Hearsay: Those “Business Records” Are Not Really Admissible Into Evidence

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It is no surprise that the Banks are attempting to use business records instead of live testimony from witnesses with personal knowledge. That testimony might be laced with perjury exposure for both the witness and the attorney who is the proponent of the witness. So they are trying all sorts of arguments about “stringent audits” and “boarding process” from a corporate representative of a company that had nothing to do with the entries made into the records of any company. In fact, in most cases now, thanks to the shell game of switching servicers, trustees and other parties, the testimony from such a witness is hearsay on hearsay because they are talking about records produced at another company or organization.

An article published by P. Benjamin Zuckerman highlights the point:

The elements to prove that evidence is admissible under the business records exception are straightforward.  If the record (1) was made at or near the time of the event; (2) was made by or from information transmitted by a person with knowledge; (3) was kept in the ordinary course of a regularly conducted business activity; and (4) it was a regular practice of that business to make such a record, then it is a business record that may be admitted to prove the facts contained in the record.  All the elements must be established.

This all sounds simple enough, but as the Holt case demonstrates, it is necessary that someone with personal knowledge testify how the data was recorded, when it was recorded, by whom it was recorded (i.e., by a person with actual knowledge of what was being recorded), and whether it was done “at or near the time of the event” in conformity with the set procedures of the party (i.e., in the regular course of that company’s business).  As Holtmakes clear, relying upon the mere existence of records within a computer system renders it virtually impossible to meet the business records exception requirements.

see Beware: Those Business Records Might Not Be Admissible

see also MIchelle Stocker on Business Records Exception

All that said, if a proper and timely objection is not made, those records WILL come in and will be used to prove the truth of the matter asserted even if the matter asserted is false. Note that the above articles are written by lawyers who work for the big law firms that represent the banks.

26 Responses

  1. Ivent, was your property sold yesterday?

  2. I have observed first hand the fraud going on in U.S. courtrooms in our great land. The reason why nothing makes sense in and there is no justice for anybody is because We The People are being governed by Satanic Prose, which are called “Legal Statutes,” based upon the old “Latin” meaning that no ruling is based upon anything legally factual, nothing is based upon any law or fact, but everything is based upon sheer paper thin speculation, and
    baseless innuendo that is utterly devoid
    of any facts. In other words, everything is a fraud and none of the judges rulings have any legal LEGS. Meaning any actual legal force or effect. We The People are being governed by fear, and are being ruled over by a fraudulently induced worldwide Freemasonic Satanic/Luciferian dictatorship aka THE NEW WORLD
    ORDER.

  3. The “Attorney’s for Plaintiffs” in fraudclosure are serial killers who have no moral value.

    No laws can be legally proven because of it all

  4. Correct error ….. No U.S. Citizen born here is safe anywhere.

    We are all targeted victims who were set up by their crooked lawyers and attorney network of hoods. We are all being severely victimized, wrongfully accused and wrongfully criminalized by the “Attorneys for Plaintiff.”

  5. May I clarify this massive Securities Fraud breach is still being covered up to this very day by the current FED CHAIR who slithered in after Bernanke.

    The real cover up is in the true and hidden meaning behind the words, “Securities Fraud.”

    That meaning is encoded and encrypted in the Devils Bible. The Talmud is fraudulently concealing Securities Fraud is a viscious hate crime. The Globalists fully intended to execute every American by committing innumerable amounts of felonies.
    The secret
    Meaning hidden
    behind the word “Foreeclosure, ” is it is an attempted murder of every single
    U.S. citizen born here.

    Fraudclosure is attempted manslaughter of its victims by the “Origination Fraudsters.” Fraudclosure was the intenfed result of the initial crimes.

    Therefore, no U.S. citizen born here is safe or secure anywhere. We are all victims

  6. As a direct result of the massive Securities Fraud Breach caused mainly by the Board of Directors over at J.P. MORGAN CHASE, there is Fraud in the Procurement of everything. Everything is a big lie that is an even larger felony Fraud then Fraud in the Factum. When there is Fraud in the Factum of every single fraudulently issued “Bill of Credit,”
    there is Fraud in the Essence of literally every single “product” these Wall Street mobsters, who are very clever freemasonic “hoodwinkers.” These wanton criminal “fraudsters,” are fraudulently issuing faulty, fraudulent “credit slips” by “covet means.” Covet Means” is criminal by its own Negligence because there is a willful and wantoned “Intent to Deceive.” “Covet Means” is the devils handiwork because it sets out to secretly seduce its intended victim. That is the true meaning of the legal term, “fraudulent inducement.” “”Fraudulent Inducement” is the intended consrquence of selling criminal fraud as something of value. That occurs by Fraudulent Representation and Fraudulent Misrepresentation of a product that is fake, phony and fraudulent in the first place.

