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· 2/14/2014

Wilson v. HSBC Mortgage Services, Inc.

Citations

  • 744 F.3d 1
  • 2014 WL 563457
  • 2014 U.S. App. LEXIS 2798

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that standard of proof 11 applicable to revocation proceedings is lower than that required 12 to establish guilt at trial
  • holding that an assignment executed by a person purporting to act pursuant to her authority as a vice president of an entity was binding on that entity
  • holding that plaintiffs lacked standing to challenge a mortgage assignment executed by a person with purported authority because the assignment was binding on the assignor and therefore at most voidable
  • holding that the court may consider on a motion to dismiss “information found in the mortgage itself, public records, documents incorporated into the complaint by reference, and other matters susceptible to judicial notice”
  • noting that a court addressing a Rule 12(b)(6) motion must “view the [c]omplaint in the light most favorable” to the non-moving party
  • finding that vice president of MERS could assign a mortgage because she purported to execute the assignment pursuant to her authority as vice president

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Thompson, Kayatta

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.