§Why CasetextPricing

Breitling et al v. LNV Corporation et al

MOTION to Remand, MOTION to Sever

13 Cited authorities

  1. 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

  2. Glaski v. Bank of America, N.A.

    218 Cal.App.4th 1079 (Cal. Ct. App. 2013)   Cited 426 times   9 Legal Analyses
    Holding that where a trustee of a securitized trust accepts a note and mortgage after the date the trust closed, the acceptance is void under New York trust law

  3. Angelucci v. Century Supper Club

    41 Cal.4th 160 (Cal. 2007)   Cited 199 times
    Holding that the Unruh Act "must be construed liberally in order to carry out its purpose"

  4. Woods v. Wells Fargo Bank, N.A.

    733 F.3d 349 (1st Cir. 2013)   Cited 148 times
    Holding that, under Massachusetts law, a mortgagor has standing to “challenge a mortgage assignment as invalid, ineffective, or void”

  5. Flores v. EMC Mortg. Co.

    997 F. Supp. 2d 1088 (E.D. Cal. 2014)   Cited 116 times
    Holding that plaintiff's allegation that '[he] is ready, willing, and able to unconditionally tender his obligation to the true holder in due course of Note and Deed of Trust' was conclusory and insufficient to plead tender

  6. Miller v. Homecomings Financial, LLC

    881 F. Supp. 2d 825 (S.D. Tex. 2012)   Cited 61 times
    Finding a gap in the chain of title where purported mortgagee could only identify the most recent recorded assignment "in a chain of unknown length"

  7. Dernier v. Mortg. Network, Inc.

    2013 Vt. 96 (Vt. 2013)   Cited 32 times
    Relying on decisions by other states to decide an issue of first impression under Vermont contract law because "[w]hile we have never so held, courts in other states have qualified this strong proposition in the case of assignment of debts, .... [w]e agree with this reasoning."

  8. Beach v. Director of Revenue

    934 S.W.2d 315 (Mo. Ct. App. 1996)   Cited 37 times
    Stating that a court that notices or is informed that it lacks subject-matter jurisdiction must dismiss the action and that “ ‘ “[a]ny other action taken by a court lacking subject matter jurisdiction is null and void” ’ ”

  9. Pike v. Deutsche Bank Nat'l Trust Co.

    168 N.H. 40 (N.H. 2015)   Cited 11 times
    Applying New York law

  10. Khan v. Recontrust Co.

    81 F. Supp. 3d 867 (N.D. Cal. 2015)   Cited 4 times
    Collecting and analyzing cases

  11. Rule 736 - Expedited Order Proceeding

    Tex. R. Civ. P. 736   Cited 231 times

    736.1. Application (a)Where Filed. An application for an expedited order allowing the foreclosure of a lien listed in Rule 735 to proceed must be filed in a county where all or part of the real property encumbered by the loan agreement, contract, or lien sought to be foreclosed is located or in a probate court with jurisdiction over proceedings involving the property. (b)Style. An application must be styled "In re: Order for Foreclosure Concerning [state: property's mailing address] under Tex. R