This case shows that hearsay evidence is admitted as long as it is a bank claiming an exemption. The witness, devoid of any actual knowledge, is allowed to testify about facts, events and circumstances about which he or she knows nothing. The Judge did enter judgment for the borrowers. But the 4th DCA reversed and ordered foreclosure. At some point the courts are going to roll back these pronouncements when and if the foreclosure crisis comes to an end. The precedent for other cases is against any written or unwritten prior doctrine. But in the meanwhile millions of people will still lose their homes to strangers without any financial interest in the loan.
This case might lead to the conclusion that borrowers should make payments through their own “servicers” who can then testify about the inconsistent, false assertions, and data maintenance standards of the other servicer.
The moral of this story…
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