33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 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. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 17,731 times   72 Legal Analyses
    Holding that preliminary injunctions "may only be awarded upon a clear showing that the plaintiff is entitled to such relief"
  4. Wilton v. Seven Falls Co.

    515 U.S. 277 (1995)   Cited 4,419 times   7 Legal Analyses
    Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test
  5. Car Carriers, Inc. v. Ford Motor Co.

    745 F.2d 1101 (7th Cir. 1984)   Cited 2,403 times
    Holding that a complaint may not be amended by briefs in opposition to a motion to dismiss
  6. Bain v. Metro. Mortg. Grp., Inc.

    175 Wn. 2d 83 (Wash. 2012)   Cited 317 times   1 Legal Analyses
    Holding that “MERS is an ineligible “ ‘beneficiary’ ” within the terms of the Washington Deed of Trust Act' if it never held the promissory note or other debt instrument secured by the deed of trust,” and that “characterizing MERS as the beneficiary has the capacity to deceive” and may give rise to an action under the Consumer Protection Act
  7. Glazer v. Chase Home Finance LLC

    704 F.3d 453 (6th Cir. 2013)   Cited 294 times   12 Legal Analyses
    Holding that all “mortgage foreclosure is debt collection” for the purposes of the FDCPA
  8. Perry v. Stewart Title Co

    756 F.2d 1197 (5th Cir. 1985)   Cited 618 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
  9. Woods v. U.S. Bank N.A.

    831 F.3d 1159 (9th Cir. 2016)   Cited 130 times
    Holding that dismissal is proper where complaint lacks "a cognizable legal theory"
  10. Certification from the U.S. Dist. Court for the W. Dist. of Wash. in Frias v. Asset Foreclosure Servs., Inc.

    181 Wn. 2d 412 (Wash. 2014)   Cited 136 times   1 Legal Analyses
    Holding that RCW 61.24.127 was enacted to benefit borrowers
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 115,596 times   200 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,788 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  14. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,259 times   143 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
  15. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,334 times   83 Legal Analyses
    Defining debt collector
  16. Section 61.24.130 - Restraint of sale by trustee-Conditions-Notice

    Wash. Rev. Code § 61.24.130   Cited 204 times
    Granting borrower power to initiate court action
  17. Section 61.24.030 - [Effective 1/1/2028] Requisites to trustee's sale

    Wash. Rev. Code § 61.24.030   Cited 115 times   2 Legal Analyses
    Requiring "a statement that the borrower . . . has recourse to the courts to contest the alleged default on any proper ground."
  18. Section 62A.3-301 - Person entitled to enforce instrument

    Wash. Rev. Code § 62A.3-301   Cited 90 times

    "Person entitled to enforce" an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to RCW 62A.3-309 or 62A.3-418(d). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument. RCW 62A.3-301 1993 c 229 § 29; 1965

  19. Section 62A.3-501 - Presentment

    Wash. Rev. Code § 62A.3-501   Cited 6 times

    (a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee. (b) The following rules are subject to Article 4, agreement of the parties, and clearinghouse rules and the like: (1) Presentment may be made at the place of payment of the instrument and must

  20. Section 62A.3-502 - Dishonor

    Wash. Rev. Code § 62A.3-502   Cited 2 times
    Defining “dishonor”