· 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 CourtListenerSourced 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.