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IN RE SHARPE

Bankruptcy No. 03-04644-BGC-13. Adversary No. 04-00250.

391 B.R. 117 (2008)

In re Roderick SHARPE, Debtor. Roderick D. Sharpe and Linda Sharpe, Plaintiffs, v. Wells Fargo Home Mortgage; and GE Mortgage Services, LLC; fka GE Capital Mortgages Services, Inc., Defendants.

United States Bankruptcy Court, N.D. Alabama, Southern Division.

May 29, 2008.

Attorney(s) appearing for the Case

Lee Wendell Loder, Loder Law Firm, Paula C. Greenway, Greenway Law, LLC, Birmingham, AL, for Plaintiffs.

Diane C. Murray, Stephen B. Porterfield, Susannah R. Walker, Robert Moss, Sirote & Permutt, P.C., Birmingham, AL, for Defendants.

MEMORANDUM OPINION Of Findings of Fact and Conclusions of Law

BENJAMIN COHEN, Bankruptcy Judge.

The defendant foreclosed the plaintiffs' mortgage on August 30, 2004. The plaintiffs sued for breach of contract, wrongful foreclosure, conversion, trespass, violation of the automatic stay, estoppel, fraud, unjust enrichment, and breach of fiduciary duty. A trial was held on October 11, 2007.1

I. BACKGROUND

A. The...

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