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GILBERT v. RESIDENTIAL FUNDING LLC

No. 10-2295.

678 F.3d 271 (2012)

Rex T. GILBERT, Jr.; Daniela L. Gilbert, Plaintiffs-Appellants, v. RESIDENTIAL FUNDING LLC; GMAC Mortgage LLC; Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Incorporated, Defendants-Appellees, and David A. Simpson, Substitute Trustee, Trustee.

United States Court of Appeals, Fourth Circuit.

Decided: May 3, 2012.

Attorney(s) appearing for the Case

ARGUED: Katherine Suzanne Parker-Lowe , Ocracoke, North Carolina, for Appellants. Marc James Ayers , Bradley Arant Boult Cummings, LLP, Birmingham, Alabama, for Appellees. ON BRIEF: Nicholas J. Voelker , Bradley Arant Boult Cummings, LLP, Charlotte, North Carolina, Jonathan M. Hooks , Bradley Arant Boult Cummings, LLP, Birmingham, Alabama, for Appellees.

Affirmed in part, reversed in part, and remanded by published opinion. Judge FLOYD wrote the opinion, in which Chief Judge TRAXLER and Judge CHILDS joined.

OPINION

FLOYD, Circuit Judge:

Rex and Daniela Gilbert appeal the district court's dismissal of their claim that Deutsche Bank Trust Company Americas (Deutsche), as trustee for Residential Accredit Loans, Inc. (RAL); David A. Simpson (Simpson), substitute trustee; Residential Funding LLC (RFL); and GMAC Mortgage LLC (GMAC) violated various consumer protection laws in connection with a mortgage the Gilberts secured on their home, located at 134 West End Road...

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