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BARCLAYS INVESTMENTS v. ST. CROIX ESTATES

No. 04-2111.

399 F.3d 570 (2005)

BARCLAYS INVESTMENTS, INC. as successor of Consolidated Realty Corp. v. ST. CROIX ESTATES v. Bruce J. Wrobel, Intervenor Bruce J. Wrobel v. Florida Raffles, Inc., F.D.R. Holdings, Inc., George W. Heaton, Richard F. Mazur, St. Croix Estates, Inc., Barclays Investments, Inc., as successor of Consolidated Realty Corp. Barclays Investments, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed March 1, 2005.

Attorney(s) appearing for the Case

Edward L. Barry (argued), Donovan M. Hamm, Jr., Hamm & Barry, Christiansted, St. Croix, U.S. Virgin Islands, for Appellant.

Warren B. Cole (argued), Hunter, Colianni, Cole & Bennett, Christiansted, St. Croix, U.S. Virgin Islands, for Appellee.

Before SLOVITER, FUENTES, and GREENBERG, Circuit Judges.

GREENBERG, Circuit Judge.

This dispute concerns whether a mortgage on a property located on St. Croix in the Virgin Islands secures a note made after the mortgage was satisfied. While this appeal's factual and procedural background is quite intricate, its central legal issue is straightforward: Did the district court properly classify the mortgage as a future advance mortgage? We hold that the record cannot support the district court's legal classification and therefore...

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