Bayview Loan Servicing, LLC v. Cornejo

Court properly entered summary judgment in favor of Plaintiff loan servicing company, which had been substituted in for bank which was original plaintiff and which had transferred servicing rights on loan, in mortgage foreclosure case. The note attached to original foreclosure complaint is prima facie evidence that bank owned the note, although it lacked indorsement in blank. Defendants failed to present evidence that transfer did not occur before complaint was filed. Loan servicing company employee's affidavit stated amounts due and owing, and that she was familiar with business process and records were made in regular course of bvusiness, so affidavit was admissible and supported judgment. (LYTTON and SCHMIDT, concurring.)