Weisenberg v. Deutsche Bank National Trust Co.

Thelma and Deena Weisenberg appeal a summary final judgment of foreclosure in favor of Deutsche Bank, claiming that the loan servicer’s affidavit constituted inadmissible hearsay. We find that the affidavit complied with the requirements of the business records exception and affirm.

In support of its motion for summary judgment, the bank filed the affidavit of Cynthia Stevens, a supervisor at the bank’s servicing agent, American Home Mortgage Servicing, Inc., who stated that appellants owed in excess of $444,000. After deposing Stevens, appellants moved to strike her affidavit, claiming she…