Glinka v. Federal Deposit Insurance Co. (In Re Hawkins)

FRANCIS G. CONRAD, Bankruptcy Judge.

Trustee brought 1 this adversary proceeding to determine whether FDIC’s claim against Paul Hawkins (“Debtor”) is secured. Trustee argues that FDIC is unsecured because the note on which its claim is based, purportedly secured under a future advances clause in a prior mortgage, is signed only by Debtor, while the mortgage was originally executed by Debtor and his former spouse as husband and wife. The parties’ cross-motions for summary judgment are now before us.

We grant FDIC’s motion for summary judgment, holding that Debtor is a successor in interest to…