With Affidavits Of Debt, Remain Mindful Of The Evidentiary Requirements
September 30, 2010
Yesterday's MarketWatch.com had an article concerning "the growing controversy about so-called 'robo-signers' in the foreclosure process, during which staffers sign thousands of mortgage-related documents a month." Here's a link to the story: "Robo-signer" controversy spreads .
One lesson here for secured lenders and their lawyers is to follow the rules of procedure and ensure, among other things, that those who sign affidavits in support of motions for summary judgment have the requisite personal knowledge of the facts and/or that they have reviewed and, as needed, attached records of regularly-conducted business activities in support of the facts. See, Indiana Rules of Evidence 602 and 803(6).