The Ninth Circuit recently sided with a loan servicer who was
sued by a borrower for failing to provide him with the loan
owner's information. In Gale v. First Franklin Loan Services et
al., 686 F.3d 1055 (9th Cir. 2012), amended, 2012 U.S. App. LEXIS
18545 (9th Cir. Aug. 31, 2012), the Ninth Circuit held that a loan
servicer is not required under the Truth in Lending Act (TILA) to
disclose the owner of the loan obligation to the borrower even at
the borrower's request. The only exception is when the loan
servicer is also the assignee-owner of the loan.
The Plaintiff borrower in the case was Richard Gale. In November
2006, he refinanced his home mortgage loan with Franklin Loan
Services ("First Franklin"). At the time, First Franklin
was both the creditor and servicer of the loan. In June 2008, Gale
lost his job, and consequently, he fell behind his mortgage
payments. Seeking to renegotiate his loan, Gale sent a letter to
First Franklin explaining his situation and
