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Business Records Mortgage Servicers

Burr & Forman

Business Records Hearsay Exception Applicable Only When Proper Foundation is Laid

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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...more

Balch & Bingham LLP

Florida Case Underscores Importance Of The Prior WAMCO Decision On Admissibility Of A Predecessor Servicer’s Records

Balch & Bingham LLP on

A recent decision from the Second DCA reinforces that a subsequent mortgagee or servicer must be prepared to lay a proper foundation in order to introduce a predecessor mortgagee or servicer’s payment history by testifying as...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

Baker Donelson

Sanity in Florida? New Ruling Sheds Some Light on the Business Records Exception

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On May 6, 2015, Florida's Third District Court of Appeal finally weighed in on an important tactic relied on by servicers in residential foreclosure actions. In Bank of America, N.A. v. Delgado, No. 3D13-910 (Fla. 3d DCA May...more

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