• Foreclosure: unauthenticated default letter was not evidence and could not overcome borrower’s allegation that lender failed to satisfy default notice requirement in mortgage before filing foreclosure, leaving genuine issue of material fact preventing summary judgment -- DiSalvo III v SunTrust Mortgage, Inc., Case No. 2D11-2707 (Fla. 2d DCA June 19, 2013) (summary judgment reversed)
  • Foreclosure: portion of final judgment that reformed mortgage to add legal description was improper because motion for summary judgment did not raise reformation and nonmoving parties were not given notice of the issues of fact or law which were to be argued at the hearing -- Willis v Bank of New York Mellon, Case No. 4D12-894 (Fla. 4th DCA June 19, 2013) (affirmed in part, reversed in part and remanded)
  • Summary Judgment: verified complaint may be used as evidence in support of summary judgment only if it complies with Florida Rule of Civil Procedure 1.510(e), which requires the information be based on personal knowledge and “show affirmatively that the affiant is competent to testify to the matters stated therein”; complaint based on information and belief, and not personal knowledge, is insufficient -- Lingren v Deutsche Bank National Trust Co., Case No. 4D12-2568 (Fla. 4th DCA June 19, 2013) (reversed and remanded)
  • Res Judicata: doctrine of res judicata barred trial court from considering borrower’s second motion to vacate final judgment of foreclosure because grounds raised in second motion were or could have been raised in first motion -- Virgo v National City Mortgage Co., Case No. 4D11-4733 (June 19, 2013) (affirmed)