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Vilkofsky v. Rushmore Loan Servicing, Llc et al

BRIEF in Support re Motion to Dismiss for Failure to State a Claim Supplemental Brief in Support of Defendant Specialized Loan Servicing, LLC and U.S. Bank, N.A.'s Motion to Dismiss

28 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 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 276,716 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. Lal v. American Home Servicing, Inc.

    680 F. Supp. 2d 1218 (E.D. Cal. 2010)   Cited 208 times
    Holding that "simply having to file suit" cannot constitute actual pecuniary damage because "[i]f such were the case, every RESPA suit would inherently have a claim for damages built in."

  4. Vincent v. Money Store

    736 F.3d 88 (2d Cir. 2013)   Cited 169 times   1 Legal Analyses
    Holding the district court did not err in finding "an assignee of the plaintiffs' notes...[was] not the person to whom the debts were initially payable"

  5. Marais v. Chase Home Finance LLC

    736 F.3d 711 (6th Cir. 2013)   Cited 114 times   2 Legal Analyses
    Holding that plaintiffs could recover for damages relating to credit misreporting

  6. James v. Nationstar Mortgage, LLC

    92 F. Supp. 3d 1190 (S.D. Ala. 2015)   Cited 38 times   1 Legal Analyses
    Holding that the plaintiffs failed to state a claim against an assignee for violating § 1639f

  7. Bentley v. Greensky Trade Credit, LLC

    156 F. Supp. 3d 274 (D. Conn. 2015)   Cited 32 times
    Finding that proposed CUTPA claim would be futile, as the facts asserted alleged "[m]ere negligence"

  8. Hopson v. Chase Home Finance LLC

    14 F. Supp. 3d 774 (S.D. Miss. 2014)   Cited 27 times
    Denying request to amend as futile where the plaintiffs "failed to articulate any factual basis to support any other claims that would be more plausible than the ones they have already attempted to assert"

  9. Kelliher v. Target Nat'l Bank

    826 F. Supp. 2d 1324 (M.D. Fla. 2011)   Cited 25 times   1 Legal Analyses
    Holding that increasingly severe statements concerning delinquency status of account constituted debt collection language

  10. Kelly v. Fairon & Assocs.

    842 F. Supp. 2d 1157 (D. Minn. 2012)   Cited 17 times
    Concluding that mortgage loan servicer did not violate RESPA section requiring servicers to provide written responses to a QWR seeking information relating to the servicing of a loan by failing to provide information relating to the noteholder or master servicer, since that information did not relate to servicing

  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 357,835 times   950 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 1601 - Congressional findings and declaration of purpose

    15 U.S.C. § 1601   Cited 7,897 times   55 Legal Analyses
    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”

  13. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,967 times   26 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  14. Section 2605 - Servicing of mortgage loans and administration of escrow accounts

    12 U.S.C. § 2605   Cited 3,773 times   25 Legal Analyses
    Describing "qualified written request"

  15. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,900 times   22 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act

  16. Section 1641 - Liability of assignees

    15 U.S.C. § 1641   Cited 1,357 times   14 Legal Analyses
    Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605

  17. Section 1639f - Requirements for prompt crediting of home loan payments

    15 U.S.C. § 1639f   Cited 44 times   1 Legal Analyses
    Imposing same requirement

  18. Section 1639g - Requests for payoff amounts of home loan

    15 U.S.C. § 1639g   Cited 33 times   5 Legal Analyses

    A creditor or servicer of a home loan shall send an accurate payoff balance within a reasonable time, but in no case more than 7 business days, after the receipt of a written request for such balance from or on behalf of the borrower. 15 U.S.C. § 1639g Pub. L. 90-321, title I, §129G, as added Pub. L. 111-203, title XIV, §1464(b), July 21, 2010, 124 Stat. 2184. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATESection effective on the date on which final regulations implementing such section

  19. Section 1026.36 - Prohibited acts or practices and certain requirements for credit secured by a dwelling

    12 C.F.R. § 1026.36   Cited 108 times   13 Legal Analyses
    Addressing mortgage servicer disclosure requirements in connection with processing of partial payments