Kimberly A. Ensler v. Aurora Loan Services, LLC, 178 So. 3d 95

Aurora filed foreclosure; Nationstar substituted as plaintiff after a service transfer subject to a power of attorney.
Ensler objected to Nationstar’s witness testifying about Aurora’s breach letter, payment history, and power of attorney due to lack of personal knowledge.
Nationstar’s sole witness, Fay Janati, admitted no personal knowledge of Aurora’s practices or records and had not visited Aurora offices or spoken to employees.
Trial court admitted Aurora’s records over objection; Ensler moved for involuntary dismissal, which was denied, and final judgment entered for Aurora.
On appeal, Ensler argued the records failed the business records exception to hearsay under Fla. Stat. 90.803(6); the trial court erred in admitting them.
Court held the business records foundation was not established; breach notice evidence relied on inadmissible records, requiring reversal and remand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether records meet the business records exception	Ensler: Nationstar failed foundation.	Aurora: records are admissible as business records.	No; foundation incomplete; remand for proceedings
Whether notice of breach and cure was properly proven	Ensler: notice not proven due to inadmissible records.	Aurora: records show notice sent.	No; no admissible proof of actual notice
Effect of improper evidence on foreclosure judgment	Without competent evidence, judgment cannot stand.	Evidence supports foreclosure.	Reversed and remanded for further proceedings

Holt v. Calchas, LLC, 155 So. 3d 499 (Fla. 4th DCA 2015) (defines business records foundation requirements)
Yisrael v. State, 993 So. 2d 952 (Fla. 2008) (foundation for business records exception)
Burdeshaw v. Bank of N.Y. Mellon, 148 So. 3d 819 (Fla. 1st DCA 2014) (insufficient business records foundation)
Glarum v. LaSalle Bank Nat’l Ass’n, 83 So. 3d 780 (Fla. 4th DCA 2011) (prior servicer records inadmissible without proper foundation)