Coolidge E. Equities v. Babcock

In Coolidge E. Equities v. Babcock, (283 AD2d 968 [4th Dept 2001]) two co-owners of real property signed a mortgage in 1988 to secure a certain debt. One of the mortgagors signed a subsequent note in 1992 memorializing a separate and distinct debt. The creditor in Babcock argued that the 1988 mortgage contained an alleged "dragnet" clause, which made the mortgage also applicable to future advances, and thereby functioned to secure repayment of the 1992 note. The Appellate Court determined, however, that the language used in the dragnet clause in the 1988 mortgage was insufficient to secure debt evidenced by the 1992 note signed by only one of the mortgagors.