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Green Tree Servicing, LLC v. Duncan
Navajo Nation Supreme Court
7 Am. Tribal Law 633, 2008 WL 5435566 (2008)
Duncan (plaintiff) entered a security agreement relating to her mobile home that was secured by a transaction subject to an arbitration agreement, which was assigned to Green Tree Servicing, LLC (Green Tree) (defendant). In the transaction having the arbitration agreement, Duncan agreed to waive her right to file any court actions, thus her right to a jury, and instead arbitrate any disputes with Green Tree before an arbitrator of Green Tree’s choice, with Duncan’s consent. However, Green Tree retained its right to seek judicial remedies to enforce the agreement and to foreclose on Duncan’s mobile home. Green Tree sued to foreclose on the mobile home, and Duncan raised various counterclaims. A Navajo district court dismissed Duncan’s counterclaims as barred by the arbitration clause. Duncan appealed.
Rule of Law
Holding and Reasoning (Yazzie, C.J.)
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