1 On September 3, 2015, Nationstar notified the Vitales that they were eligible for a loan modification. Nationstar asserted that the Vitales owed at least $21,229.23, consisting of nineteen missed monthly installments of $1,146.57. On September 4, 2014, Nationstar moved for "relief from the automatic stay for lack of adequate protection" under 11 U.S.C. On April 17, 2013, BANA transferred its claim to Nationstar effective April 1, 2013. Under the order, BANA's claim would be paid outside of the Chapter 13 plan directly to BANA. On February 11, 2013, the Bankruptcy Court confirmed the Chapter 13 plan. On January 9, 2013, BANA filed a proof of claim asserting that the amount due under the loan, as of November 21, 2012, was $176,583.13. ("BANA")-Nationstar's predecessor-in-interest-as a secured creditor holding a secured claim to the Property. In their petition, the Vitales listed Bank of America, N.A.
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On November 21, 2012, the Vitales filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of North Carolina (the "Bankruptcy Court"). The Vitales secured the Note with a Deed of Trust, which granted National Bank a lien on the Property. To purchase the Property, the Vitales executed a 30-year note (the "Note") with National Bank in the original principal amount of $182,700.00 with a 6% rate of interest. The Vitales reside at 9481 Seany Drive NE in Leland, North Carolina (the "Property"), which they acquired on Apwith a loan from National Bank of Kansas City ("National Bank"). As explained below, the court grants in part and denies in part defendants' motion to dismiss and dismisses Fannie Mae as a defendant. On March 26, 2019, plaintiffs responded in opposition. On February 5, 2019, defendants moved to dismiss plaintiffs' complaint and filed a memorandum in support. On January 14, 2019, defendants removed the action to this court. Plaintiffs seek damages, a restraining order, and preliminary and permanent injunctions. § 45-90 et seq., the Real Estate Settlement Procedures Act ("RESPA"), 12 C.F.R. § 75-1.1 et seq., the North Carolina Mortgage Debt Collection and Servicing Act ("MDCSA"), N.C. § 75-50 et seq., the North Carolina Unfair and Deceptive Trade Practices Act ("UDTPA"), N.C. Plaintiffs allege breach of contract, violations of the North Carolina Debt Collection Act ("NCDCA"), N.C. Cooper ("Nationstar"), and Federal National Mortgage Association, a/k/a Fannie Mae ("Fannie Mae" collectively "defendants"). Vitale and Joan Vitale (collectively, the "Vitales" or "plaintiffs") filed a complaint in Brunswick County Superior Court against Nationstar Mortgage LLC, d/b/a Mr.