In Ensler v. Aurora Loan Servs., LLC, the Fourth District Court of Appeal of Florida was faced with the issue of whether a prior mortgage loan servicer's documents could be introduced into evidence when the current servicer testified the prior servicer's records were "accurate" because "[t]hey're a reputable big company and we trust them and they trust us." At trial, Plaintiff sought to introduce the following documents into evidence (through the testimony of the current servicer): the breach letter, payment history, and power of attorney. All of these documents were authored ...
Posts tagged hearsay.
Tags: burr forman, Business Records, Consumer Finance Litigation, Consumer Finance Litigation & Arbitration, Consumer Finance Litigation blog, Ensler v. Aurora Loan Services, florida, foreclosure, Fourth District Court of Appeal of Florida, hearsay, Hearsay Exception, Holt v. Calchas, mortgage, mortgage loan servicer, residential mortgage foreclosure action