    The real destruction is caused by division of the Original “faulty bad product” which is literally non-existant. These are ghost products that are phantoms created by the buying, selling,
    trading of nothing by
    swapping their very own faulty and fraudulent “credit slips” up in
    “cyberspace.”

    Derivatives are the real culprits in this mess that caused all of the division that lead to this horror show created by the big head honcho of “Wall Street” who is the FED CHAIRMAN.

    This fraud all really began under Alan Greenspan.

    The ongoing cover up for the fraudulent issuance of innumerable “lines of credit” to itself by the Original Issuer, is a weapon of financial mass destruction
    that by destruction of its own evidence, continues up until and including the
    “FED CHAIR.”

    This fraud and its agency are
    well
    hidden

  7. From the book entitled: THE HIRAM KEY REVISITED FREEMASONRY A PLAN FOR A NEW WORLD ORDER Written by CHRISTOPHER KNIGHT, Co-author of the Hiram Key, & ALAN BUTLER

    Bezaleel was the inspired workman of the Holy Tabernacle, which he built to house the Ark of the Covenant and to allow the light of the Divine Shekinah to shine upon it. His design afterwards became the model of King Solomon’s Temple, and conforms to a pattern delivered on Mount Horeb by God to Moses, who afterwards became the Grand Master of the Lodge of Israel…
    This favour was signalled to the brethren by the appearance in the East of the Divine Shekinah, which represents the Glory of God appearing on Mount Sinai at the deliverance of the Sacred Law.

    Later in the same rite, mention is made of the fact that the shining of the Shekinah is not necessarily a regular or predictable event. The ritual warns that God can remove this sign of his favor, if he chooses:

    At the consecration of the Holy Tabernacle, and afterwards at the dedication of the Temple of the Lord by King Solomon, the Divine Shekinah descended so its light shone upon the Ark or Mercy seat as it stood in the holy of holies, covered by the wings of the Cherubim, where it appeared for several generations, until the Israelites proved faithful to the Most High. And so may the light of Masonry be removed from all who proved unfaithful to their God!

  8. “Mustang Sallie.”

    Two simple words that well describe the biggest scandal in U.S. history.

    NationionwideFraudclosure is what happens to a Nation whose self appointed rulers have a serious god-complex. They really believe they are the gods of the entire universe. They worship at false, demonic alters, and give all thanks and praise to false idols. Not to the God who made them, or their own birth mothers who delivered them into this world. The main 3 false idols the Wall Street crew and their crony false idolaters “idolize” are….. GOLD-OIL-
    DRUGS. Those 3 things are the main component to their “Social Insecurity,” “Big Club” that hides all of its falsities, big lies and fake inuendos behind their own phony, fake and fraudulent “Agenda 21,” false paradigm. It is an enormous freak show that has been a well-planned. The groundwork having been well laid out over the last several decades by the enemies of our own freedom and independence. This evil plan that has been fraudulently
    instituted, under the guise of fraud closure is a nationwide plan whose evil “tenets” have been “underwritten” unlawfully under the guise of the Healthcare Law/Tax” is the enemy that is hiding from within. These evil jerks are using the U.S. Bill of Rights as a weapon for their own evil and selfish purposes. The “agenda” that is being “pushed through,” by some other “Army Corp of Generals” who are not our own, but are some secret, hidden underground “secret police force” of an unknown origin. All of the “Banksters” evil work is being done by Using Abusing the Supreme Power of We The People. This is all being carried out by way of “the traitors from within.” These U.S. Citizen traitors are secret Foreign intelligence Agency plants who are actually acting aa secret U.S. Governmemt Counterintelligance Agency “subplants.” These “confidantes” are a spy-ring who hate everybody. Especially those U.S. Citizens who were born here on U.S soil, 50 and some odd years ago.

    This global spy ring are mainly comprised of compromised Judges who are a Global International commune-ity network of
    Lawyer and Attorney wrongful accusing “judges” of everybody.

    It is “the decision has already been made,” party of “Globalists” who are a “Big Communist Re-Socialist, highly degenerate, party of One.

    It is the “Communist Party U.S.A.,” “Tag your it” Club, of Globalist mobster thugs. Whose highly skilled, highly trained Global mafia inspired leaders are hiding “way up there,” on “Wall Street,” hiding behind all of their own decades long Corporate Fraud, Lies and Abuse of the Peoples Trust.

