HHP-Brentwood, L.L.C. v. Aurora Loan Services, LLC (In re Surti)

Memorandum

KEITH M. LUNDIN, Bankruptcy Judge.

On cross-motions for summary judgment, the issue is whether a Deed of Trust on tenancy by the entirety property that was initialed on each page and signed by both spouses as “Borrower” encumbers the entirety estate when one spouse is defined as a “Borrower” who signed the Note and the other spouse is a “Borrower ... ‘co-signer’ ” who did not sign the Note. The Deed of Trust encumbers the entirety estate. Defendant’s motion for summary judgment is granted; Plaintiffs motion for summary judgment is denied. The following are findings of fact and…