Green Tree-Al, L.L.C. v. Reynolds

Green Tree-AL, L.L.C., appeals from the trial court's order denying its motion to compel arbitration. We affirm in part, reverse in part, and remand.

I. Factual Background and Procedural History

On October 26, 2001, Brian Reynolds refinanced an existing loan with Conseco Finance Corp.-Alabama, now known as Green Tree-AL, L.L.C. ("Green Tree").1 The loan was secured by a mortgage on real property; events associated with fore-closure on the property precipitated the underlying litigation. One of the documents Brian Reynolds executed in connection with the loan was a promissory note to Green Tree.…