§Why CasetextPricing

Carson et al v. Ocwen Loan Servicing Llc et al

MOTION for Summary Judgment

75 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,210 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 216,309 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. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,121 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  4. Butner v. United States

    440 U.S. 48 (1979)   Cited 4,387 times   17 Legal Analyses
    Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law

  5. Young v. Wells Fargo Bank, N.A.

    717 F.3d 224 (1st Cir. 2013)   Cited 383 times
    Holding that mortgagor stated a claim under Massachusetts contract law based on servicer' s alleged failure to offer a permanent modification agreement after completion of the temporary payment plan where the servicer of the plan promised to modify at the conclusion of the trial period if the borrower complied with the payment schedule

  6. 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"

  7. Chiang v. Verizon New Eng.

    595 F.3d 26 (1st Cir. 2010)   Cited 367 times   3 Legal Analyses
    Holding that, in suits against furnishers and agencies alike, a plaintiff must "demonstrate some causal relationship between the ... allegedly unreasonable reinvestigation and the failure to discover inaccuracies in his account."

  8. LaChapelle v. Berkshire Life Ins. Co.

    142 F.3d 507 (1st Cir. 1998)   Cited 436 times
    Holding that dismissal is appropriate if the plaintiffs allegations "leave no doubt" that the statute of limitations would bar the claim

  9. Perry v. Stewart Title Co

    756 F.2d 1197 (5th Cir. 1985)   Cited 606 times
    Holding a mortgage servicer is not a debt collector as long as the debt was not in default at the time it was assigned

  10. Conservancy v. CitiMortgage, Inc.

    2012 Me. 103 (Me. 2012)   Cited 214 times
    Concluding that the emotional harm suffered by property owners whose property was inadvertently secured in foreclosure did not amount to compensable emotional distress damages

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,736 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 362 - Automatic stay

    11 U.S.C. § 362   Cited 29,428 times   174 Legal Analyses
    Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

  13. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,998 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  14. Section 363 - Use, sale, or lease of property

    11 U.S.C. § 363   Cited 7,088 times   156 Legal Analyses
    Granting trustee authority, after notice and hearing, to sell property of estate

  15. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,926 times   108 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  16. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,218 times   83 Legal Analyses
    Defining debt collector

  17. Section 524 - Effect of discharge

    11 U.S.C. § 524   Cited 6,156 times   72 Legal Analyses
    Enjoining "an act to collect, recover, or offset any such debt" without specifying that only current creditors are enjoined

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

    12 U.S.C. § 2605   Cited 3,722 times   23 Legal Analyses
    Describing "qualified written request"

  19. Section 2601 - Congressional findings and purpose

    12 U.S.C. § 2601   Cited 3,442 times   23 Legal Analyses
    Providing purpose of RESPA is "to effect certain changes in the settlement process for residential real estate"

  20. Section 1692f - Unfair practices

    15 U.S.C. § 1692f   Cited 3,398 times   35 Legal Analyses
    Providing a non-exhaustive list of conduct that is unfair or unconscionable

  21. Section 1024.36 - Requests for information

    12 C.F.R. § 1024.36   Cited 216 times   14 Legal Analyses
    Providing the requirements for responding to a QWR that requests information