Just because the Lender’s Lawyer stapled the Business Record to the Affidavit does not mean the documents match.  Sometimes I do not think the Plaintiffs’ Attorneys read these things.  They just think the Business Record is allonge for the ride, but in a Foreclosure Summary Judgment, Business Records ARE the ride. The purpose of a Summary Judgment is to avoid a trial.  It moves things along without slowing up for witness testimonies.  Without witnesses, however, the Plaintiff has to rely on Business Records to prove his case—that he owns the loan, has authority to foreclose on the property, and what amount is owed, etc. According to the Rules of Evidence for Summary Judgment, affidavits do not cut it.  Affidavits are out-of-court documents used to prove a statement.  The Lender cannot simply say that the Borrower owes money and write that down on an affidavit as evidence.  How do you cross examine a piece of paper that the Lender swears is true? A Business Record is also an out-of-court document, but it is an exception to the Rules of Evidence for Summary Judgment.  A Business Record is not hearsay because it is created in the normal course of business and not […] Read More