In court, good defense attorneys object to all the fabricated evidence the banks present to courts.  But judges always overrule those objections because, after all, “those are “the bank’s” business records Mr. Weidner” The whole reason for rules of evidence is to make sure evidence that parties submit is proper, not fabricated, not forged. And […]

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Fair Debt Collection Practices Presuit Verification Many consumers…and those in foreclosure, are familiar with seeing the phrase on debt validation letters: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE Bur hardly anyone realizes just how important this letter is…and what important rights and protections this […]

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The Lacombes, defendants below, appeal the final judgment of foreclosure against them and in favor of Deutsche Bank National Trust Co., as Trustee for Long Beach Mortgage Loan Trust 2006-2 (“Deutsche Bank”). Appellants assert that the evidence presented at the bench trial was insufficient to support the trial court’s judgment because Deutsche Bank’s documents and […]

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Bank’s Records Are Hearsay Mortgage foreclosure — Error to enter judgment of foreclosure where the only evidence offered to support the amount of indebtedness was inadmissible hearsay — Computer printout purportedly showing fees, expenses, and balance due on note and mortgage was not admissible under business records exception to hearsay rule where printout was not […]

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