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831 W. Morse Blvd., Winter Park, Florida 32789

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Knowing the Rules of Evidence Decides a Case

I’m attorney Eric Lanigan with Lanigan and Lanigan in Winter Park, Florida. You can watch a video on this topic by visiting our YouTube channel Lanigan&Lanigan. The video is called

I want to go over how a recent case that I had brought home to me how much the rules of evidence play in a foreclosure case. We were waiting out in the hall to be called in for trial and right in front of me the plaintiff’s lawyer introduces herself to the so-called records custodian for the loan servicer the person who’s going to identify and validate the records and they’re introducing themselves to each other and realize that they’ve never met before and the lawyer actually hands the records to the custodian and says, “here are your records.”

And I thought, well now, that’s interesting. The so-called records custodian is now receiving the records that they’re supposed to be the custodian of.

And I thought, well this is going to make for a great cross-examination of this person. But then, for another evidentiary reason we never even got to that point because when they attempted to submit these records I noticed as I expected that half of these records belonged to the original loan servicer. The one at trial had actually taken over the case. And that’s actually a very common situation.

Well I immediately objected on the basis that they can’t make someone else’s business records their business records just by putting them in the file. 

Which is true and the judge although he didn’t want to agree with me, he knew that he had no choice. He sustained the objection didn’t allow the business records into evidence. Well with no records they had no case and it was dismissed.

So without a strong knowledge of the rules of evidence, those records would’ve come in and the plaintiff would have gotten a foreclosure judgment.

So these kinds of cases, always keep in mind, are not necessarily decided on what the facts are or even what they should be. But they’re based on what is proven by the evidence.

I’ve had cases over the years, different kinds of cases, criminal cases other types of civil cases where my client has said, “this is the truth, I swear that this it’s the truth,” and I know it sounds cynical but sometimes I’ve actually said to them, “you need to understand something, I don’t care what the truth is, in court I care what the evidence will prove.”

And to follow down that road you have to have a thorough an intimate understanding of the rules of evidence. By investing in a consultation with Eric Lanigan or Roddy Lanigan you’ll find out within an hour’s appointment which direction you should go in your foreclosure case. 

By taking the time to speak with an experienced foreclosure lawyer you’ll have a clear understanding of your financial, home and foreclosure defense plan. Call 407-740-7379 to make an appointment with the Lanigans. 

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