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Guidance for Judges When Considering Admissibility of Hearsay Business Records

Another great blog post by Neil Garfield on the admissibility of hearsay business records.

Livinglies's Weblog

We have all seen it. Practically every foreclosure trial is the same. The lawyers claim they represent the servicer but do not claim to be representing the Plaintiff “Trust.” Their sole witness is a robo-witness whose sole job is to testify in court and who in most cases never had any other relationship with the servicer or any bank or trust involved in the subject foreclosure.

The lawyer seeks to get into evidence the “business records” of the “servicer.” In most cases the “servicer” is not the servicer. It has processed no payments and has done none of the duties of a servicer as it is understood in the industry and as specified in the Pooling and Servicing Agreement. That servicer is in actuality an enforcer masquerading as a servicer.

So the lawyer shows the witness the “business record” and asks him what it is and the witness replies that…

View original post 1,559 more words

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