In re Foreclosure of a Deed of Trust Executed by Iannucci

DIETZ, Judge.

Marge and Michael Iannucci appeal from the trial court's order allowing U.S. Bank to foreclose on their home. The Iannuccis do not dispute that they took out a $188,000 loan using a note and accompanying deed of trust secured by the home and that they have failed to make scheduled payments on the note and are now in default. But the Iannuccis argue that U.S. Bank cannot foreclose on the property because the bank lost the note.

As explained below, the trial court properly admitted an affidavit from a servicing agent for U.S. Bank, admissible under the business records exception,…