Posted in Foreclosure Defense, Legal News

The Changing Landscape of the Business Records Exception under Florida Law and its Impact on Florida Foreclosures – Greenberg Traurig LLP

The Changing Landscape of the Business Records Exception under Florida Law and its Impact on Florida Foreclosures – Greenberg Traurig LLP.

In Glarum, one of the primary issues on appeal was whether the affidavit of indebtedness in support of a motion for final summary judgment of foreclosure satisfied the requirements of the business records exception to the hearsay rule under Florida law. The business records exception is codified under section 90.803(6)(a), Florida Statutes, and provides that evidence may be admitted as a business record if it meets the following elements:

(1) the record 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) that it was a regular practice of that business to make such a record.

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