Maurice Wutscher’s Christopher Hahn Authors Article for Business Law Today Month-In-Brief

Sept. 25, 2019 — Maurice Wutscher’s Christopher Hahn has been published in Business Law Today’s Month-In-Brief: Business Regulation & Regulated Industries.

In “Sixth Circuit Holds Non-Borrower Mortgagor Cannot Sue Under RESPA,” Mr. Hahn discusses the U.S. Court of Appeals for the Sixth Circuit’s affirmation of dismissal of a homeowner’s claims filed under the federal Real Estate Settlement Procedures Act, where the homeowner was a signatory only on the mortgage, but not the note evidencing the mortgage loan.

Mr. Hahn writes, “the Sixth Circuit’s analysis illustrated that a ‘borrower’ must have personal obligations on a loan, and declined to expand the term to include the plaintiff homeowner, on the basis that doing so would not be ‘broadly construing’ RESPA, but rewriting the statute. The Sixth Circuit’s holding reinforced that a plaintiff who does not have personal obligations under the loan agreement is not a ‘borrower,’ and thus cannot assert claims under RESPA.”