Eigen v. Federal Deposit Insurance Corp.

SCHOONOVER, Judge.

Appellant, David G. Eigen, appeals from a final summary judgment foreclosing a mortgage on real estate located in Pinellas County, Florida. We reverse.

Park Bank of Florida instituted proceedings in the trial court by filing a mortgage foreclosure action against Eigen. The bank’s original complaint alleged the existence of the instruments sued upon, and copies of those instruments were attached to the complaint. Before Eigen filed any responsive pleadings, the bank filed an amended complaint, which, except for allegations concerning accrued interest, was substantially the…