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Redmond v. Green Tree Servicing, LLC

United States District Court, E.D. North Carolina

April 22, 2013

TIMOTHY and COLLEEN REDMOND, Plaintiffs,
v.
GREEN TREE SERVICING, LLC, Defendant

Decided: April 20, 2013.

For Timothy Redmond, Colleen Redmond, Plaintiffs: Holly Elizabeth Dowd, Law Office of Holly Dowd, Charlotte, NC.

For Green Tree Servicing, LLC, Defendant: Heather Conover White, LEAD ATTORNEY, Smith Moore Leatherwood, LLP, Greensboro, NC.

OPINION

Page 695

ORDER

TERRENCE W. BOYLE, UNITED STATES DISTRICT JUDGE.

This matter is before the Court on the defendant's partial motion to dismiss [DE 10]. For the reasons stated herein, the defendant's motion is DENIED.

BACKGROUND

On or before November 2011, Lawrence F. Dudley entered into a mortgage loan agreement (" Dudley Debt" ) with defendant Green Tree Servicing, LLC (" Green Tree" ). At some point thereafter, Mr. Dudley passed away leaving the Dudley Debt to his wife Carolina Dudley. On or before January 2012, the Dudley Debt went into default and remains in default presently. Prior to January 2012, Plaintiffs Timothy and Colleen Redmond entered into a residential lease agreement with Mrs. Dudley and concerning the mortgaged property. The plaintiffs never entered into any agreement with defendant Green Tree and did not agree to assume any portion of the Dudley Debt. Nevertheless, at various times throughout 2012 defendant Green Tree contacted the plaintiffs in various attempts to collect the Dudley Debt. Defendant's efforts were

Page 696

successful to the extent that on February 20, 2012 plaintiffs' sister contacted the defendant and made a payment of $704.73 towards the Dudley Debt. The plaintiffs have alleged that Green Tree's harassment included the following incidents:

o January 23, 2012 - A Green Tree representative contacted the plaintiffs, told them to " get out now," and referred to Mr. and Mrs. Redmond as " squatters."
o January 23, 2012 - A Green Tree representative contacted the plaintiffs for a second time in one day ...

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