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SHEPARD v. OCWEN FEDERAL BANK, FSB

No. COA04-1634.

617 S.E.2d 61 (2005)

Wayne SHEPARD and Rosemary Sanders Shepard, Plaintiffs, v. OCWEN FEDERAL BANK, FSB and Wells Fargo Bank Minnesota, and Donald T. Ritter, in his capacity as Trustee, Defendants.

Court of Appeals of North Carolina.

August 16, 2005.

Attorney(s) appearing for the Case

Financial Protection Law Center, by Mallam J. Maynard, Maria D. McIntyre, and Chandra T. Taylor, Wilmington, for plaintiffs-appellants.

Kellam & Pettit, P.A., by William Walt Pettit, Charlotte, for defendants-appellees.

Hartzell & Whiteman, LLP, by J. Jerome Hartzell, Raleigh, for Amicus Curiae The North Carolina Academy of Trial Lawyers.

Seth P. Rosebrock, Durham, for Amicus Curiae Center for Responsible Lending.

Carlene McNulty, Raleigh, for Amicus Curiae North Carolina Justice Center.

Hazel Mack-Hilliard, Winston-Salem, for Amicus Curiae Legal Aid of North Carolina, Inc.

Andrea Young Bebber, Charlotte, for Amicus Curiae Legal Services of Southern Piedmont, Inc.

William J. Whallen, Asheville, for Amicus Curiae Pisgah Legal Services.

TYSON, Judge.

Wayne Shepard and wife, Rosemary Sanders Shepard ("plaintiffs") appeal from the trial court's grant of Rule 12(b)(6) motions to dismiss filed by Wells Fargo Bank Minnesota, N.A. ("Wells Fargo") and Ocwen Federal Bank, FSB ("Ocwen") (collectively, "defendants"). We affirm.

I. Background

Plaintiffs obtained a second mortgage loan secured by their residential real property from Chase Mortgage...

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