How to Get Previously Excluded Evidence Admitted
July 8, 2014Hidden within this seemingly straightforward post-foreclosure forcible detainer action is an interesting evidentiary issue. After purchasing the Martins’ home at a foreclosure sale, Fannie Mae sought to have them evicted by filing a forcible detainer action in County Court at Law. The trial court ruled in favor of Fannie Mae, and the Martins appealed, arguing, among other things, that Fannie Mae did not introduce evidence to establish that it owned the property.
That issue turned on whether the substitute trustee’s deed (which showed that Fannie Mae owned the property) was admitted into evidence. Apparently, when Fannie offered the substitute trustee’s deed into evidence, the Martins’ attorney objected to the second page of the document on the basis of hearsay and the trial court sustained his objection. Later, however, Fannie’s attorney discussed and summarized the relevant provisions of the deed and made arguments about the deed as if it had been admitted into evidence. Notably, the Martins’ attorney never objected to these statements, leading the Court of Appeals to conclude that the substitute trustee’s deed was, “for all practical purposes,” admitted into evidence. Accordingly, the Court affirmed the trial court’s ruling.
