• Ryan Torrens

Verdict for Tampa Homeowner!

Updated: Dec 10, 2019

On June 25, 2019, we tried a foreclosure case in circuit court on behalf of a Hillsborough County homeowner. The bench trial resulted in the Court granting our motion for an involuntary dismissal of the foreclosure action.

The trial had an interesting turn of events. This is one of those mortgage loans that has been sold a bunch of times. In order to prove its case, the current mortgage servicer has to be able to get the records of the prior mortgage companies admitted into evidence. The current servicer must do this by establishing the business records exception to the hearsay rule and by demonstrating that the prior servicer records were properly verified for truthfulness and accuracy.

When the attorney for the bank introduced the payment history into evidence, I asked the judge for permission to ask a few questions of the witness. Astonishingly, the witness didn't even know which mortgage companies had serviced the loan previously. I had deposition testimony on this topic and was able to impeach the witness with the deposition testimony. The judge ruled that given these inconsistencies, the bank had not met its burden to admit the payment history into evidence. The judge sustained my hearsay objection and kept the payment history out of evidence.

My motion for an involuntary dismissal, made at the close of Plaintiff's case, was then granted. The judge correctly held that without the payment history being admitted into evidence, the bank could not prove the amounts due and owing. Thus, dismissal was required.

Another big win for the little guy and a great day for our client.

Thanks for reading and hope you have a great day.


Ryan Torrens

Foreclosure defense attorney

114 views0 comments

Recent Posts

See All

VA Home Loans Carry Special Rights With Them

VA Home Loans are guaranteed and insured by the federal Department of Veterans Affairs. This means that these loans are governed by Title 38, Section 36.4350, Code of Federal Regulations. This federal

Evictions: Don't Forget To Put The Rent In The Registry

Many Florida tenants are caught off guard when they show up to court for their eviction hearing only to find out that their defenses have been waived. This often happens because in most circumstances,