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BENEFICIAL FINANCIAL I, INC. v. WINDHAM

Opinion No. 5753.

431 S.C. 256 (2020)

847 S.E.2d 793

BENEFICIAL FINANCIAL I, INC., successor by merger to Beneficial Mortgage Co. of South Carolina, Appellant, v. Jon WINDHAM, a/k/a Jon D. Windham; Frances Windham, a/k/a Frances C. Windham; and Jerry Coker, a/k/a Jerry L. Coker; Carolina Bank a/k/a Carolina Bank & Trust Co., The United States of America, by and through its agency, the Internal Revenue Service; and The Citizens Bank, Defendants, Of whom Jon Windham a/k/a Jon D. Windham is the Respondent.

Court of Appeals of South Carolina.

Filed August 5, 2020.

Attorney(s) appearing for the Case

Rebecca Kinlein Lindahl and Richard L. Farley , both of Katten Muchin Rosenman, LLP, of Charlotte, North Carolina, for Appellant.

Penny Hays Cauley, Esquire of Hays Cauley, PC of Florence, for Respondent.

In this foreclosure action, Beneficial Financial I, Inc. (Beneficial), lender, challenges the grant of summary judgment to Jon Windham, borrower, on his counterclaims for violation of the South Carolina Unfair Trade Practices Act (SCUTPA), fraud, negligent misrepresentation, intentional infliction of emotional distress, and negligent...

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