CASELAW UPDATE: Forclosure Final Judgment REVERSED- What Good Foreclosure Defense Attorneys Can Do!

We reverse the final summary judgment of foreclosure as appellant’s
affirmative defenses were not conclusively refuted on the record. The
trial court relied on the allegations in a verified complaint to refute the
defenses. While a verified complaint may serve the same purpose as an
affidavit for purposes of a summary judgment, the complaint’s
allegations must meet the requirements of the rule governing supporting
and opposing affidavits. See Ballinger v. Bay Gulf Credit Union, 51 So. 3d
528, 529 (Fla. 2d DCA 2010). Florida Rule of Civil Procedure 1.510(e)
requires that affidavits must be based on personal knowledge and shall
“show affirmatively that the affiant is competent to testify to the matters
stated therein.” A complaint based on “information and belief,” and not
personal knowledge, is insufficient. Id. Here, the complaint was not
based up o n personal knowledge a n d was insufficient to meet the
requirements of the rule.