First National City Bank ex rel. First Federal Savings & Loan Ass'n v. Burton M. Saks Construction Corp.

*501MEMORANDUM OPINION AND ORDER ATTACHED

This matter is before the Court on the motion of the plaintiff First National City Bank, acting in behalf of and as servicer for First Federal Savings and Loan Association of Orlando, Florida, to strike the defendants’ affirmative defenses and for summary judgment in this action for debt and foreclosure of a mortgage. On October 1, 1970 defendants Burton M. Saks Construction Corp., Burton M. Saks and Ruth Saks executed and delivered to First National City Bank a promissory note in the face amount of $31,700.00, purportedly bearing interest at the annual…