In Green Tree Servicing, L.L.C. v. Fisher, 2007 OK CIV APP 50, 162 P.3d 944, a case brought under the New Act, the promissory note and security agreement Fisher executed to Green Tree contained an arbitration clause providing all disputes arising from or related to the parties' agreement were subject to binding arbitration. On appeal, the mandatory arbitration provision at issue in Green Tree made an exception for actions in foreclosure. Nine months after Fisher defaulted on the promissory note and sought protection in bankruptcy, Green Tree filed a petition to foreclose its security interest and for replevin. In its answer and counterclaim, Fisher sought damages for Green Tree's alleged violations of the bankruptcy injunction. In its reply, filed approximately nine weeks after its own petition was filed, Green Tree asserted arbitration as an affirmative defense for the first time. The parties' arbitration provision provided, in pertinent part: "Notwithstanding anything hereunto the contrary, you retain an option to use judicial or non-judicial relief to enforce a security agreement relating to the collateral secured in a transaction underlying this arbitration agreement, to enforce the monetary obligation or to foreclose on the collateral. Such judicial relief would take the form of a lawsuit. The institution and maintenance of an action for judicial relief in a court to foreclose upon any collateral, to obtain a monetary judgment or to enforce the security agreement, shall not constitute a waiver of the right of any party to compel arbitration regarding any other dispute or remedy subject to arbitration in this Agreement, including the filing of a counterclaim in a suit brought by you pursuant to this provision." The trial court reasoned "Green Tree's filing of a foreclosure and replevin action was specifically permitted by the arbitration clause, and did not constitute a waiver of its right to arbitration. Furthermore, the record does not support a conclusion that Green Tree waived arbitration by failing to timely invoke the clause as an affirmative defense." Id. Accordingly, the trial court found "no reason for the application of waiver, abandonment, or estoppel" in the case. Id. Because Green Tree filed its action after its contractual relationship with Fisher was terminated by discharge in bankruptcy, however, the Court reasoned "the acts giving rise to the cause of action did not have their roots in the former contract, but in alleged behavior that occurred subsequent to the contract's termination, and which did not arise as a natural consequence of the contract." Id., 162 P.3d at 948. For this reason, the Court held the arbitration clause inapplicable to Fisher's counterclaim and affirmed the trial court's denial of Green Tree's motion to compel.