§Why CasetextPricing

Perdum v. Wells Fargo Home Mortgage et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

39 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 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 276,716 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. Bonner v. City of Prichard

    661 F.2d 1206 (11th Cir. 1981)   Cited 16,371 times   2 Legal Analyses
    Holding that all decisions from the Fifth Circuit Court of Appeals issued prior to the close of business of September 30, 1981, are binding precedent in the Eleventh Circuit

  4. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,841 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims

  5. Edwards v. Prime Inc.

    602 F.3d 1276 (11th Cir. 2010)   Cited 1,054 times   4 Legal Analyses
    Holding that legal conclusions about hypothetical facts are dicta

  6. Watts v. Fla. Int'l

    495 F.3d 1289 (11th Cir. 2007)   Cited 1,152 times   1 Legal Analyses
    Holding that a complaint is sufficient if it identifies facts that are suggestive enough to render the necessary elements plausible

  7. Wallis v. Justice Oaks II, Ltd.

    898 F.2d 1544 (11th Cir. 1990)   Cited 445 times   1 Legal Analyses
    Holding that the authorization of a settlement is not a final decision on the merits

  8. You v. JP Morgan Chase Bank, N.A.

    293 Ga. 67 (Ga. 2013)   Cited 159 times   3 Legal Analyses
    Holding that security deed is not a negotiable instrument and is therefore not governed by Article 3

  9. Lobo v. Celebrity Cruises, Inc.

    704 F.3d 882 (11th Cir. 2013)   Cited 121 times
    Holding that a Rule 12(b) dismissal with prejudice is an adjudication on the merits

  10. Montgomery v. Bank of Am.

    321 Ga. App. 343 (Ga. Ct. App. 2013)   Cited 102 times
    Holding that a borrower could not challenge an assignment to which he was not a party, even if the assignment was forged

  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 357,835 times   950 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 162,084 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. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 113,740 times   200 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,431 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  15. Section 1641 - Liability of assignees

    15 U.S.C. § 1641   Cited 1,357 times   14 Legal Analyses
    Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605

  16. Section 1639g - Requests for payoff amounts of home loan

    15 U.S.C. § 1639g   Cited 33 times   5 Legal Analyses

    A creditor or servicer of a home loan shall send an accurate payoff balance within a reasonable time, but in no case more than 7 business days, after the receipt of a written request for such balance from or on behalf of the borrower. 15 U.S.C. § 1639g Pub. L. 90-321, title I, §129G, as added Pub. L. 111-203, title XIV, §1464(b), July 21, 2010, 124 Stat. 2184. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATESection effective on the date on which final regulations implementing such section