Ashcroft v. Iqbal

Holding court need not credit "mere conclusory statements" in complaint

Bell Atl. Corp. v. Twombly

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

DiFolco v. MSNBC Cable L.L.C.

Holding that "[i]n considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b), a district court may consider . . . documents incorporated by reference in the complaint" and any document "where the complaint relies heavily upon its terms and effect, thereby rendering the document integral to the complaint"

Fidelity Federal Savings & Loan Ass'n v. De La Cuesta

Holding that a regulation authorizing federal savings-and-loan associations to include due-on-sale clauses in mortgage contracts conflicted with a state-court doctrine that such clauses were un-enforceable

Barnett Bank of Marion County, N.A. v. Nelson

Holding that a federal statute permitting banks to act as agents of insurance companies, although not insurers themselves, was a statute regulating the "business of insurance" for McCarran-Ferguson purposes

Mangiafico v. Blumenthal

Holding that a motion to dismiss is not converted where the court refers to extraneous material for background purposes but does not rely on it as a basis for dismissal

Watters v. Wachovia Bank, N.A.

Holding that a national bank's mortgage lending activities, “whether conducted by the bank itself or through the bank's operating subsidiary, ” is governed by federal law and regulations rather than “the licensing, reporting, and visitorial regimes of the several States in which the subsidiary operates.”

Nationsbank of N.C. v. Variable Annuity Life Ins. Co.

Holding that allowing customers to invest in annuities is an "incidental power" of banking

Palmer v. Champion Mortg

Holding that three-business-day language rendered notice "crystal clear" where plaintiff received notice after the expiration date noted within notice had passed

In re Community Bank of Northern Virginia

Holding complete preemption exists with respect to Section 27, and state law usury claims against state-chartered bank were appropriately removed to federal court

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Section 1601 - Congressional findings and declaration of purpose

Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”

Section 2601 - Congressional findings and purpose

Providing purpose of RESPA is "to effect certain changes in the settlement process for residential real estate"

Section 1635 - Right of rescission as to certain transactions

Granting consumers the right to rescind

Section 1602 - Definitions and rules of construction

Granting Federal Reserve authority to issue rules to carry out the CARD Act

Section 2614 - Jurisdiction of courts; limitations

Granting RESPA jurisdiction to federal district courts and "any other court of competent jurisdiction"

Section 42-110a - Definitions

Section 24 - Corporate powers of associations

Authorizing banks "[t]o exercise . . . all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt . . . and by obtaining, issuing, and circulating notes"

Section 2609 - Limitation on requirement of advance deposits in escrow accounts

Limiting amount of advance deposit in escrow account that lender may require in connection with federally related mortgage loan

Section 226.23 - Right of rescission

Granting extended right to cancel to "consumers" in the event of nondisclosures

Section 34.4 - Applicability of state law

Identifying preempted state controls on mortgage lending, including licensing and registration

Section 1026.2 - [Effective until 10/1/2025] Definitions and rules of construction

Defining "consummation"

Section 1026.23 - Right of rescission

Describing that amounts within one-half of one percent of the accurate amount shall be considered accurate

Section 1024.8 - Use of HUD-1 or HUD-1A settlement statements