Henderson v. Deutsche Bank National Trust Co.

The borrowers, Duroy and Marilyn Henderson, appeal a final judgment of foreclosure entered after a bench trial. Because Deutsche Bank failed to prove its entitlement to foreclose, we reverse the final judgment. Without further comment, however, we find that the trial court did not err in denying relief on the borrowers’ counterclaim under the Truth in Lending Act.

As a preliminary matter, the record reflects — and Deutsche Bank concedes — that Deutsche Bank’s witness’s testimony regarding the loan payment history did not satisfy the business records exception to the hearsay rule. Therefore,…