Wells Fargo Bank v. Stratton Jensen, LLC
2012 UT App 40
| Utah Ct. App. | 2012Background
- Wells Fargo Bank sued Stratton Jensen, LLC and Michael Jensen on a loan; district court granted Wells Fargo’s summary judgment.
- Jensen appealed the ruling, filing on his own behalf and as guarantor; Stratton Jensen, LLC was not a party on appeal.
- Wells Fargo filed a Rule 56 motion with a supporting affidavit; Jensen did not present evidence refuting the facts.
- Jensen argued Wells Fargo failed to prove holder in due course by not producing the original note.
- The court held photocopies of the note can establish holder status, and the duplicate was properly relied on; the record showed no authenticty challenge to the duplicate.
- The district court’s reliance on the loan adjuster’s affidavit, based on business records, was proper under the hearsay rules; judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wells Fargo proved holder in due course without the original note | Jensen argues the original note is required | Wells Fargo argues photocopies suffice to prove status | Photocopies sufficient; no original required |
| Whether the loan adjuster affidavit was admissible hearsay | Affidavit based on corporate documents; hearsay concerns | Documents are business records and admissible | Affidavit properly relied upon; business-record exception applies |
Key Cases Cited
- Dobson v. Substitute Trustee Servs., Inc., 711 S.E.2d 728 (N.C. Ct. App. 2011) (photocopies may establish holder status when duplicates authenticate)
- Cadle Co. v. Errato, 802 A.2d 887 (Conn. App. Ct. 2002) (duplicate note can suffice to prove ownership as holder)
- Mark v. Household Fin. Corp. III, 296 S.W.3d 838 (Tex. App. 2009) (photocopy proper to prove holder absent contrary evidence)
- Archuleta v. Galetka, 2011 UT 73 (Utah Supreme Court 2011) (Utah allows duplicative evidence; evidentiary rule alignment)