Pennsylvania Supreme Court Issues Evidentiary Ruling Favorable to Mortgage Servicers

Categorized | STOP FORECLOSURE FRAUD

Pennsylvania Supreme Court Issues Evidentiary Ruling Favorable to Mortgage Servicers

Pennsylvania Supreme Court Issues Evidentiary Ruling Favorable to Mortgage Servicers

JD SUPRA-

Bayview Loan Servicing LLC v. Wicker, Case No. 3 WAP 2018, — A.3d —-, 2019 WL 1388516 (Pa. Mar. 28, 2019), clarifies that in Pennsylvania state court, a servicer pursuing foreclosure may succeed in getting loan records from prior servicers admitted into evidence without testimony from every prior servicer.

In a ruling favorable to mortgage servicers, the court refused to adopt a “bright line rule forbidding the authentication of documents recorded by a third party.” Instead, the court ruled that trial courts have broad discretion to allow admission of such third-party records under Pennsylvania Rule of Evidence 803(6).

Business records, including mortgage loan histories, are hearsay. But when a business can provide a witness to testify that someone with personal knowledge prepares its records, at or near the time of the event they record, and that it regularly keeps such records in the ordinary course of business, those records become admissible under Rule 803(6) unless they are untrustworthy.

[JD SUPRA]

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Comments

comments

This post was written by:

- who has written 9281 posts on FORECLOSURE FRAUD | by DinSFLA.

CONTROL FRAUD | ‘If you don’t look; you don’t find, Wherever you look; you will find’ -William Black

Contact the author

Leave a Reply

GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Advertise your business on StopForeclosureFraud.com

Archives