At the time Taylor Bean produced the mortgage, Appellants’ mobile home ended up being setup on acres and you may Appellants had no aim of moving the new mobile family from the house. (Id. at the -19.) The latest tires and you can axles connected to the halves of mobile family had been removed whenever Appellants moved the fresh new mobile family onto the possessions. (Id, on 41:8-nine.) Furthermore, the tongues have been eliminated. (Id. on 27:6-7.) Appellants centered a beneficial septic program and a liquids really, and you may immediately after Taylor Bean made the borrowed funds, Appellants constructed a beneficial mortared cinderblock basis up to all corners from their home. (Id. from the 37:7-38:9.) Appellants and hung outside air conditioners (id. at the 42:8-9), and electrical provider, (id. at -25).
II. Case of bankruptcy Proceedings
(Tr. 5:23-25.) During this new submitting, Bobby try obligated to Appellee for a loan secure by Appellants’ miles and you will improvements, and you may Appellants have been jointly obligated to the bank out of Danielsville having financing protected from the Appellants’ cellular family and you can a motor vehicle and you may pickup truck owned by Bobby. With the , Appellee filed their secured evidence of allege towards bankruptcy proceeding judge in the number of $104,, symbolizing the principal and you may pre-petition arrearage owed of the Appellants.
Appellants’ very first advised plan given, into the appropriate one to, that “[verification of the plan will extinguish another lien to your [Appellants’] quarters held by [the lending company out of Danielsville] considering the diminished worth to help with the new stated lien
Appellants supported and you will recorded its very first suggested Part 13 bundle, hence accessible to clean out this new arrearage owed on their duty from the while making money owing to their Chapter 13 bundle. Typical post-petition, monthly obligations with the obligation was to be made to Appellee directly. (Id. during the 6:1-5.) Appellants went on for a couple days pursuing the the processing while making its regular, post-petition, monthly installments directly to Appellee. ” (Chapter thirteen Plan, .) Appellee did not object to help you Appellants’ first advised plan.
Into the , Appellants gave see of one’s recommended modification of its Part 13 bundle ahead of verification. (Find Ex lover. P-step 3 in order to Tr., Find regarding Mot. to possess Modification out-of Package Ahead of Confirmation.) About suggested modified plan, Appellants desired so you’re able to bifurcate Appellee’s claim between the protected and payday loans New Mexico you may unsecured portion. (Select Ex lover. P-7 to help you Tr., Chapter thirteen Plan, [hereinafter Modified Part 13 Bundle].) According to the Changed Part thirteen Bundle, Appellants would be to spend Appellee its protected count. The fresh unsecured percentage of Appellee’s allege was to be distributed expert rata the remainder of Appellants’ unsecured financial institutions. Appellants’ Modified Section 13 Bundle delivered to a full fee from the duty owed of the Appellants for the Lender out-of Danielsville and you will secure because of the their cellular house, and vehicles while the pick up truck owned by Bobby. Appellants’ Changed Section 13 Package did not give you to Appellee’s shelter deed was *922 is satisfied or extinguished up on the conclusion out of package money. (Id.) Appellee didn’t object so you’re able to Appellants’ Changed Section thirteen Package.
On , the latest case of bankruptcy legal registered your order confirming Appellants’ Modified Part thirteen Bundle. (Ex lover. P-6 so you’re able to Tr., Acquisition Verifying Plan.) Payments according to the Part thirteen plan were completed from the Appellants inside the 2005. (Tr. 7:1-2.) Into the , the financial institution regarding Danielsville put out its coverage need for Appellants’ cellular home plus the other security protecting their loans. With the , the fresh bankruptcy court entered an order giving Appellants’ Chapter thirteen release. A last decree has also been joined, closure Appellants’ Section 13 instance. Pursuing the receipt of the launch, Appellants made numerous needs from Appellee that it mark the defense deed on Appellants’ houses fulfilled. But not, Appellee rejected. (Id. on seven:3-8.) Appellants’ Section 13 case try reopened by buy of your own case of bankruptcy court towards , Appellants registered an opponent continuing on the case of bankruptcy judge. (Id. on eight:8.)