ANGELA R. CASSELL, APPELLANT,
v.
GREEN PLANET SERVICING, LLC, ET AL., APPELLEES
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Appellant Angela Cassell appealed a foreclosure judgment entered against her by Green Planet Servicing. The court reversed the judgment because Green Planet failed to properly authenticate payment history and notice documents as business records, making them inadmissible hearsay and preventing Green Planet from establishing either Cassell's default or compliance with mortgage notice requirements.
The court held that Green Planet failed to lay proper foundation for the documents because the witness could not demonstrate familiarity with the record-keeping systems of the entities that created the documents. Without establishing the reliability and accuracy of the records, the documents were inadmissible hearsay, and without them, Green Planet could not establish either Cassell's default or its own compliance with notice requirements.
[1] A witness can only authenticate another entity's business records if the witness demonstrates familiarity with the record-keeping system of the business that prepared the…
[2] A records custodian's review of documents, without personal knowledge of the policies and procedures of the entities that created the records, is insufficient to establis…
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Join FLexlaw to unlock all legal intelligence“a witness can only authenticate another entity's records if the witness can "demonstrate familiarity with the record-keeping system of [the] business that prepared the document and knowledge of how the data was uploaded into the system."”
Establishes the standard for authenticating documents prepared by other entities in foreclosure proceedings
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Join FLexlaw to unlock all legal intelligenceGreen Planet sought to foreclose on a mortgage originally filed by GMAC Mortgage. At trial, Green Planet presented its records custodian to authentica…
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Appellant, Angela Cassell (“Cassell”), appeals the trial court’s final judgment of foreclosure entered in favor of Green Planet Servicing, LLC, n/k/a Planet Home Lending, LLC (“Green Planet”), on a complaint that was originally filed by GMAC Mortgage, LLC (“GMAC”). Cassell argues, inter alia, that the documents Green Planet relied upon at trial to show default as well as Green Planet and GMAC’s compliance with the mortgage’s notice requirements were inadmissible hearsay. We agree and reverse.
*105At trial, Green Planet presented the testimony of its own records custodian to establish a foundation for the entry of Green Planet’s records. The records .that Green Planet sought to enter into evidence included the payment history on the loan and a copy of a notice of default it had received 'from GMAC. Cassell objected on the basis that the records were inadmissible hearsay. Green Planet sought to admit the records under the business records exception to the rule excluding hearsay.
This Court has previously determined that, in a foreclosure proceeding, a witness can only authenticate another entity’s records if the witness can “demonstrate familiarity with the record-keeping system of [the] business that prepared the document and knowledge of how the data was uploaded into the system.” Nationstar Mortg., LLC v. Berdecia, 169 So.3d 209, 213 (Fla. 5th DCA 2015) (citing Burdeshaw v. Bank of N.Y. Mellon, 148 So.3d 819, 823 (Fla. 1st DCA 2014)).
The witness in this case initially testified that she obtained her knowledge of GMAC’s records from “[g]oing through the service history of the loan” and by reviewing the records themselves. When asked directly if she had any personal knowledge of the policies and procedures used by the entities that created the payment, history and notice letters, she repeatedly testified that she did not. Green Planet was required to provide evidence that the records were reliable and accurate. See WAMCO XXVIII, Ltd. v. Integrated Elec. Env’ts, Inc., 903 So.2d 230, 233 (Fla. 2d DCA 2005). The witness’s review of the payment history and notice letter themselves, along with other- documents that were never entered at trial, could not form the basis for the determination that the records were trustworthy. See Gonzalez v. BAC Home Loans Servicing, L.P., 180 So.3d 1106, 1108-09 (Fla. 5th DCA 2015); Schmidt v. Deutsche Bank, 170 So.3d 938, 941 (Fla. 5th DCA 2015).
Green’ Planet failed to lay the proper foundation to enter the payment history and notice letter as business records; therefore, these documents should not have been admitted over Cassell’s hearsay objection. Without that evidence, Green Planet could not establish either Cassell’s default or its own compliance with the mortgage’s notice requirements. Accordingly, we reverse the final judgment of foreclosure and remand for a new trial.
REVERSED and REMANDED.
LAMBERT and EDWARDS, JJ., concur.
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Citator
Cited By
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Mace v. M & T Bank (Fla. 2d DCA 2020)…a criminal prosecution where 15Had the Maces contended that reversal is required based on the trial court's evidentiary ruling errors—an issue they do not raise—a new trial would undoubtedly be necessary. See Cassell v. Green Planet Servicing, LLC, 188 So. 3d 104, 105 (Fla. 5th DCA 2016) (reversing on evidentiary errors and noting that without the inadmissible evidence "Green Planet could not establish either Cassell's default or its own compliance with the mortgage's notice requirements"); M.S. v. Dep't of…1 / 2
Authorities Cited
- Nationstar Mortg., LLC v. Berdecia, 169 So. 3d 209 (Fla. 5th DCA 2015)
- Wamco Xxviii, Ltd. v. Integrated Elec. Environments, Inc., 903 So. 2d 230 (Fla. 2d DCA 2005)
- Schmidt v. Deutsche Bank, 170 So. 3d 938 (Fla. 5th DCA 2015)
- Llloyd Steve Burdeshaw and Teresa Burdeshaw v. The Bank OF NEW York Mellon (fka The Bank of N.Y.) for Mastr Alternative Loan Tr. 2006-2, 148 So. 3d 819 (Fla. 1st DCA 2014)
- Gonzalez v. BAC Home Loans Servicing, L.P., 180 So. 3d 1106 (Fla. 5th DCA 2015)