    They all sit on a flourescent “throne, ” that is meant to be omnipresent. But is nothing more than a giant, enormous, garbage dump that is no less than a steaming hot filth pile of “Digitized” Electronic
    “Debt Fraud.”

    All of this “Debt” was created by the unauthorized and illegal use of the so-called “digital signature.” By forging the signature of very U.S. citizen born
    here “electronically,” these clever “hoodwinkers,” plan to usurp he U.S. Constitution as a severe “communal”
    type of Sharia Law punishment by the “casting on” of demons, these demonic entities are making pre-determined false
    judgments brought upon us are based upon their own false accusations, presumptions and baited claims that are not baseless, not based upon any law or fact. By doing so, thse jokers, liars and thieves are using our very own U.S. Constitution as a weapon against us.

    The Wall Street “big wigs” and Corporate “fat cats,” set the stage to destroy America from within. That was all caused by all of “them,” who are all kneeling, praying and worshippig themseves.

  9. @christine this is a perfect example of you don’t know who to trust. You would think people on these sights are here to help others by telling their stories?

  10. I am not in foreclosure. I have a breach of contract matter in place. I have been at this for eight years. The entire system is rigged against the homeowner just FYI.

  11. We got production of documents that we were wating for and had requested numerous times. They were finally faxed the day of our deposition. I have proof of everything, when it was or wasn’t done and when I received it.. I don’t know who to trust anymore? The proof & truth we have should put these crooks behind bars for a lon time.

  12. Concerned21,

    You didn’t address me but, in my quality as a homeowner having won in federal, appeals and state court, thanks to years in law school and in the legal profession and thanks to the humility to know that I still couldn’t fight Goliath alone, without a competent attorney, fearing the amount of bad advice people get here, I have a moral duty to barge in and set things straight.

    Louise is not and has never been an attorney. As a well-meaning but ignorant paralegal with no representation (Attorneys always help their staff. They couldn’t help her? What’s wrong with that picture?), she’s just holding on as a pro se fighting FC by the skin of her teeth like many here. What happened to that paralegal job is anyone’s guess.

    She has no clue about TILA, RESPA, HOEPA, UCC 3 – 305 or whatever else. Heck! She is ready to shoot herself in the leg by taking on Corelogic she knows nothing about, who’s been paying her RE taxes all along and has been her best ally since she stopped paying her mortgage!

    Are you sure you want her advice?

    “During our deposition we got proof that the Security instrument was not recorded…” There is absolutely no way you got proof of anything during your own deposition. Your deposition was never intended to GIVE you any proof of anything and it never did. It was only intended to indicate to the bank’s attorney whether you’d make a credible witness on your own behalf on the stand. If Louise is half the paralegal she professes to be, she’ll tell you that much. There are codes of ethics for every profession, hers included. If she doesn’t confirm that much, draw your conclusion.

    What state are you in?

    Ignore my questions at your own peril. I’m asking the right ones. Those who answer get true help. And I get not one cent in return: I already have a job. I don’t need the money. I’m in for the principle of justice. I won’t give any BS. I won’t allow BS to be spread.

  13. @Louise we never even got a copy of the note or mortgage or any documents at the closing that are required to satisfy the terms of a Legal Contract. It took 41/2 years and we now had proof of Fraud since Origination, Illegal Closing, Invalid Loan, violations of TILA, RESPA, HOEPA, UCC 3 – 305, EMBEZZLEMENT, Illegal Foreclosure, Invalid Credit Bid etc. The list goes on & on. We also paid almost $200,000 on an INVALID LOAN and zero was applied to the principal. During our deposition we got proof that the Security instrument was not recorded and the bank had no legal right to collect, assign or foreclose. We never got another mortgage statement since Feb 2008 after they found out that we were getting copies of our ILLEGAL closing sent to us. We had no copy of a note to secure a mortgage. There was no proof of debt and we had no knowledge of any closing docs that are required by law or any knowledge of their essential terms .ex. Paragraph 20 on note? This is just 1/100 of the FRAUD that was allowed and the corruption & fraud that allowed our paid off home to be illegally stolen from us. It wasn’t foreclosed because MGL ch 244 sec 14 was ignored which is an automatic DEFENSE!

  14. Deb,

    Given the time lapse, I figured it had. The last time you signed anything in exchange for any kind of money was much longer ago than the requisite 3 years, so I kind of guessed it was rhetorical on your part.

    Doesn’t hurt to throw that info in, if only for the newbies. Too much BS going around and not enough solid help. 4 more million foreclosures expected in the next 6 months.

