Scribd Logo
Upload

Welcome to Scribd!

  • 59 views

    Failure To State A Cause of Action Draft

    Uploaded by

    Joan Dehaviland
    The complaint was dismissed for failing to state a cause of action in a mortgage foreclosure case. Specifically, the complaint failed to allege that the mortgagor had actual title to the property, that the mortgagee possessed the right of entry or power of sale, or that the mortgagee had authority to place a lien on the property. The complaint merely stated legal conclusions without providing factual details to establish liability or injury.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd

    Failure To State A Cause of Action Draft

    Uploaded by

    Joan Dehaviland
    59 views1 page
    The complaint was dismissed for failing to state a cause of action in a mortgage foreclosure case. Specifically, the complaint failed to allege that the mortgagor had actual title to the property, that the mortgagee possessed the right of entry or power of sale, or that the mortgagee had authority to place a lien on the property. The complaint merely stated legal conclusions without providing factual details to establish liability or injury.

    Original Title

    failure to state a cause of action draft

    Copyright

    © © All Rights Reserved

    Available Formats

    ODT, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The complaint was dismissed for failing to state a cause of action in a mortgage foreclosure case. Specifically, the complaint failed to allege that the mortgagor had actual title to the property, that the mortgagee possessed the right of entry or power of sale, or that the mortgagee had authority to place a lien on the property. The complaint merely stated legal conclusions without providing factual details to establish liability or injury.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Download as odt, pdf, or txt
    59 views1 page

    Failure To State A Cause of Action Draft

    Uploaded by

    Joan Dehaviland
    The complaint was dismissed for failing to state a cause of action in a mortgage foreclosure case. Specifically, the complaint failed to allege that the mortgagor had actual title to the property, that the mortgagee possessed the right of entry or power of sale, or that the mortgagee had authority to place a lien on the property. The complaint merely stated legal conclusions without providing factual details to establish liability or injury.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Download as odt, pdf, or txt
    of 1

    FAILURE TO STATE A CAUSE OF ACTION

    Failed to allege mortgagor had actual title to the property.

    Failed to allege mortgage possessed right of entry

    Failed to allege mortgage possessed power of sale or authority to mortgage or lien said property.

    Plaintiff's complaint merely recites bare legal conclusions.

    The complaint must do much more than this. Specifically, a factual basis for the claim must
    be established by the complaint.

    Fails to include details about how the defendant is liable or to establish a nexus between the
    alleged debt and defendant., or how Plaintiff is injured by Defendant or how the “power to
    mortgage(lien)” the property was conveyed to Plaintiff's alleged mortgagor. Complaints
    must contain factual allegations such as these to be considered as having “stated a claim
    upon which relief can be granted.”

    clearly a failure of proof

    A critical element of mortgage lien foreclosure claim , is that the mortgagor ACTUALLY
    possessed clear title to the property with the power to mortgage or place a lien on the
    property—here, mortgagor Sharon Bayer never possessed good, clear and marketable title.
    This issue was clearly raised with the requisite particularity in defendant's answer.

    You might also like