Green Tree seeks summary judgment over default on home contract

David Yates May 11, 2010, 6:00am

In February, the Southeast Texas Record reported on a suit filed by Green Tree Servicing, which claims a Jefferson County resident defaulted on a manufactured home retail installment contract.

Three months later, Green Tree is now pursuing summary judgment motion against Wilbert Young, who allegedly owes more than $50,000.

The company filed the motion April 23. A hearing has been slated for May 21 in Judge Donald Floyd's 172nd District Court.

Court records show Green Tree and Young entered into the contract on Feb. 22, 2005. It was secured by a security interest in a 1998 Fleetwood Manufactured Home.

"As of Jan. 21, 2010, after all just and lawful offsets there was due and owing, the amount of $51,654.36 in principal and interest, with interest continuing to accrue from that date until the date of Judgment at the rate of $9.08 per day," the complaint says.

In its motion, Green Tree says it is entitled to recover the manufactured home because Young defaulted on the contract.

"Defendant defaulted on the payments ... and refused to cure the default," the motion states. "Accordingly, Green Tree is entitled to the possession of the home ... and is entitled to a judgment requiring the (county) sheriff to seize the home."

In addition, the company is asking the court to award attorney's fees.

Green Tree is represented by attorneys Richard A. McKinney and Daniel Paz of the Higier, Allen and Lautin law firm in Addison.

Young is representing himself.

Case No. E185-830

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