During the time Taylor Bean made the mortgage, Appellants’ mobile house got arranged towards acres and you may Appellants had no intention of moving the newest cellular house on the homes. (Id. on -19.) The brand new rims and you may axles connected to the halves of the cellular domestic was indeed removed when Appellants gone the brand new cellular home onto the possessions. (Id, in the 41:8-9.) Additionally, brand new tongues was in fact removed. (Id. in the twenty seven:6-eight.) Appellants centered a septic system and you will a water well, and you may immediately following Taylor Bean produced the borrowed funds, Appellants created a beneficial mortared cinderblock foundation as much as all sides of their residence. (Id. at the 37:7-38:9.) Appellants together with hung additional ac units (id. in the 42:8-9), including electronic provider, (id. at -25).
II. Bankruptcy Proceedings
(Tr. 5:23-25.) During the fresh filing, Bobby is actually forced to Appellee for a financial loan protected because of the Appellants’ acres and you can advancements, and you can Appellants was basically jointly forced to the bank regarding Danielsville to have a loan safeguarded by the Appellants’ mobile family and you can a motor vehicle and pick up truck belonging to Bobby. Into , Appellee filed its safeguarded proof of claim towards case of bankruptcy court from the number of $104,, representing the principal and you may pre-petition arrearage due because of the Appellants.
Appellants’ basic advised package provided, in pertinent one, one to “[confirmation from the bundle usually extinguish the next lien for the [Appellants’] household stored because of the [the lending company off Danielsville] due to the decreased worth to support this new stated lien
Appellants offered and submitted their first advised Section 13 plan, and that accessible to reduce new arrearage due on their responsibility by and then make repayments using the Section thirteen plan. Normal blog post-petition, monthly payments towards the obligation were to be manufactured so you’re able to Appellee privately. (Id. on 6:1-5.) Appellants proceeded for some days pursuing the its processing to make its typical, post-petition, monthly premiums directly to Appellee. ” (Section thirteen Bundle, .) Appellee didn’t object to help you Appellants’ first suggested bundle.
Toward , Appellants provided observe of the advised modification of their Section thirteen package in advance of verification. (Select Ex. P-step 3 so you’re able to Tr., Find regarding Mot. to own Modification off Bundle Prior to Verification.) In the suggested altered package, Appellants needed to bifurcate Appellee’s allege amongst the secure and you will unsecured bit. (Select Ex. P-7 so you can Tr., Section 13 Plan, [hereinafter Changed Section thirteen Bundle].) Within the Altered Section 13 Bundle, Appellants would be to shell out Appellee their secured number. The unsecured percentage of Appellee’s allege were to be paid professional rata the rest of Appellants’ unsecured loan providers. Appellants’ Altered Chapter thirteen Bundle sent to a complete fee away from the duty due from the Appellants towards the Financial away from Danielsville and you will shielded from the the cellular family, together with vehicle and the pickup truck owned by Bobby. Appellants’ Altered Chapter thirteen Package failed to render you to Appellee’s safety deed are *922 getting satisfied or extinguished abreast of the completion regarding package money. (Id.) Appellee failed to object so you’re able to Appellants’ Modified Section 13 Bundle.
To the , the fresh bankruptcy judge joined your order confirming Appellants’ Altered Part thirteen Package. (Ex lover. P-6 so you’re able to Tr., Buy Confirming Bundle.) Money in Part 13 package was basically complete from the Appellants from inside the 2005. (Tr. 7:1-dos.) To your , the bank regarding Danielsville released the safety interest in Appellants’ cellular domestic in addition to almost every other collateral protecting its financial obligation. For the , Cortez loan places the fresh new bankruptcy proceeding courtroom registered an order granting Appellants’ Part 13 discharge. A final decree was also inserted, closing Appellants’ Part 13 case. Following acknowledgment of the release, Appellants made several needs out-of Appellee which mark the defense deed on the Appellants’ real-estate came across. However, Appellee denied. (Id. in the seven:3-8.) Appellants’ Chapter thirteen circumstances is actually reopened by the acquisition of bankruptcy court towards the , Appellants recorded an opponent continuing throughout the case of bankruptcy judge. (Id. from the seven:8.)