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Expert Analysis

Lenders Should Pay Attention To Calloway And Its Progeny

Law360, New York (January 15, 2015, 10:29 AM EST) -- Last week, in Bank of New York v. Andrew Calloway,[1] the Fourth District Court of Appeals provided some long-awaited clarity to the business records exception as it relates to a prior loan servicer's records under Florida law. In doing so, the Fourth District held that a loan transfer itself was sufficient to establish the necessary trustworthiness required to meet the business records exception due to the "business relationships and common practices inherent among lending institutions acquiring and selling loans."[2]...

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