Tara Keen v. Robert Helson

THAPAR, Circuit Judge.

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" is someone who is personally obligated on a loan-i.e., someone who is actually borrowing money. Tara Keen does not fit that description, so she does not have a cause of action under RESPA. Instead, she will have to vindicate her rights in state court under state law.

*801 I.

Thi…