Bryson v. Branch Banking and Trust Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that unauthenticated letters of default were insufficient to establish that the bank had complied with the notice and opportunity to cure requirements of the mortgage
• holding that “unauthenticated copies of default letters . . . were 8 insufficient for summary judgment purposes because only competent evidence may be considered in ruling on a motion for summary judgment.”
• holding that unauthenticated documents that are simply attached to a notice of filing are not admissible evidence that can properly be considered by the court when it is deciding a summary judgment motion
• holding: “The unauthenticated copies of 9 default letters purportedly sent to Bryson by BB & T were insufficient for summary judgment purposes because only competent evidence may be considered in ruling on a motion for summary judgment”
• reversing summary judgment of foreclosure when the bank filed “unauthenticated copies of default letters,” and noting that the default letters were not “self-authenticating because extrinsic evidence to establish its truthfulness is still required”
• reversing grant of summary judgment where the plaintiff asserted affirmative defense that bank had not complied with condition precedent and nothing established bank gave homeowner notice of default as required by the mortgage

Source: CourtListener parenthetical corpus (CC0).