Beneficial Financial I v. Jon Windham

Syllabus

In this foreclosure action, Beneficial Financial I Inc., lender, challenges the grant of summary judgment to Jon Windham, borrower, on his counterclaims. Beneficial argues Windham was not entitled to the award even though Beneficial did not submit evidence in opposition at the hearing because Windham did not meet his burden of proof for any of the causes of action. We affirm in part, reverse in part, and remand.