U.S. Bank National Association as Trustee for RAMP 2006EFC2 v. Bell
After a nonjury foreclosure trial, the trial court found the Trustee lacked standing at inception, having excluded the Pooling and Servicing Agreement on a hearsay objection because it was not shown to qualify under the business records exception. The Fifth District reversed, holding that a PSA, like other contracts, is non-hearsay admissible for its independent legal significance, and that the borrowers waived any authentication objection by not raising it.
Key facts
- U.S. Bank National Association as Trustee for RAMP 2006EFC2 sought to foreclose a mortgage in a nonjury trial against Bell.
- The trial court excluded the Pooling and Servicing Agreement on a hearsay objection because it was not shown to qualify under the business records exception, and found the Trustee lacked standing at inception.
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Why it matters
The opinion extends the Fifth District's Alaqua Property line (promissory notes as verbal acts) to Pooling and Servicing Agreements, giving foreclosure plaintiffs and other contract litigants a clear basis to admit… — full analysis with a trial
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