A mortgage company seeking to authenticate loan documents recorded and transferred between prior companies does not need to have employees from each of the prior loan holders testify in court to authenticate the information, the Pennsylvania Supreme Court has ruled, providing guidance on an issue that is increasingly coming before the courts.
The justices ruled Thursday that loan records can be authenticated solely through the testimony of an employee from the current loan holder. The court’s unanimous decision in Bayview Loan Servicing v. Wicker declined to adopt a bright-line rule either mandating or barring the additional testimony, but instead said it should be up to the trial courts to determine whether the loan information and the employee’s testimony are trustworthy enough to authenticate the disputed documents.
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