§Why CasetextPricing

McKenna v. Wells Fargo Bank, N.A.

MEMORANDUM in Opposition re MOTION to Dismiss

15 Cited authorities

  1. In re Gavin

    319 B.R. 27 (B.A.P. 1st Cir. 2004)   Cited 30 times
    Holding the moving party could not trace the chain of title through valid endorsements

  2. Melfi v. WMC Mortgage Corp.

    568 F.3d 309 (1st Cir. 2009)   Cited 20 times
    Holding that lender's failure to fill in the date of the transaction on the notice of rescission rights provided to the borrower did not confuse the borrower because borrower was present at closing and knew the date of the transaction from the date-stamp on the top of the form

  3. Negron v. Gordon

    373 Mass. 199 (Mass. 1977)   Cited 52 times
    Holding that mortgagee holds legal title subject to defeasance

  4. In re Fidler

    210 B.R. 411 (Bankr. D. Mass. 1997)   Cited 18 times
    Holding that a court may consider testimony that would be admissible at trial and disregard the rest

  5. Pineo v. White

    320 Mass. 487 (Mass. 1946)   Cited 74 times

    October 31, 1946. December 2, 1946. Present: FIELD, C.J., DOLAN, RONAN, WILKINS, SPALDING, JJ. Mortgage, Of real estate: to husband and wife, discharge. Tenants by the Entirety. Real Property, Tenancy by the entirety. Equity Pleading and Practice, Demurrer. Statement by RONAN, J., as to hearing of a suit in equity on the merits before hearing of a demurrer filed with the answer. It was irregular procedure to hear a suit in equity on the merits after a demurrer, filed with the answer, had been sustained

  6. Bottomly v. Kabachnick

    434 N.E.2d 667 (Mass. App. Ct. 1982)   Cited 12 times
    Invalidating foreclosure sale arising from a notice that failed to state the name of the holder of the mortgage

  7. Vee Jay Realty Trust Co. v. DiCroce

    360 Mass. 751 (Mass. 1972)   Cited 11 times

    November 4, 1971. January 11, 1972. Present: TAURO, C.J., CUTTER, REARDON, BRAUCHER, HENNESSEY, JJ. Taxation, Real estate tax: taking, sale of land of low value, tax deed. Notice. Mortgage, Of real estate: mortgagee as owner, tax title. Deed, Description, Tax deed. A mortgagee of land not in possession is not entitled, as of right, to notice of a taking of the mortgaged property by a town for nonpayment of taxes pursuant to G.L.c. 60, §§ 53, 40, and must take some affirmative action to cause the

  8. Boston v. Quincy Market Cold Storage Co.

    312 Mass. 638 (Mass. 1942)   Cited 47 times
    In Boston v. Quincy Mkt. Cold Storage Warehouse Co. 312 Mass. 638, 653-654, it was recognized that the bearing of § 11 upon exemption was at most "indirect or derivative."

  9. Perry v. Miller

    330 Mass. 261 (Mass. 1953)   Cited 30 times
    Collecting earlier cases

  10. Aragona v. Parrella

    91 N.E.2d 778 (Mass. 1950)   Cited 13 times

    January 5, 1950. April 3, 1950. Present: QUA, C.J., RONAN, WILKINS, SPALDING, COUNIHAN, JJ. Negligence, Invited person, Gross, One owning or controlling real estate. A mortgagee under a mortgage in the statutory form, who went to the mortgaged premises to inspect them pursuant to an agreement that he might do so made with the mortgagor before the execution of the mortgage and merged therein, or as a result of an invitation by the mortgagor, for which there was no consideration, extended in conversations

  11. Section 1641 - Liability of assignees

    15 U.S.C. § 1641   Cited 1,339 times   14 Legal Analyses
    Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605

  12. Section 106:1-201 - General definitions

    Mass. Gen. Laws ch. 106 § 1-201   Cited 58 times
    Defining knowledge for organizations