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KEEN v. HELSON

No. 18-6035.

930 F.3d 799 (2019)

Tara L. KEEN, Plaintiff/Counter-Defendant-Appellant, v. Robert C. HELSON, Defendant/Counter-Plaintiff-Appellee, Ocwen Loan Servicing, LLC, Defendant-Appellee, Bank of New York Mellon Trust Company, N.A., formerly known as The Bank of New York Trust Company, N.A., as successor to J.P. Morgan Chase Bank, N.A., as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass Through Certificates Series 2005-RP3, Third-Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 18, 2019.

Attorney(s) appearing for the Case

ON BRIEF: Kerry Dietz , David Tarpley , David Kozlowski , LEGAL AID SOCIETY OF MIDDLE TENNESSEE & THE CUMBERLANDS, Nashville, Tennessee, for Appellant. Edmund S. Sauer , Brian R. Epling , BRADLEY ARANT BOULT CUMMINGS LLP, Nashville, Tennessee, for Appellee Ocwen Loan Servicing.

Before: GUY, THAPAR, and NALBANDIAN, Circuit Judges.

OPINION

To sue someone, you must have a cause of action. And you only have a cause of action under a federal statute if the statute's text provides you one. The Real Estate Settlement Procedures Act (RESPA) creates a cause of action but says that only "borrower[s]" can use it. 12 U.S.C. § 2605(f). A "borrower...

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