannot sue mortgage servicing company for law violations as not the "owner" of debt
Christine Marais sued company that re-wrote her mortgage, the Chase Home Finance LLC, for violating the Truth in Lending Act and the Real Estate Settlement Procedures Act. She argued that Chase's failure to respond to her inquiries as required by law resulted in her inability to refinance. The Court held that since her loan was from and "owned by " Fannie Mae, Chase could not be held responsible for its violations, even though it was the only party who serviced the loan and broke the law. As a result, the Court dismissed her Truth in Lending Act violation, despite the fact that Congress had expressly prohibited the conduct engaged in by Chase.
The Court did hold that she had stated a claim for relief under the RESPA for various breaches of the terms of that act.