§Why CasetextPricing

Burnett v. Tax Ease Funding, L P

MOTION for Summary Judgment

45 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,147 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,112 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Templet v. Hydrochem Inc.

    367 F.3d 473 (5th Cir. 2004)   Cited 2,336 times
    Holding evidence was not newly discovered because "the underlying facts were well within the [party's] knowledge prior to the district court's entry of judgment"

  4. Koons Buick Pontiac GMC, Inc. v. Nigh

    543 U.S. 50 (2004)   Cited 258 times   2 Legal Analyses
    Holding that the recovery cap of $2000 in 1640 also applies to cases governed by 1640

  5. Pollice v. National Tax Funding, L.P.

    225 F.3d 379 (3d Cir. 2000)   Cited 531 times
    Holding that a tax lien transfer agreement was not a credit transaction under TILA because "the nature of the underlying claim" as a property tax had not "been extinguished"

  6. Edwards v. Your Credit Inc.

    148 F.3d 427 (5th Cir. 1998)   Cited 507 times
    Requiring "citations [in the motion] to each page of the appendix that supports each assertion that the party makes concerning summary judgment evidence."

  7. In re Community Bank of Northern Virginia

    622 F.3d 275 (3d Cir. 2010)   Cited 287 times   3 Legal Analyses
    Holding that similar allegations were sufficient to plead an entitlement to equitable tolling

  8. Phillips Inc. v. Walling

    324 U.S. 490 (1945)   Cited 532 times   10 Legal Analyses
    Holding that exemptions from remedial legislation must be narrowly construed

  9. Frazile v. EMC Mortgage Corp.

    382 F. App'x 833 (11th Cir. 2010)   Cited 99 times
    Holding that showing damages caused by the failure to provide notice of transfer is a “necessary element” of a RESPA claim

  10. Staub v. Harris

    626 F.2d 275 (3d Cir. 1980)   Cited 181 times
    Holding that "at a minimum, the [FDCPA] contemplates that the debt has arisen as a result of the rendition of a service or purchase of property or other item of value"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,074 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,243 times   83 Legal Analyses
    Defining debt collector

  13. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,924 times   25 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  14. Section 1635 - Right of rescission as to certain transactions

    15 U.S.C. § 1635   Cited 3,308 times   27 Legal Analyses
    Granting consumers the right to rescind

  15. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,877 times   18 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act

  16. Section 1639 - Requirements for certain mortgages

    15 U.S.C. § 1639   Cited 994 times   2 Legal Analyses
    Describing information that must be disclosed to consumers by a creditor, including annual percentage rate and monthly payment

  17. Section 351.001 - Short Title

    Tex. Fin. Code § 351.001   Cited 1 times

    This chapter may be cited as the Property Tax Lender License Act. Tex. Fin. Code § 351.001 Added by Acts 2007, 80th Leg., R.S., Ch. 1220, Sec. 1, eff. 9/1/2007.

  18. Section 226.23 - Right of rescission

    12 C.F.R. § 226.23   Cited 1,216 times   3 Legal Analyses
    Granting extended right to cancel to "consumers" in the event of nondisclosures

  19. Section 226.2 - Definitions and rules of construction

    12 C.F.R. § 226.2   Cited 866 times   1 Legal Analyses
    Defining "consumer credit"

  20. Section 226.1 - Authority, purpose, coverage, organization, enforcement, and liability

    12 C.F.R. § 226.1   Cited 826 times   5 Legal Analyses
    Recognizing that Regulation Z was issued by the Board of Governors to implement the TILA

  21. Section 226.32 - Requirements for certain closed-end home mortgages

    12 C.F.R. § 226.32   Cited 172 times   5 Legal Analyses
    Stating that the annual percentage rate may not exceed the yield on treasury securities by more than "8 percentage points for first-lien loans, or by more than 10 percentage points for subordinate lien loans."

  22. Section 226.22 - Determination of annual percentage rate

    12 C.F.R. § 226.22   Cited 53 times
    Stating that the annual percentage rate "is a measure of the cost of credit . . . that relates the amount and timing of value received by the consumer to the amount and timing of payments made"

  23. Section 226.31 - General rules

    12 C.F.R. § 226.31   Cited 22 times

    (a)Relation to other subparts in this part. The requirements and limitations of this subpart are in addition to and not in lieu of those contained in other subparts of this part. (b)Form of disclosures. The creditor shall make the disclosures required by this subpart clearly and conspicuously in writing, in a form that the consumer may keep. The disclosures required by this subpart may be provided to the consumer in electronic form, subject to compliance with the consumer consent and other applicable

  24. Section 89.601 - Fees for Closing Costs

    7 Tex. Admin. Code § 89.601   Cited 2 times
    Listing examples of closing costs for a property tax loan secured by a homestead