TRIAL OBJECTIONS

The missing second witness —Attacking the Business Records of A Servicer: Start with the fact that the company is self-proclaimed servicer with no proof of authority and then pivot to the absence of records establishing the debt as an asset.

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 missing second witness —Attacking the Business Records of A Servicer: Start with the fact that the company is self-proclaimed servicer with no proof of authority and then pivot to the absence of records establishing the debt as an asset. Read More »

Breaking it Down: What to Say and Do in an Unlawful Detainer or Eviction

Homeowners seem to have more options than they think in an unlawful detainer action based upon my analysis. It is the first time in a nonjudicial foreclosure where the foreclosing party is actually making assertions and representations against which the homeowner may defend. The deciding factor is what to do at trial. And the answer, …

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Fla 4th DCA Reverses Based Upon Trial by Ambush

For further information please call 954-495-9867 or 520-405-1688 ================== see 4th DCA Reive v Deutsch Trial by Ambush J Oftedal reversed DOC032515-001 Those of us who have been fighting this ground war have seen it again and again. The “corporate representative” is allegedly employed by the servicer. Nobody shows up representing the Plaintiff, except a …

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Trial Objections in Foreclosures

  NOTE: This post is for attorneys only. Pro se litigants even if they are highly sophisticated are not likely to be able to apply the content of this article without knowledge and experience in trial law. Nothing in this article should be construed as an acceptable substitute for consultation with a licensed knowledgeable trial …

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GLARUM CASE: COURTS NOW WANT EVIDENCE — NOT REPRESENTATIONS OF COUNSEL

MOST POPULAR ARTICLES SEND ALL ROBOSIGNING (SURROGATE SIGNING) EXAMPLES AND PLEADINGS TO ROBOSEARCH.LIVINGLIES@GMAIL.COM GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “If you want to save your home, you’ve got to get a good lawyer who knows how to take a deposition—no exceptions.” COMPETENT EVIDENCE REQUIRED — FOR BOTH SIDES EDITOR’S NOTE: Be careful …

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