§Why CasetextPricing

Aurora Loan Services, LLC, Respondent,v.Monique Taylor,, et al., Appellants, et al., Defendants.

Brief

115 Cited authorities

  1. Rhines v. Warden

    544 U.S. 269 (2005)   Cited 10,464 times   2 Legal Analyses
    Holding that the district court should allow a petitioner to "delete the unexhausted claims and to proceed with the exhausted claims if dismissal of the entire petition would unreasonably impair the petitioner's right to obtain federal relief"

  2. Simon v. E. Ky. Welfare Rights Org.

    426 U.S. 26 (1976)   Cited 3,183 times   6 Legal Analyses
    Holding plaintiffs who sued IRS lacked standing where they hoped reversal of IRS rule would " ‘discourage’ hospitals from denying their services to" plaintiffs, but whether hospitals had denied services based on the existing rule remained unclear and, even if the rule were reversed, hospitals would remain free to not provide services to plaintiffs

  3. W.R. Grace Co. v. Rubber Workers

    461 U.S. 757 (1983)   Cited 1,069 times   2 Legal Analyses
    Holding that an arbitrator's conclusion that he was not bound by a prior arbitrator's decision was binding on the federal courts

  4. Mandarin v. Wildenstein

    2011 N.Y. Slip Op. 741 (N.Y. 2011)   Cited 1,599 times   5 Legal Analyses
    Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"

  5. Lama Holding Co. v. Smith Barney Inc.

    88 N.Y.2d 413 (N.Y. 1996)   Cited 2,150 times   3 Legal Analyses
    Holding that damages that are "undeterminable" or speculative cannot serve as the basis of a fraud claim

  6. Eurycleia v. Seward Kissel

    2009 N.Y. Slip Op. 4299 (N.Y. 2009)   Cited 1,142 times   2 Legal Analyses
    Holding CPLR 3016(b) is satisfied "when the facts suffice to permit a 'reasonable inference" of the alleged misconduct

  7. IDT Corp. v. Morgan Stanley Dean Witter & Co.

    2009 N.Y. Slip Op. 2262 (N.Y. 2009)   Cited 843 times
    Holding that unjust enrichment "is an obligation imposed by equity to prevent injustice, in the absence of an actual agreement between the parties concerned. Where the parties executed a valid and enforceable written contract governing a particular subject matter, recovery on a theory of unjust enrichment for events arising out of that subject matter is ordinarily precluded."

  8. Aurora Loan Servs v. Weisblum

    85 A.D.3d 95 (N.Y. App. Div. 2011)   Cited 781 times
    Holding the Supreme Court should have denied the servicer's motion for summary judgment in part because the affidavit failed to established proper service

  9. U.S. Bank v. Collymore

    68 A.D.3d 752 (N.Y. App. Div. 2009)   Cited 807 times
    Noting that the "physical delivery of the note prior to commencement of the foreclosure action is sufficient to transfer the obligation, and the mortgage passes with the debt as an inseparable incident"

  10. Jenkins v. JP Morgan Chase Bank, N.A.

    216 Cal.App.4th 497 (Cal. Ct. App. 2013)   Cited 575 times   6 Legal Analyses
    Holding that a loan servicer, as agent for the beneficiary, may record a notice of default and initiate nonjudicial foreclosure

  11. Section 2605 - Servicing of mortgage loans and administration of escrow accounts

    12 U.S.C. § 2605   Cited 3,716 times   23 Legal Analyses
    Describing "qualified written request"

  12. Section 1304 - Required prior notices

    N.Y. Real Prop. Acts. Law § 1304   Cited 2,214 times   1 Legal Analyses
    Identifying required contents of form notice

  13. Section 1641 - Liability of assignees

    15 U.S.C. § 1641   Cited 1,337 times   14 Legal Analyses
    Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605

  14. Section 1-201 - General definitions

    N.Y. U.C.C. Law § 1-201   Cited 591 times
    Defining delivery as "voluntary transfer of possession"

  15. Section 3-202 - Negotiation

    N.Y. U.C.C. Law § 3-202   Cited 308 times
    Requiring delivery for all negotiations

  16. Section 3-104 - Form of Negotiable Instruments; "Draft"; "Check"; "Certificate of Deposit"; "Note"

    N.Y. U.C.C. Law § 3-104   Cited 210 times
    Providing that to be "a negotiable instrument," a writing must "be signed by the maker or drawer"

  17. Section 240 - Definitions and use of terms

    N.Y. Real Prop. Law § 240   Cited 177 times

    1. The term "heirs," or other words of inheritance, are not requisite to create or convey an estate in fee. 2. The term "conveyance," as used in this article, includes every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered. 3. Every instrument creating, transferring, assigning or surrendering an estate or interest in real property must be construed according to the intent of the parties, so far as such intent

  18. Section 290 - Definitions; effect of article

    N.Y. Real Prop. Law § 290   Cited 160 times

    1. The term "real property," as used in this article, includes lands, tenements and hereditaments and chattels real, except a lease for a term not exceeding three years. 2. The term "purchaser" includes every person to whom any estate or interest in real property is conveyed for a valuable consideration, and every assignee of a mortgage, lease or other conditional estate. 3. The term "conveyance" includes every written instrument, by which any estate or interest in real property is created, transferred

  19. Section 3-204 - Special Indorsement; Blank Indorsement

    N.Y. U.C.C. Law § 3-204   Cited 132 times

    (1) A special indorsement specifies the person to whom or to whose order it makes the instrument payable. Any instrument specially indorsed becomes payable to the order of the special indorsee and may be further negotiated only by his indorsement. (2) An indorsement in blank specifies no particular indorsee and may consist of a mere signature. An instrument payable to order and indorsed in blank becomes payable to bearer and may be negotiated by delivery alone until specially indorsed. (3) The holder

  20. Section 1921 - Discharge of mortgage

    N.Y. Real Prop. Acts. Law § 1921   Cited 108 times
    Stating that a "mortgagee shall be liable" if it fails to timely "deliver the satisfaction of mortgage ... or ... any other documents as required by [law]"

  21. Section 500.23 - Amicus curiae relief

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.23   Cited 3 times

    Any non-party other than the Attorney General seeking to file an amicus brief on an appeal, certified question or motion for leave to appeal must obtain permission by motion. Potential amici seeking information are encouraged to contact the clerk's office by telephone during business hours. Information on the calendar status of appeals and certified questions, court session dates and appropriate return dates for amicus motions also is available on the court's website. (a)Motions for amicus curiae

  22. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation