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GREEN TREE SERVICING, LLC v. U.S.

Civil No. 09-cv-191-JL.

783 F.Supp.2d 243 (2011)

2011 DNH 056

GREEN TREE SERVICING, LLC v. UNITED STATES of America et al.

United States District Court, D. New Hampshire.

Order Denying Motion for Reconsideration August 4, 2011.

Attorney(s) appearing for the Case

Jeffrey J. Hardiman, Bendett & McHugh PC, Farmington, CT, for Green Tree Servicing, LLC.

Austin L. Furman, U.S. Dept. of Justice, Washington, DC, for United States of America.

Albert E. Souther, Law Office of Albert E. Souther, Dover, NH, for Dana E. Ricker, Kristi L. Ricker.

OPINION AND ORDER

JOSEPH N. LaPLANTE, District Judge.

This case raises several questions about the availability of equitable relief to restore a mistakenly discharged mortgage to a position of priority over subsequent federal tax liens. The plaintiff, Green Tree Servicing, LLC, claims that its predecessor erroneously recorded a discharge of its mortgage on a parcel owned by defendants Dana E. and Kristi L. Ricker, and seeks to restore that mortgage...

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