New foreclosure filings in Florida are at a historical low. However, the prosecution of foreclosures in the state is an ever-increasing area of complexity for servicers. Each week a case is published that slightly adjusts the requirements for servicers or, depending on your perspective, provides clarification on the existing law.
The Fourth District Court of Appeals in Holt v. Calchas, 40 Fla. L. Weekly D296a (2015) will certainly have a ripple effect in the foreclosure arena. This case is the latest iteration on the requirements that servicers need to satisfy in order to properly introduce a loan payment history into evidence. Holt reversed the lower court because the trial judge had erred in admitting the payment history over the borrower’s objection. Although Holt reversed on other grounds as well, it focused on the business record exception to the hearsay rule.
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