§Why CasetextPricing

Rodriguez et al v. America's Servicing Company

MEMORANDUM in Support re MOTION to Dismiss

17 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,597 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,563 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,437 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  4. U.S. Bank National Assoc. v. Ibanez

    458 Mass. 637 (Mass. 2011)   Cited 348 times   3 Legal Analyses
    Holding that in Massachusetts, another "title theory" state, a mortgage assignment need not "be in recordable form"

  5. Pantoja v. Countrywide Home Loans, Inc.

    640 F. Supp. 2d 1177 (N.D. Cal. 2009)   Cited 314 times   1 Legal Analyses
    Holding that there is no express or implicit private right of action under TARP

  6. Commonwealth v. Fremont

    452 Mass. 733 (Mass. 2008)   Cited 102 times   1 Legal Analyses
    Holding legality of each of four features defendant used insufficient for Chapter 93A statutory exemption where defendant used those features in combination and was unable to show that combination of features was affirmatively permitted

  7. Hart v. Countrywide Home Loans, Inc.

    735 F. Supp. 2d 741 (E.D. Mich. 2010)   Cited 95 times
    Holding there is no implied or express private right to sue under HAMP and collecting authority

  8. Salois v. Dime Savings Bank of New York

    128 F.3d 20 (1st Cir. 1997)   Cited 107 times
    Holding that claims accrued when plaintiffs signed loan contracts because lender did not conceal from plaintiffs the facts giving rise to her claim of predatory lending; rather, the "[loan] documents contained all of the information necessary to determine" the interest rate on the loan

  9. Williams v. Geithner

    Civil No. 09-1959 ADM/JJG (D. Minn. Nov. 9, 2009)   Cited 60 times
    Finding that “[i]f the borrower remains current throughout the trial period, the servicer must then provide a loan modification”

  10. Kozaryn v. Ocwen Loan Servicing Llc

    784 F. Supp. 2d 100 (D. Mass. 2011)   Cited 21 times
    Dismissing a Chapter 93A claim premised on the servicer's denial of a loan modification on the allegedly false basis of nonsubmission of financial documents

  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 344,659 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 260:5A - Consumer protection actions

    Mass. Gen. Laws ch. 260 § 5A   Cited 220 times   2 Legal Analyses
    Setting a four-year statute of limitations

  13. Section 183C:3 - Counseling required

    Mass. Gen. Laws ch. 183C § 3   Cited 10 times

    A creditor may not make a high-cost home mortgage loan without first receiving certification from a counselor with a third-party nonprofit organization approved by the United States Department of Housing and Urban Development, a housing financing agency of this state, or the regulatory agency which has jurisdiction over the creditor, that the borrower has received counseling on the advisability of the loan transaction. Counseling shall be allowed in whole or in part by telephonic means. The commissioner

  14. Section 1715z-23 - HOPE for Homeowners Program

    12 U.S.C. § 1715z-23   Cited 4 times

    (a) Establishment There is established in the Federal Housing Administration a HOPE for Homeowners Program. (b) Purpose The purpose of the HOPE for Homeowners Program is- (1) to create an FHA program, participation in which is voluntary on the part of homeowners and existing loan holders to insure refinanced loans for distressed borrowers to support long-term, sustainable homeownership; (2) to allow homeowners to avoid foreclosure by reducing the principle 1 balance outstanding, and interest rate