Foreclosure ruling irks banks
WEST PALM BEACH — An appeals court ruling in favor of Wellington homeowners in foreclosure is causing “calamitous confusion,” according to bank attorneys who say it could snarl hundreds of thousands of pending foreclosure cases.
The bank is asking for a rehearing and clarification of the Sept. 7 decision by the 4th District Court of Appeal, which said a foreclosure affidavit submitted by a bank employee was hearsay because the person relied on computerized information and did not have personal knowledge of the case.
The lack of personal knowledge of foreclosure documents is the foundation of the robo-signing controversy that continues to delay foreclosure proceedings.
The bank is not challenging the court’s decision in Gary and Anita Glarum vs. LaSalle Bank, but it said the ruling has been misinterpreted to mean that the person relying on computerized records must be the one who actually entered them into the computer or the direct custodian of the records.
Considering how often home loans changed hands during the real estate boom and subsequent collapse, finding people who personally input mortgage data could be impossible.
The request for rehearing says the court may have “inadvertently undermined” Florida’s rules for the admission of business records which, in part, allow a “qualified witness” to attest to the accuracy of computerized records.
Rest from the Palm Beach Post here…
Glarum – Motion for Rehearing and Glarum – Motion to Take Judicial Notice below…