Federal Natl. Mtge. Assn. v. Markowitz

Summary

The New York Appellate Division, Second Department affirmed an order and judgment of foreclosure and sale. The court held that the referee's computations were substantially supported by the record and that the affidavit established a foundation for business records, including records created by prior loan servicers and incorporated into the current servicer's records.

Holdings

1. The Supreme Court properly confirmed the referee's report because the referee's computations were substantially supported by the record.
2. The affidavit adequately established the admissibility of business records created by prior loan servicers because it showed that those records were incorporated into Shellpoint's records and routinely relied upon by Shellpoint in its business.

Questions Presented

1. Whether the Supreme Court properly confirmed the referee's report and entered a judgment of foreclosure and sale when the referee's computations were supported by the record.
2. Whether the affidavit established a foundation for admitting business records created by prior loan servicers and incorporated into the current servicer's records.

Disposition

affirmed