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DEUTSCHE BANK v. ESTATE OF HOUCK

Opinion No. 28169.

440 S.C. 409 (2023)

892 S.E.2d 280

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-1 NOVASTAR EQUITY LOAN ASSET BACKED CERTIFICATES, SERIES 2007-1, Respondent, v. The ESTATE OF Patricia Ann Owens HOUCK, Tammy M. Bailey, South Carolina Department of Motor Vehicles, Defendants, of which the Estate of Patricia Ann Owens Houck and Tammy M. Bailey are the Petitioners.

Supreme Court of South Carolina.

Filed August 9, 2023.

Attorney(s) appearing for the Case

Andrew Sims Radeker , of Harrison, Radeker & Smith, P.A., of Columbia, for Petitioners.

Jonathan Edward Schulz and George Benjamin Milam , both of Bradley Arant Boult Cummings LLP, of North Carolina, for Respondent.

In this appeal, we must decide whether a bank's foreclosure claim is barred because the bank did not assert the claim as a counterclaim in prior litigation between the parties. In 1998, Petitioner Patricia Ann Owens Houck, now deceased, purchased a mobile home and placed it on her land in Lexington County. At closing, Houck executed...

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