What is an affidavit of indebtedness?
An affidavit of indebtedness is a sworn statement by a mortgage servicer declaring the principal balance, interest, fees, and other amounts allegedly owed on a mortgage loan at a specific date.
In Florida foreclosure cases, an affidavit of indebtedness is a sworn declaration filed by the servicer or lender to establish the exact amount owed at the time the lawsuit is filed. It typically accompanies a motion for summary judgment and sets out the principal balance, accrued interest, late fees, property taxes, insurance, homeowners association dues, and other charges claimed against the borrower's account.
The critical issue surrounding these affidavits is the personal-knowledge requirement. Under Florida law and federal standards, the person signing the affidavit must have personal knowledge of the facts stated, or the court may disregard it as hearsay. A servicer employee cannot simply rely on computer records or reports generated by another department. They must either personally verify the calculations and amounts, or qualify their testimony to explain how they obtained reliable knowledge of the account information. Courts have increasingly scrutinized affidavits that lack this foundation, particularly when the affiant has minimal involvement with the actual loan file.
Defects in an affidavit of indebtedness can be grounds to challenge summary judgment or undermine the plaintiff's case. Borrowers facing foreclosure should have any such affidavit carefully reviewed to identify whether the affiant possessed genuine personal knowledge and whether the claimed amounts are accurate and properly documented. Attorneys experienced in foreclosure defense litigation examine these documents for procedural and substantive weaknesses.