Guidance for Judges When Considering Admissibility of Hearsay Business Records

The quasi-servicer witnesses are merely computer jockeys. They look at screen shots of the computer software platform of data they did not enter and do not know who did… Nor did they watch any of the entries. The best question to ask is “what servicing software platform are you using?” It will open up a world of information.

It’s not the computer jockeys you want to depose. It’s the IT guys. How the software operates, exactly what and how it is entered and stored, and how it is linked to the foreclosure attorney firms for their access (and encrypted messaging) will provide a myriad of crucial information.

Judges think there a boxes of original files and documents being stored. What a hoot! All these “collateral” files contain are copies printed from the computer that are accessed by hundreds of people who also have the keys to make minimal to mega changes (alterations) to “original” scanned documents.

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We have all seen it. Practically every foreclosure trial is the same. The lawyers claim they represent the servicer but do not claim to be representing the Plaintiff “Trust.” Their sole witness is a robo-witness whose sole job is to testify in court and who in most cases never had any other relationship with the servicer or any bank or trust involved in the subject foreclosure.

The lawyer seeks to get into evidence the “business records” of the “servicer.” In most cases the “servicer” is not the servicer. It has processed no payments and has done none of the duties of a servicer as it is understood in the industry and as specified in the Pooling and Servicing Agreement. That servicer is in actuality an enforcer masquerading as a servicer.

So the lawyer shows the witness the “business record” and asks him what it is and the witness replies that…

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