The bottom line is that the loan account was extinguished contemporaneously with the origination or acquisition of the account. There is no loan account claimed as an asset of any company. The records of the self-proclaimed servicer are not records of the loan account or the establishment of the loan account on the books of …
How to Fight Those "Declarations" from False Claimants in Foreclosures Read More »
Excellent article written by attorneys at Blank Rome on the issue of Business Record exceptions to the hearsay rule. The hearsay rule is simple. It excludes from evidence any statement that is uttered out of court — whether that statement is in writing or was made orally. see https://www.jdsupra.com/legalnews/florida-supreme-court-resolves-conflict-20649/ So here is what it looks like …
The arrogance of the banks is subsumed in the decisions of courts. That the writer of an instrument would attempt to literally write language into an instrument that contradicts the laws of evidence is arrogant; but the fact that judges are accepting it because it appears in black and white, is abdication of the judicial …
For additional information or assistance please call 954-495-9867 or 520-405-1688. ———————————— It is a complicated answer. The following is NOT a comprehensive answer which would the length of a treatise. see also Fla 4th DCA Beauchamp v Bank of New York Mellon, J Shahood reversed — Beauchamp v BONY-Mellon The Beauchamp case brings to the …
What is Evidence or Proof of the Existence of the REAL Loan? Read More »
The Best Evidence Rule in Florida and Federal Courts Applied to Notes, Mortgages and Assignments The problem with foreclosure litigation is that the homeowner is dealing with rebuttable presumptions about the testimony and the documents admitted into evidence. They are admitted into evidence because there is no timely objection from the homeowner or the foreclosure …
Using the Best Evidence Rule As You Follow the Money Read More »
