Fort Wayne Mortgage Co. v. Carletos

Defendant Carlos Carletos (hereinafter defendant) appeals as of right from the trial court’s order granting plaintiff’s motion for summary judgment, which dismissed defendant’s counterclaim alleging malicious prosecution.

The record indicates money was loaned by plaintiff for several construction projects being undertaken by various construction companies controlled by defendant. The loans were insured by the Federal Housing Administration (FHA). In order to have the money distributed as needed, Carletos would obtain a "construction draw” by submitting a "draw request form”, FHA form 2403.…