25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 256,412 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,095 times   367 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. Porous Media Corp. v. Pall Corp.

    186 F.3d 1077 (8th Cir. 1999)   Cited 1,387 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 223 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 113 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 69 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 349,819 times   936 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 158,269 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

    Minn. Stat. § 8.31   Cited 319 times   3 Legal Analyses
    Listing sections 325D.09 to 325.D.16 and then skipping to sections 325D.49 to 325D.66

    Minn. Stat. § 580.02   Cited 104 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 62 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 58.13 - [Effective Until 8/1/2024] STANDARDS OF CONDUCT

    Minn. Stat. § 58.13   Cited 60 times   1 Legal Analyses

    Subdivision 1.Generally. (a) No person acting as a residential mortgage originator or servicer, including a person required to be licensed under this chapter, and no person exempt from the licensing requirements of this chapter under section 58.04, except as otherwise provided in paragraph (b), shall: (1) fail to maintain a trust account to hold trust funds received in connection with a residential mortgage loan; (2) fail to deposit all trust funds into a trust account within three business days

  18. 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"
  19. Section 58.18 - PRIVATE RIGHT OF ACTION

    Minn. Stat. § 58.18   Cited 28 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


    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