Evidence 101: If Ireland can do it why can't we?

• The simple way to remember all this is that a business record must be a record of business actually conducted by the record keeper. Anything else is hearsay and must be secluded from evidence. 
• But there is another rule that has been used to defeat this premise and the strategy has been successfully employed. By getting the homeowner and the attorney for the homeowner to agree that the company is a servicer, then the tacit admission is that it is performing serving functions.

First things first: No case can be proven without evidence that is accepted by the court as proving the truth of the matter asserted. The essence (the truth of the matter asserted) of all foreclosure claims is this:

1. The claimant is the owner of an obligation owed by the homeowner to the claimant.
2. The homeowner executed documents that memorialized a loan transaction that the homeowner accepted.
3. One of those documents was a note that set forth the schedule of payments plus interest.
4. Another document was the mortgage in which the homeowner agreed that the property was collateral that could be sold in the event of a default.
5. A default has occurred: the homeowner did not make a scheduled payment and the claimant did not receive it.
6. The default caused an economic loss to the claimant.
7. Pursuant to the terms of the documents the claimant demands that the property be sold or that the homeowner redeem the property in accordance with the terms of the note and mortgage.

Of the preceding paragraphs, in nearly all instances, paragraphs 1, 5, and 6 are false in foreclosure litigation.