H/T to 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!



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