In a ruling that will provide guidance on when lenders must raise a foreclosure counterclaim in a borrower lawsuit, the South Carolina Court of Appeals in Deutsche Bank National Trust Company v. Estate of Patricia Ann Owens Houck has held that foreclosure was not a compulsory counterclaim in a borrower’s suit alleging errors in origination.
Jonathan E. Schulz
Jonathan Schulz is a business litigator who represents clients ranging from individuals and family-run small businesses to public corporations. He advises clients on all aspects of the dispute resolution process and litigates claims relating to fraud, unfair and deceptive trade practices, breach of fiduciary duty, misappropriation of trade secrets, trademark infringement, and violation of non-competition covenants. Jonathan has represented clients in both state and federal courts, including the North Carolina Business Court, as well as in AAA arbitration.