Deutsche Bank Trust Co. Americas v. Clifford
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The Supreme Judicial Court affirmed the judgment of the district court in favor of Deutsche Bank on Deutsche Bank's foreclosure complaint, holding that the district court did not err or abuse its discretion.
On appeal, Stephen Clifford argued that the district court abused its discretion by admitting several documents under the business records exception to the rule against hearsay and erred in finding that Deutsche Bank satisfied the elements of proof to support the judgment of foreclosure. The Supreme Judicial Court disagreed, holding (1) the trial court did not abuse its discretion by admitting the documents under the business records exception; and (2) Deutsche Bank proved all the required elements to foreclose by a preponderance of the evidence.
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