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.
Foreclosure defense attorney