There is another terrific new decision out of the New Jersey Superior Court in the case U.S. Bank v. Spencer:
Although this is an unpublished decision of a trial court, which will carry little authority in NJ or elsewhere, it still contains some excellent discussion and analysis of the law.
The case is particularly instructive as to the importance of OBJECTING to the admissibility of exhibits not properly authenticated by a valid business records affidavit.
The case is also a rather remarkable example of the incompetence and arrogance of the servicer in dealing with a borrower who was seemingly seekign to do the right thing throughout.
ALthough the link to the case is provided and no LEXIS link is yet available, as an additional finding aide for those seeking this thread in the future through use of the Forum search facility, I would not the following additional case details:
U.S. Bank, N.A., as trustee for J.P. Morgan Acquistion Corp. 2006-FRE2 v. Arthur Spencer et al, Superior Court of New Jersey, Chancery Division, Bergen County, Docket No. BER-F-10591-10, Decided March 22, 2011, Amended March 28, 2011.