H/T to 4closurefraud.org. Cross-posted from The Law Offices of Evan M. Rosen:
Just recently finished up a trial in Broward County, Florida. The Plaintiff’s witness was very qualified, at something, as an employee for 8 years with Seterus, only I’m not sure at what….
After a lengthy cross on her general background and “qualifications” in which relevance objections started to be sustained, Plaintiff goes to move the note into evidence. I offer to stipulate to the note coming in if Plaintiff agrees to stipulate that the original was first filed in this case on 2/26/14. Suit was filed on 12/27/11. Opposing counsel agrees. The Plaintiff then asked background questions on the note. I object relevance, cumulative, we can let the evidence speak for itself. Sustained.
Next, copy of mortgage, I stipulate to its admission into evidence.
Then, letter from Seterus showing servicing transfer to them on 9/1/11. I offer to stipulate that the letter comes in as evidence ONLY that there was a serving transfer on that date (alleged breach was 5/1/11 and again, suit was filed on 12/27/11) and that nothing in this stipulation should be construed by the court as establishing whether or not the witness is a record custodian or other qualified witness. Opposing Counsel agrees, I repeat our stipulation to the court and we proceed. Seterus “hello letter” in.
After that, opposing counsel starts to ask about how the loan was transferred and boarded. I object on relevance making the argument that this has nothing to do with the business records exception to hearsay – all that matters is how records are made and kept. SUSTAINED!
Next up, a Power of Attorney (POA) purporting to grant Seterus authority to do any foreclosure related activity for FNMA. I ask to voir dire and I start with my usual 10 background questions and then ask 11 very specific and detailed questions which then lead to my objecting based on hearsay and authentication. I then go through my lengthy six step argument handing the judge numerous cases and citing Ehrhardt along the way. Objection SUSTAINED – POA OUT!