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IN RE McCLENDON

Bankruptcy No. 10-04226-8-RDD. Adversary No. 10-00305-8-RDD.

488 B.R. 876 (2013)

In re Derrick McCLENDON, Janice McClendon, Debtors. Derrick McClendon, Janice McClendon, Plaintiffs v. Walter Home Mortgage; Joyce Ann Keller, Substitute Trustee; Green Tree Servicing, LLC; Walter Investment Management Corporation; Walter Mortgage Company as Trustee for the Mid-State Capital Trust 2010-1; and Mid-State Capital Trust 2010-1, Defendants.

United States Bankruptcy Court, E.D. North Carolina, Wilson Division.

March 1, 2013.

Attorney(s) appearing for the Case

Lisa Marie Walter , Sharon Bey-Christopher , Legal Aid of North Carolina, Inc., Wilson, NC, for Plaintiff.

Charles E. Lyons , Robert C. Dortch, Jr. , Sellers, Hinshaw, Ayers, Dortch & Lyons, Charlotte, NC, for Defendants.

ORDER AND OPINION

RANDY D. DOUB, Bankruptcy Judge.

Pending before the Court is the adversary proceeding commenced by Derrick and Janice McClendon ("Plaintiffs") on November 29, 2010. Walter Home Mortgage, et al. ("Defendants") filed the Defendants' Motion for Summary Judgment on February 29, 2012. The Court conducted a hearing on the Motion on May 24, 2012. Per the Court's request, the parties submitted memoranda of law concerning the Motion. A second...

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