BuckleySandler LLP: Bank's Affidavit of Debt Ruled Inadmissible as Hearsay

Excerpted from Infobytes, a weekly electronic newsletter on developments in financial services law from BuckleySandler LLP. For the full issue of Infobytes, click here: http://www.buckleysandler.com/infobyte-detail/september-16-2011

On September 7, a Florida appeals court reversed summary judgment of foreclosure in favor of LaSalle Bank on the basis that the evidence in support of summary judgment was insufficient to establish the amount due by the appellants (the Glarums) under the note and mortgage. Glarum v. LaSalle Bank National Association, No. 4D10-1372 (Fla. Dist. Ct. App.). To establish the amount due by the Glarums, LaSalle Bank filed the affidavit of Ralph Orsini, a loan specialist for the loan servicer. In his deposition, Orsini explained that he obtained  information on the amount of the debt from the loan servicer's computer system, but stated that he did not know who entered the data into the system, could not verify that the figures were correct, was not familiar with the procedures used by the supplier of the data, and could not say whether such records were made in the regular course of business. The appeals court found that "Orsini's affidavit constituted inadmissible hearsay and, as such, could not support LaSalle's motion for summary judgment." For a copy of the opinion, please see http://www.4dca.org/opinions/Sept%202011/09-07-11/4D10-1372.op.pdf.

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