  15. Thank you Christine but the argument has moved since. It aint over yet though.

  16. Warren’s Forbes interview of 1/13/15. Worth reading.

    http://fortune.com/2015/01/13/elizabeth-warren-sheila-bair/

    “You know, when I was in law school, they taught us that monopolies were wrong because they hurt price competition. They were a market failure that hurt consumers, and that of course, was true. So you needed to break them up.

    But if you read Teddy Roosevelt on this – his principle push for breaking up the trusts was because they had too much political power. They overwhelmed the government. It wasn’t so much that they were stronger than government, but they could persuade government to shift the rules to make themselves even more powerful. And when that happens, it’s not just a threat to the economy. It’s a threat to democracy.”

  17. Deb,

    Rescinding after transfer is tricky but it can be done if one knows what the issues are.

    Check that site. They have some excellent info and their e-books are pretty accessible.

    http://www.nolo.com/products/represent-yourself-in-court-ryc.html

  18. louise how can you rescind if you cant get it to the real party in interest, and its not the servicer , they told me ( the servicer that is) that i cant rescind isn’t that rich, of course could not particularise and substantiate that, and it was when i was ignorant of certain material facts thatblater came to light ( was within the 3 yrs) i did it with tender minus equitible setoffs but they would have to produce the accounting and not a computer printout ( payment history) Think about it in the next breath they issue a 1099a. What a farce.

  19. Steve Nelson, J.D. from Consumer Rights Defenders adds to Neil’s comments that business records are simply an exception to Hearsay exclusions found in most evidence codes in state and federal court evidence rules. Zuckerman’s point is correct, ,,,,,but the records’ written content is still objectionable and still is hearsay and the content cannot be used in lieu of testimony if challenged, as not containing correct, accurate, timely entries.

    As Neil has urged, challenge everything that the banks present as flawed, either factually by vigorous cross examination or by discovery challenges. Take bank’s person most knowledgeable by depositing them and attacking their recall. Few actually know events that occurred 2+ years ago! [Few know how to prove a trust holds a note.] The challenge is to the “foundation” of the facts they present as flawed.

    In the case of Janeece F. adv. Bank of New York Mellon litigated in Sonoma County in Calif, we provided attorney-crafted cross examination prompt and she destroyed the banks’ witnesses’ alleged expertise. BONYM could not prove they owned the securitized Note allegedly placed into the trust corpus. BONYM on October 27, 2014 dismissed its non-judicial foreclosure case, being embarrassed and humiliated by a pro se single mom litigant. We can help those who want similar litigation strategies by calling Steve or Sara at Consumer Rights Defenders at 818.453.3585 today.

  20. Melissa,

    A rescission letter has to follow the proper format, just as a QWR. It must reference that it is written in accordance with TILA and it must outline the reasons for the rescission.

    That US Supreme Court decision is very significant inasmuch as it levels the playing field from one coast to the other as to rescission.

  21. The recission issue has been out there before many times. It has to be timely, withing 3 years of date of the note and closing. I tried this and received nothing in return, even though it was timely and in writing.. Since the servicers/lenders’ feet are not held to the fire, they just keep on doing the same criminal activity they were always doing. They have to be charged and prosecuted and then justice will prevail. Please look at Iceland. That is not happening. We are still in this mess.

  22. “…if a proper and timely objection is not made, those records WILL come in and will be used to prove the truth of the matter asserted even if the matter asserted is false.”

    It’s got to be BOTH proper and timely. Most of the objections to anything I’ve read so far might have been timely but they sure as hell weren’t “proper”. Anybody can sue anyone over anything. Anybody can allege anything. It will always fly unless properly refuted. The plaintiff does have the burden of proof but that burden is lifted when defendant fails to properly contest the allegations.

  23. Need everyone’s input on this decisionhttp://finance.yahoo.com/news/u-supreme-court-rules-homeowners-152417492.html

  24. That this stuff about Obama lying about the Wall Street banks wins the “No shit, Sherlock” award. How come this is coming out now? On another note, the business record mess has been out there a long time. You can tell the judges are rigged against you is the fact that so many differing decisions have come out that are all over the place. It is established black letter law that you if do not own the Note or have proof you own the debt, then you cannot collect from somebody you just say owes it to you. Otherwise, I could tell any of you that read this blog that you owe me $5,000, and I could collect???

  25. When the Head of the Fish stinks we all stink.

    http://www.globalresearch.ca/obama-lied-about-his-intent-to-prosecute-wall-street-banksters/5424033

    Come to your own conclusions. Obama the Demagogue.

    NEVER AGAIN.

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