http://mattweidnerlaw.com/blog/2010/06/an-excellent-opinion-on-requirements-to-verify-amounts-due-and-owing/

 

An Excellent Opinion on Requirements to Verify Amounts Due and
Owing

June 11th, 2010 · MattWeidnerLaw dot com

Courts now across the country are starting to recognize that the
affidavits and other documents submitted to them do not meet even the most
basic evidentiary requirements.  I am of the opinion that affidavits which
are hearsay on their face and which do not contain any copies of the “books and
records” to which they refer, should be rejected by the court and summary
judgment should not be granted in such cases even if the case is unrepresented.

Please read
transcript from Pinellas County Judge Anthony Rondolino here where the judge cites the body of case
law dealing with hearsay affidavits.  Next, read an excellent opinion here from
the Honorable Samuel Bufford where he explains the requirements that must be
met to overcome an objection that affidavits of amounts due and owing are
hearsay.  Pay particular attention to ELEVEN step process that a proponent
of a computer record must take in order to have computer records admitted into
evidence over a proper hearsay objection.

NOW ASK YOURSELF, IF PLAINTIFFS WERE REQUIRED TO FIGHT HEARSAY
OBJECTIONS, JUST HOW MANY FORECLOSURE

CASES WOULD THEY SUCCESSFULLY COMPLETE

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