Legal Opinion

McCoy v. BNC Mortgage, Inc. (In Re McCoy)

United States Bankruptcy Court, D. Oregon

Decided February 7, 2011No. 19-60610PublishedCited by 7 opinions

1Opinion of the Court

Memorandum Opinion

FRANK R. ALLEY, III, Bankruptcy Judge.

Plaintiff filed a complaint with claims for wrongful foreclosure and to quiet title in real property. Defendants Mortgage Electronic Registrations Systems, Inc. (MERS) and U.S. Bank N.A. filed a motion to dismiss the complaint under Fed. R.Civ.P. 12(b)(6) 1 . For the reasons that follow, Defendants’ motion will be granted in part and denied in part.

BACKGROUND

Plaintiff received a loan in 2005 from Defendant BNC Mortgage in the amount of $820,000, secured by a deed of trust against real property in Central Point, Oregon, in Jackson County,…

2Cases cited12 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Hal Roach Studios, Inc., a Delaware Corporation v. Richard Feiner and Company, Inc., a New York CorporationCourt of Appeals for the Ninth Circuit · 1990
  4. Jerry L. Branch, Valenna Branch, Colby Branch v. Dale L. Tunnell, Individually and as Special Agent of Bureau of Land Management, State of MontanaCourt of Appeals for the Ninth Circuit · 1994
  5. Astoria Federal Savings & Loan Ass'n v. SoliminoSupreme Court of the United States · 1991

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3Cited by7 opinions

  1. In Re SalazarUnited States Bankruptcy Court, S.D. California · 2011
  2. James v. ReconTrust Co.District Court, D. Oregon · 2012
  3. Rapacki v. Chase Home Finance LLCDistrict Court, D. Oregon · 2011
  4. Higley v. Flagstar Bank, FSBDistrict Court, D. Oregon · 2012
  5. Olmstead v. ReconTrust Co., N.A.District Court, D. Oregon · 2012

2 more not listed; retrieve them via the Exa API.

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