U.S. Bank National Association v. Robin Blowers

Summary

The court held that a mortgagor may assert equitable special defenses and related counterclaims in a foreclosure action based on postorigination loan-modification misconduct when the alleged conduct materially increased the debt or substantially impeded the mortgagor's ability to cure the default. The court also held that allegations concerning a potentially binding modification were sufficient to survive a motion to strike. It reversed the Appellate Court and directed further proceedings after reversal of the strict-foreclosure judgment.