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Hearsay › Mortgage Lenders

Hinshaw & Culbertson LLP

Business Records Exception Used to Attack Foreclosure Action in Maine Supreme Court

Hinshaw & Culbertson LLP on

The Maine Supreme Court, using a recent interpretation of the business records exception to the hearsay rule under Maine law, has raised questions regarding mortgage loan servicers' ability to foreclose on defaulted...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending May 13 & May 20, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Contracts/Personal Liability: official title of “President” underneath signor’s signature on contract did not shield individual from personal liability because contract language reflected...more

Burr & Forman

Florida’s Fifth DCA Echoes Prior Ruling – Must Introduce Additional Evidence that Required Notice Was Actually Sent

Burr & Forman on

In Helton v. Bank of America, 5D14-2632 (Fla. 5th DCA Jan. 22, 2016), Florida’s Fifth Circuit Court of Appeal echoed its opinion in Webster v. Chase Home Finance, LLC, 155 So. 3d 1219, 1220 (Fla. 5th DCA 2015) that oral...more

Burr & Forman

Burr Commentary: Third District Court of Appeal Adds to List of Solutions to Prior Servicer Business Records Issue

Burr & Forman on

In Bank of America, N.A., v. Delgado, et al., 3D13-910 (Fla. 3d DCA May 6, 2015) the Third District Court of Appeal offered some relief to banks and loan servicers still reeling from the effects of Hunter v. Aurora Loan...more

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