The Maine Supreme Court, using a recent interpretation of the business records exception to the hearsay rule under Maine law, has raised questions regarding mortgage loan servicers' ability to foreclose on defaulted borrowers. An essential element of proof in any Maine judicial foreclosure action includes evidence of default, and in Key Bank Nat'l Ass'n v. Estate of Quintthe Court affirmed exclusion of a prior servicer's screenshots submitted to demonstrate the amount a borrower owed, costs incurred and the outstanding principal balance in pursuit of a judicial foreclosure action.
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Please Wait. Transfer — of cases — from one court to another — grounds for transfer — reasonable apprehension of a fair trial — exercise of discretion to transfer case — principles applicable in exercise of. Evidence — hearsay evidence — meaning of — rules governing hearsay evidence — when non original evidence may not be hearsay — test — factors to be taken into consideration.