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Marais v. Chase Home Finance LLC

Marais v. Chase Home Fin. LLC, 736 F.3d 711 (6th Cir. 2013)

Court
United States Court of Appeals for the Sixth Circuit
Decided
2013-11-26
Docket
12-4248

What happened

Ms. Marais sent Chase a qualified written request; Chase's answer was deficient. The trial court dismissed her RESPA claim.

What the court decided

The Sixth Circuit reversed the dismissal of the RESPA claims, holding she adequately alleged actual damages (such as added interest) caused by the deficient response. It affirmed dismissal of her TILA claim against the servicer.

Why it may matter to you

Even modest costs — extra interest, fees — can be the damages that keep a RESPA claim alive.

Why it might not apply

Binding in the Sixth Circuit only. The TILA part went against her.

Most useful when

  • Your servicer gave an incomplete answer to your written request

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationMarais v. Chase Home Fin. LLC, 736 F.3d 711 (6th Cir. 2013)Short formMarais, 736 F.3d 711

Draft — check it with free legal aid before you file or say it in court.

In Marais v. Chase Home Fin. LLC, 736 F.3d 711 (6th Cir. 2013), the court held that a borrower who alleges actual damages, such as added interest, caused by a servicer's deficient response to a qualified written request states a RESPA claim. Here, [say in one sentence what happened in your case]

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