Bayview Loan Servicing, LLC v. Rita Kay

Bayview Loan Servicing, LLC (“Bay-view”), appeals a final order dismissing its foreclosure action against Rita Kay. After the trial court excluded Bayview’s loan payment history documents from evidence as hearsay, it determined that Bayview could not state a prima facie case and dismissed the case without prejudice. Because we conclude that the trial court erred in its application of the business records exception, we reverse and remand for a new trial.

Bayview and M & T Bank executed a servicing agreement whereby M & T Bank serviced loans until mortgagors defaulted, at which point Bayview…