Question Admissibility of Creditor / Mortgage Servicer Records
While the popular press has made much of the way sliced, diced and flipped mortgages and other securitized debts have resulted in messy (or non-existent) paper trails that may provide opportunities for debtors, many courts and even debtor's attorneys aren't taking full advantage of those opportunities.
Predatory lending guru Max Gardner this week posted an extensive analysis of the required foundation for the admission of creditor evidence, particularly electronic evidence. A lot of "evidence" that lacks a proper foundation is still slipping in under the radar, and excluding that evidence could make a significant difference to our clients.
Read Max's article here: Lack of Foundation Fosters Fraud
