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Rogers v. Bank of America, N.A. et al

MEMORANDUM in Support re MOTION to Dismiss/General

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,882 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 277,112 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. Porous Media Corp. v. Pall Corp.

    186 F.3d 1077 (8th Cir. 1999)   Cited 1,412 times   1 Legal Analyses
    Holding that, when considering a motion to dismiss, the court "may consider some materials that are part of the public record or do not contradict the complaint, as well as materials that are necessarily embraced by the pleadings"

  4. Jackson v. Mortgage Electronic Reg. Sys.

    770 N.W.2d 487 (Minn. 2009)   Cited 226 times
    Holding that Minnesota law does not require recording of assignments of promissory notes among MERS members

  5. Paidar v. Hughes

    615 N.W.2d 276 (Minn. 2000)   Cited 114 times
    Holding that attorneys' fees are allowed in slander of title actions because "one party's tortious conduct necessitated litigation by the other party"

  6. Welk v. GMAC Mortgage, LLC

    850 F. Supp. 2d 976 (D. Minn. 2012)   Cited 71 times
    Finding law firm was fraudulently joined because claims against it were frivolous

  7. Myrlie v. Countrywide Bank

    775 F. Supp. 2d 1100 (D. Minn. 2011)   Cited 24 times
    Finding that an action based on a loan modification agreement is barred by Minn. Stat. § 513.33 unless the agreement is in writing, expresses consideration, sets forth terms and conditions, and is signed

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

    Civil No. 12-589(DSD/LIB) (D. Minn. Aug. 23, 2012)   Cited 21 times
    Holding that plaintiffs' claims "upon information and belief" regarding the execution and validity of assignments are bare and conclusory and fail to satisfy Rule 8

  9. Blaylock v. Wells Fargo Bank, N.A.

    Civil No. 12-693 ADM/LIB (D. Minn. Jun. 29, 2012)   Cited 15 times
    In Blaylock, Butler filed a motion to remand, made repeated attempts to assert the rejected "show me the note" theory, and made baseless quiet title claims.

  10. LaBrant v. Mortg. Elec. Registration Sys., Inc.

    870 F. Supp. 2d 671 (D. Minn. 2012)   Cited 7 times
    Holding that the plaintiffs did not reasonably rely on the defendant's purported representation—that it would modify their mortgage—when they ceased making payments on the mortgage altogether

  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 358,269 times   949 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 162,307 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. Section 8.31 - ADDITIONAL DUTIES OF ATTORNEY GENERAL

    Minn. Stat. § 8.31   Cited 322 times   3 Legal Analyses
    Listing sections 325D.09 to 325.D.16 and then skipping to sections 325D.49 to 325D.66

  14. Section 580.02 - REQUISITES FOR FORECLOSURE

    Minn. Stat. § 580.02   Cited 106 times   1 Legal Analyses
    Stating requirements that must be met before foreclosure

  15. Section 513.33 - CREDIT AGREEMENTS

    Minn. Stat. § 513.33   Cited 98 times   1 Legal Analyses
    Requiring that all credit agreements, including mortgage modifications, be in writing

  16. Section 513.01 - NO ACTION ON AGREEMENT

    Minn. Stat. § 513.01   Cited 64 times
    Providing in pertinent part "No action shall be maintained . . . upon any agreement, unless such agreement, or some note or memorandum thereof, expressing the consideration, is in writing, and subscribed by the party charged therewith: Every agreement that by its terms is not to be performed within one year from the making thereof."

  17. Section 580.04 - REQUISITES OF NOTICE

    Minn. Stat. § 580.04   Cited 31 times
    Stating that the notice must include "the name of the mortgagor, the mortgagee, each assignee of the mortgage"

  18. Section 58.18 - PRIVATE RIGHT OF ACTION

    Minn. Stat. § 58.18   Cited 29 times   1 Legal Analyses

    Subdivision 1.Remedies. A borrower injured by a violation of the standards, duties, prohibitions, or requirements of sections 58.13, 58.136, 58.137, 58.16, and 58.161 shall have a private right of action and the court shall award: (1) actual, incidental, and consequential damages; (2) statutory damages equal to the amount of all lender fees included in the amount of the principal of the residential mortgage loan as defined in section 58.137; (3) punitive damages if appropriate, and as provided in

  19. Section 580.11 - MORTGAGEE OR ASSIGNEE MAY PURCHASE

    Minn. Stat. § 580.11   Cited 18 times

    The mortgagee, the mortgagee's assignee, or the legal representative of either or both, may fairly and in good faith purchase the premises so advertised, or any part thereof, at such sale. Minn. Stat. § 580.11 (9612) RL s 4467; 1986 c 444

  20. Section 8.13 - CONTEST OF BARRIERS ON DAIRY PRODUCTS

    Minn. Stat. § 8.13

    The attorney general is authorized to take such action as the attorney general deems necessary in order to contest or oppose existing statutes, ordinances, rules, orders or other trade barriers which may restrict the sale in other states of milk or other dairy products produced in Minnesota; to study and investigate problems concerning the free movement of milk and other dairy products in interstate commerce and to present the results thereof to such legislative and executive agencies of the federal