[ DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 1 9

- 14221

________________________ D.C. Docket No. 2:12

- cv - 00555

- ALB In re: MCINTYRE BUILDING COMPANY, INC., Debtor.

__________________________________________________________________ MCINTYRE LAND COMPANY, INC. , Plaintiff

- Appell ant , OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY , Intervenor

- Appell ant , versus BRANCH BANKING AND TRUST COMPANY, INC. , Defendant

- Appell ee .

________________________ Appeal s from the United States Distric t Court for the Middle District of Alabama

________________________ (February 9, 2021) USCA11 Case: 19-14221 Date Filed: 02/09/2021 Page: 1 of 42 Before GRANT, TJOFLAT , and ED CARNES , Circuit Judges

. PER CURIAM : This case arises out of an adversary proceeding in a bankruptcy case . McIntyre Land Company and Old Republic National Title Insurance Company
seek to establish that Old Republic owns a first priority mortgage on property known as Prattville Square and that BB&T , which is a successor in interest to the FDIC, has no mortgage o n that property

. BB&T, on the other hand, contends that
it does have a mortgage on Prattville Square with first priority

. Because t he parties , the district court, and th e bankruptcy court are familiar with the facts and procedural history of this case, wh ich are well detailed in the bankruptcy court ’s order , see Doc. 1

- 6 at 2

– 9, we need not recount them here

. It is enough to say that t he bankruptcy court , after finding the proceeding noncore, ruled that McIntyre Land could not enforce a purported collateral swap agreement
and , as a result, that BB&T has a first priority mortgage on the Prattville Square property

. And t he district court , after finding the proceeding core , affirmed

. We also affirm

. As for jurisdiction, w e a gree with the district court’s conclusion that the proceeding was a core one , for the reasons it explained

. See Doc. 45 at 19

– 23. Because the proceeding was core, the bankruptcy court had jurisdiction and , contrary to McIntyre Land’s assertion, the court was not required to abstain under 28 U.S.C. § 1334(c)( 2 ).

USCA11 Case: 19-14221 Date Filed: 02/09/2021 Page: 2 of 43 As for the merits, w e agree with the district court and the bankruptcy court that McIntyre Land cannot enforce the purported collateral swap agreement
because no representative of it signed that document ( or any other relevant one ) , as required by 12 U.S.C. § 1823(e)(1)(B). The bankruptcy court correctly concluded that there is no exception to § 1823(e) that free s McIntyre Land from that
subsection’s requirements

. See Doc. 1

- 6 at 18

– 24

. We reach the same bottom line that the district court and bankruptcy court did in their orders, and for the reasons stated in them, se e Doc. 45 at 24

– 25; Doc. 1

- 6 at 19

– 2 1 , with a few exceptions and a little explanation

. As ind icated , we disagree with the bankruptcy court that this is a non

- core proceeding and agree with the district court ’s reasoning about why it is a core proceeding. We have no occasion to decide whether the D’Oench common law doctrine applies, because we agr ee with both courts that the statutory version of it,
12 U.S.C. § 1823(e), does apply. Nor do we have any reason to address any of the issues the bankruptcy court and district court decided that have not been raised in this appeal. Finally, we reject McIntyre Land ’s contention that it was entitled to a jury trial

. Even assuming it properly invoked that right , t here was no genuine issue of
material fact for a jury to resolve because no representative of McIntyre Land sign ed any document that could satisfy § 1823(e)

.

USCA11 Case: 19-14221 Date Filed: 02/09/2021 Page: 3 of 44 AFFIRMED. USCA11 Case: 19-14221 Date Filed: 02/09/2021 Page: 4 of 4