Deutsche Bank National Trust Company v. Patricia A. Olson

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WI Court of Appeals – District I

Case Name: Deutsche Bank National Trust Company v. Patricia A. Olson

Case No.: 2015AP192

Officials: Before Curley, P.J., Kessler, J., and Daniel L. LaRocque, Reserve Judge

Patricia A. Olson and Philip Olson (collectively, “the Olsons”) appeal from a judgment of foreclosure entered in favor of Deutsche Bank National Trust Company on behalf of the Certificate Holders Morgan Stanley ABC Capital I Inc. Trust 2005-NC2 Mortgage Pass Through Certificates, series 2005-NC2 (“Deutsche Bank”).1 On appeal, the Olsons argue that the trial court erred in admitting certain documents under the business records exception to the rule against hearsay, see WIS. STAT. § 908.03(6) (2013-14) (the “business records exception”),2 as evidence supporting Deutsche Bank’s claim that the Olsons were in default and owed $140,364.63 on the principal balance of the loan plus interest of $68,953.21 as of the date of the trial under the terms of the note and mortgage. Had the trial court not admitted those documents, the Olsons argue, there would have been insufficient evidence to support Deutsche Bank’s foreclosure claim because Deutsche Bank would have failed to establish the amount due and owing. We conclude that the trial court did not err in admitting the documents at issue as business records under § 908.03(6); therefore, we affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.