Mortgagee verified in its complaint that all conditions precedent to the foreclosure action had occurred, and the trial Court granted Summary Judgment.  The Fourth District reversed and remanded finding there was no evidence in the record that mortgagee complied with condition precedent.

The verified complaint was not based on personal knowledge necessary to meet the requirements under the Summary Judgment rule.  While a verified complaint may in fact support a MSJ, it must nonetheless be based on personal knowledge in compliance with the rules of evidence.


Tags: , ,