- Don McCoy-Realtor in Southern Oregon
Hearsay is Denied in Foreclosure Court Case
For many years Banks Attorneys have been hoodwinking Judges that they have the proper documents to foreclose on property and not actually producing those documents. The foreclosing party must posses and produce the note and deed to legally foreclose. That has now been changed.
On February 28th 2018, in U.S. Bank National Assn. v. McCoy, the Oregon Appellate Court ruled in the Defendants favor that hearsay in not admissible by the Banks in property foreclosure!
The business records exception to hearsay under OEC 803(6) does not permit "a party to substitute testimony regarding the contents of records for the records themselves."
Defendant appealed the trial court's grant of Plaintiff's summary judgment motion. Defendant assigned error to the trial court's denial of Defendant's motion to strike Bank's inadmissible hearsay that supported its summary judgment motion...read more.... The Court of Appeals held that the trial court erred in granting Plaintiff's summary judgment motion because paragraph seven of Plaintiff's declaration was inadmissible hearsay, that without, the evidence was insufficient to establish judgment as a matter of law. Reversed and remanded.