Amina Kamara et al. v. Selene Finance, LP

Summary

The United States District Court for the Eastern District of Virginia granted Selene Finance, LP’s motion to dismiss a RESPA claim brought by Amina Kamara. The court held that Kamara, who alleged successor-in-interest status but did not allege that she signed or assumed the mortgage loan, was not a “borrower” entitled to pursue RESPA’s private right of action. The action was dismissed without prejudice, and the court did not reach the defendant’s remaining arguments.

Holdings

1. For purposes of RESPA's private cause of action, a borrower is a person personally obligated on the loan, such as someone who signed or assumed the promissory note. Obtaining title to property subject to a mortgage or making payments on the mortgage does not by itself make a person a borrower.
2. 12 C.F.R. § 1024.30(d) does not expand 12 U.S.C. § 2605(f)'s private right of action to confirmed successors in interest who are not personally obligated on the loan.

Questions Presented

1. Whether Kamara, who inherited an interest in mortgaged property but did not allege that she signed or assumed the promissory note or was personally obligated on the loan, is a borrower entitled to maintain a private cause of action under RESPA.
2. Whether 12 C.F.R. § 1024.30(d), which treats a confirmed successor in interest as a borrower for specified Regulation X provisions, expands the private right of action under 12 U.S.C. § 2605(f).

Disposition

dismissed