Business record challenge lostSeptember 13, 2019

HSBC Bank USA, Natl. Assn. v Green, 2019 NY Slip Op 06482 (2d Dept. 2019)

“At the trial in this case, Wiggins testified only that he had access to Wells Fargo’s computerized records. He did not testify that he was familiar with Wells Fargo’s practices in making those records, and he failed to state that he had any knowledge regarding the plaintiff’s records. Moreover, the plaintiff did not attempt to introduce any of the relevant records into evidence. Thus, Wiggins failed to establish an evidentiary basis for his statement that the subject loan was in default”

You really do not see too many foreclosure cases go to trial. You also almost never see a trial loss from a foreclosure trial go to the Appellate Division.

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