9 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,360 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
James v. Wadas
724 F.3d 1312 (10th Cir. 2013) Cited 416 times 1 Legal Analyses
Holding we will not act as the appellant's advocate
Hulse v. Ocwen Federal Bank
195 F. Supp. 2d 1188 (D. Or. 2002) Cited 346 times 2 Legal Analyses
Holding that the FDCPA is concerned only with preventing abuse in the collection of funds from a debtor and foreclosure is distinct from this process because "payment of funds is not the object of a foreclosure action"
Burns v. McGraw-Hill Broadcasting
659 P.2d 1351 (Colo. 1983) Cited 97 times
Holding that party accepting remittitur under protest may cross-appeal when party who benefits appeals for other reasons
Clark v. Green Tree Servicing LLC
69 F. Supp. 3d 1203 (D. Colo. 2014) Cited 16 times
Finding plaintiff's claim for fraudulent misrepresentation and for violation of the CCPA not barred by the economic loss doctrine to the extent they were based upon defendant's false representations, not a breach of loan modification agreement
David Sudduth, Apartments Resurfacing, L. L.C. v. CitiMortgage, Inc.
79 F. Supp. 3d 1193 (D. Colo. 2015) Cited 13 times
Civil Action No. 14–cv–00874–RM–KMT 2015-01-28 David Sudduth, Apartments Resurfacing, L.L.C., and Daylan Hunt, Plaintiffs, v. Citimortgage, Inc., Servis One, Inc., d/b/a BSI Financial Services Inc., and MRH Sub 1 L.L.C., Defendants. Timothy A. Bullock, Bullock Law L.L.C., Castle Rock, CO, for Plaintiffs. Deanne Renee Stodden, Jennifer C. Rogers, Rogers & Stodden, LLC, Christopher T. Groen, Fox Rothschild LLP, Phillip A. Vaglica, Castle Law Group, LLC, Denver, CO, for Defendants. RAYMOND P. MOORE
Schwitzer v. Wells Fargo Bank, N.A.
Civil Action No. 12-cv-01367-RBJ-MJW (D. Colo. Feb. 19, 2013) Cited 3 times
Civil Action No. 12-cv-01367-RBJ-MJW 02-19-2013 JAMES J. SCHWITZER and TAMMY L. SCHWITZER Plaintiffs, v. WELLS FARGO BANK, N.A. and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Defendants. R. Brooke Jackson Judge R. Brooke Jackson ORDER This case is before the Court on plaintiffs' objection to a magistrate judge's recommendation that defendants' motion to dismiss this case be granted. There are several other pending motions as well. At bottom, however, the case and the pending matters present another
Drake v. Tyner
914 P.2d 519 (Colo. App. 1996) Cited 15 times
Holding that, “when a creditor on multiple debts applies an undesignated partial payment by the debtor to a debt on which the statute of limitations has not yet run, the payment tolls the statute of limitations on that debt”
Section 1692a - Definitions
15 U.S.C. § 1692a Cited 6,209 times 83 Legal Analyses
Defining debt collector

Obduskey v. Wells Fargo et al

9 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding we will not act as the appellant's advocate

Holding that the FDCPA is concerned only with preventing abuse in the collection of funds from a debtor and foreclosure is distinct from this process because "payment of funds is not the object of a foreclosure action"

Holding that party accepting remittitur under protest may cross-appeal when party who benefits appeals for other reasons

Finding plaintiff's claim for fraudulent misrepresentation and for violation of the CCPA not barred by the economic loss doctrine to the extent they were based upon defendant's false representations, not a breach of loan modification agreement

Holding that, “when a creditor on multiple debts applies an undesignated partial payment by the debtor to a debt on which the statute of limitations has not yet run, the payment tolls the statute of limitations on that debt”

Defining debt collector