In Re Foreclosure of a Deed of Trust Executed by Lucks

I agree that this Court should reverse the decision of the Court of Appeals and affirm the trial court’s dismissal of this attempt to foreclose by power of sale. I would focus, however, on the primary argument of the parties, which addresses whether the trial court properly excluded exhibits that were necessary to establish the right to foreclose. I agree with the majority that Exhibit 4 “is the crucial document at issue in this appeal.” Thus, we should review the trial court’s decision to exclude Exhibit 4 “based upon a failure to provide a proper foundation and hearsay.” I conclude that the…