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IN RE OSBORNE

No. 03-30687.

379 F.3d 277 (2004)

In The Matter Of: Mary T. OSBORNE, Debtor. Mary T. Osborne, Appellant, v. Homeside Lending, Inc., Appellee.

United States Court of Appeals, Fifth Circuit.

July 26, 2004.

Attorney(s) appearing for the Case

Aaron Frank McGee, IV (argued), Baton Rouge, LA, for Mary T. Osborne.

Stacy C. Wheat (argued), Shapiro & Mentz, Metairie, LA, for Homeside Lending Inc.

Before JOLLY, DUHE and STEWART, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This case presents a dispute between Mary T. Osborne, a homeowner, and Homeside Lending ("Homeside"), a mortgage lender, about payments that Osborne was to make directly to Homeside in accordance with her Chapter 13 bankruptcy plan. After an alleged default, Homeside secured a judgment that permitted Homeside to foreclose on Osborne's home. We vacate that judgment, and remand for further proceedings.

I

Mary Osborne...

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