§Why CasetextPricing

Caito v. Citibank

MEMORANDUM IN SUPPORT

32 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,100 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,127 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Maldonado v. Fontanes

    568 F.3d 263 (1st Cir. 2009)   Cited 875 times
    Holding that a consensus of three circuits was sufficient to establish that the killing of a pet was a seizure within the meaning of the Fourth Amendment

  4. Watterson v. Page

    987 F.2d 1 (1st Cir. 1993)   Cited 1,445 times
    Holding that an allegation that a psychologist and a state social worker conspired to present false testimony and withhold material evidence from the court failed because all witnesses at judicial proceedings have an absolute immunity from damages liability based on their testimony

  5. Gooley v. Mobil Oil Corp.

    851 F.2d 513 (1st Cir. 1988)   Cited 1,067 times
    Holding that "it is the plaintiff's burden to take the step which brings his case safely into the next phase of the litigation. The court need not conjure up unpled allegations or contrive elaborately arcane scripts in order to" allow the plaintiff's complaint to survive

  6. In re Colonial Mortgage Bankers Corp.

    324 F.3d 12 (1st Cir. 2003)   Cited 478 times
    Holding that a judge may dismiss a case based on the affirmative defense of claim preclusion if the defense is disclosed in “the complaint, the documents (if any) incorporated therein, matters of public record, and other matters of which the court may take judicial notice”; and (b) “the facts so gleaned ... conclusively establish the ... defense”

  7. Culhane v. Aurora Loan Servs. of Neb.

    708 F.3d 282 (1st Cir. 2013)   Cited 260 times
    Holding that it is uncontested that "a mortgagee has the authority to exercise the statutory power of sale."

  8. Berner v. Delahanty

    129 F.3d 20 (1st Cir. 1997)   Cited 323 times
    Holding that courtroom is a nonpublic forum

  9. United States v. AVX Corp.

    962 F.2d 108 (1st Cir. 1992)   Cited 323 times
    Holding that intervenor who opposed consent decree could not appeal the district court's order approving the decree without satisfying Article III standing requirements

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

    733 F.3d 349 (1st Cir. 2013)   Cited 149 times
    Holding that, under Massachusetts law, a mortgagor has standing to “challenge a mortgage assignment as invalid, ineffective, or void”

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 361,853 times   961 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,069 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 34-11-1 - Conveyances required to be in writing and recorded

    R.I. Gen. Laws § 34-11-1   Cited 24 times

    Every conveyance of lands, tenements or hereditament absolutely, by way of mortgage, or on condition, use or trust, for any term longer than one year, and all declarations of trusts concerning the conveyance, shall be void unless made in writing duly signed, acknowledged as hereinafter provided, delivered, and recorded in the records of land evidence in the town or city where the lands, tenements or hereditaments are situated; provided, however, that the conveyance, if delivered, as between the parties

  14. Section 34-11-24 - Effect of assignment of mortgage

    R.I. Gen. Laws § 34-11-24   Cited 18 times

    An assignment of mortgage substantially following the form entitled "Assignment of Mortgage" shall, when duly executed, have the force and effect of granting, bargaining, transferring and making over to the assignee, his or her heirs, executors, administrators, and assigns, the mortgage deed with the note and debt thereby secured, and all the right, title and interest of the mortgagee by virtue thereof in and to the estate described therein, to have and to hold the mortgage deed with the privileges

  15. Section 34-16-5 - Contents of complaint

    R.I. Gen. Laws § 34-16-5   Cited 7 times
    Requiring quiet title complaint to contain, inter alia, “ recital of the character and source of the claims adverse”

  16. Section 34-11-12 - Statutory forms set out

    R.I. Gen. Laws § 34-11-12   Cited 3 times

    The statutory forms referred to in § 34-11-11 are as follows: (1) WARRANTY DEED. §§§ of §§ for consideration paid, grant to of §§ with warranty covenants §§§(description, and encumbrances, if any) Witness §§ hand this §§ day of (Here add acknowledgment.) (2) QUITCLAIM DEED. §§§of §§ for consideration paid, grant to of §§ with quitclaim covenants, §§§(description, and encumbrances, if any) Witness §§ hand this §§ day of (Here add acknowledgment.) (3) DEED OF EXECUTOR, ADMINISTRATOR, TRUSTEE, GUARDIAN