Common Foreclosure Mill Process Of Using Screenshots Of Docs And Clueless Mortgage loan Servicing Employees Photo Down By Florida’s 4th DCA
It’s been recently a Florida property foreclosure mill practice in the last two years to bring employees from a mortgage servicing company to testify for a foreclosure trial. This kind of foreclosure mill train is designed to verify a validity of records the foreclosure work wants to use mainly because evidence in the property foreclosure trial against the home-owner.
On the surface this actually sounds like a pretty logical along with prudent thing to do. After all, these employees are expected to testify that they have top notch knowledge of note endorsements, mortgage assignments, payment histories, etc.
However, view of what these staff members testify to is quite a bit different.
In many cases, any servicing of the homeowner’ohydrates mortgage has went multiple times and the present mortgage servicer mixed up in the foreclosure was not mixed up in assignment of the bank loan, the transfer of the actual note, or every irregularities in the check histories created by the first sort servicers. So any employees of the current servicer really don’t and would not have hands on knowledge of any of that.
In order to skirt surrounding this issue, the typical property foreclosures mill practice is to have the employee get screenshots of the documents stripped away from his or her computer screen instead of the real documents.
Regardless when there is a question about authenticity or if the screenshots will be considered hearsay, Signal Court judges possess let the screenshots be used as a way expedite a bursting docket of foreclosure cases.?
The foreclosure mill apply of using screen shots of documents ended up being dealt a serious hit by Florida’s Last District Court of Appeals when it solved a circuit trial ruling last week as well as ruled in favor of the particular homeowner in Sanchez v. Suntrust.
The most judges from the 4th DCA quite simply said copies and screenshots are not evidence sufficient to prove the actual foreclosing party had possession of the please note at the time the home foreclosure was initiated.
Sanchez sixth is v Suntrust