Charles Ryan Ermisch and Julia A. Ermisch v. HSBC Bank USA, National Association, as Trustee for Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-1, 03-16-00080-CV

Charles and Julie Ermisch purchased property in 2007; executed note and deed of trust; deed assigned to HSBC and property foreclosed in 2012.
HSBC filed a forcible-detainer action after sending a notice to vacate; justice court awarded possession and the Ermisches appealed to the county court at law.
HSBC moved for traditional summary judgment and attached a business-records affidavit from Sharon Vaughn (paralegal and records custodian) authenticating four documents (deed of trust, assignment, substitute trustee’s deed, notice to vacate).
Vaughn’s affidavit stated she had “personal knowledge” and that the facts were “true and correct to the best of my knowledge and belief.”
The Ermisches objected that the affidavit was insufficient because it did not state the facts were unequivocally “true and correct”; the trial court granted summary judgment without ruling on that specific objection; the Ermisches’ motion for new trial was overruled by operation of law.
On appeal, the court considered (1) whether the objection was preserved and (2) whether Vaughn’s affidavit met the evidentiary requirements for admitting business records under the rules.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court erred by admitting Vaughn’s business-records affidavit and attached records because affidavit said "to the best of my knowledge and belief" rather than unqualified "true and correct"	Ermisches: affidavit language renders records inadmissible hearsay; insufficient authentication for summary judgment	HSBC: Ermisches waived error by not obtaining a ruling; affidavit substantially complied with Tex. R. Evid. 902(10)(b) and showed personal knowledge and custodian status	Court: Error not preserved for appeal because no ruling obtained; alternatively, affidavit was sufficient under Rules 902(10)(b)/803(6) and trial court did not abuse discretion; judgment affirmed

Grand Prairie Indep. Sch. Dist. v. Vaughan, 792 S.W.2d 944 (Tex. 1990) (preservation rule for evidentiary objections)
Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 (Tex. 1985) (abuse of discretion standard for evidentiary rulings)
Owens–Corning Fiberglass Corp. v. Malone, 972 S.W.2d 35 (Tex. 1998) (appellate deference where any legitimate basis supports trial court ruling)
Kyle v. Countrywide Home Loans, Inc., 232 S.W.3d 355 (Tex. App.—Dallas 2007) (custodian affidavit sufficient when affiant’s role and job duties establish personal knowledge of record-keeping)
Federal Fin. Co. v. Delgado, 1 S.W.3d 181 (Tex. App.—Corpus Christi 1999) (affidavit need not recite the exact words "true and correct" if the affidavit demonstrates personal knowledge and the obvious effect is a claim of truth)

Outcome: Affirmed summary-judgment possession for HSBC; affidavit sufficient under business-records exception and objection not preserved.