At that time Taylor Bean generated the borrowed funds, Appellants’ mobile household got set up towards the acres and you can Appellants had no goal of moving the fresh cellular household in the property. (Id. from the -19.) The new tires and you will axles connected to the halves of mobile family was basically got rid of whenever Appellants went new cellular home on the assets. (Id, within 41:8-9.) Also, brand new tongues have been got rid of. (Id. during the 27:6-seven.) Appellants dependent a great septic program and a water better, and you may after Taylor Bean generated the borrowed funds, Appellants built a good mortared cinderblock base around all four sides out-of their home. (Id. at the 37:7-38:9.) Appellants in addition to strung outside air conditioners (id. in the 42:8-9), also electricity service, (id. at the -25).
II. Bankruptcy proceeding Proceedings
(Tr. 5:23-twenty-five.) In the course of the new processing, Bobby was compelled to Appellee for a financial loan secured because of the Appellants’ acres and you may improvements, and Appellants have been as one compelled to the bank out-of Danielsville to have financing shielded because of the Appellants’ mobile house and you may an automible and you may pickup truck belonging to Bobby. Into , Appellee registered its secured evidence of allege to the case of bankruptcy judge regarding amount of $104,, representing the main and pre-petition arrearage due of the Appellants.
Appellants’ earliest recommended bundle given, in the relevant you to, you to “[verification regarding the bundle commonly extinguish the following lien for the [Appellants’] quarters kept of the [the lending company off Danielsville] as a result of the shortage of worth to support the newest claimed lien
Appellants served and you can submitted the first suggested Section thirteen plan, and that open to beat the latest arrearage owed to their obligation by the and then make repayments through their Section thirteen bundle. Normal article-petition, monthly installments for the obligations was to be produced so you’re able to Appellee privately. (Id. in the six:1-5.) Appellants proceeded for several weeks following the their processing making their normal, post-petition, monthly premiums straight to Appellee. ” (Section thirteen Plan, .) Appellee didn’t target in order to Appellants’ basic advised bundle.
On , Appellants offered find of proposed amendment of their Section thirteen bundle ahead of verification. (Come across Ex lover. P-3 in order to Tr., Find from Mot. for Modification from Plan Before Verification.) On suggested altered package, Appellants sought for in order to bifurcate Appellee’s claim within secured and you may unsecured section. (Come across Ex. P-seven to Tr., Chapter thirteen Bundle, [hereinafter Modified Section thirteen Plan].) Under the Altered Chapter 13 Bundle, Appellants were to spend Appellee the safeguarded amount. The brand new unsecured percentage of Appellee’s allege would be to be distributed pro rata with the rest of Appellants’ unsecured creditors. Appellants’ Modified Section thirteen Plan delivered to a complete payment off the obligation owed by the Appellants with the Bank regarding Danielsville and you can covered by the its cellular family, and the car plus the pickup truck belonging to Bobby. Appellants’ Modified Chapter 13 Package failed to render you to definitely Appellee’s safeguards deed are *922 becoming met or extinguished through to the culmination of package repayments. (Id.) Appellee failed to target so you’re able to Appellants’ Modified Section thirteen Package.
Into , brand new personal bankruptcy judge registered your order confirming Appellants’ Altered Part thirteen Package. (Ex. P-six so you can Tr., Order Verifying Plan.) Costs underneath the Part thirteen plan were done by Appellants in the 2005. (Tr. 7:1-dos.) On , the bank from Danielsville put-out the defense need for Appellants’ cellular family together with most other security securing the debt. Towards , the newest case of bankruptcy legal joined your order giving Appellants’ Part thirteen release. A last https://paydayloansconnecticut.com/topstone/ decree has also been joined, closing Appellants’ Part 13 circumstances. Pursuing the acknowledgment of their release, Appellants produced several demands from Appellee so it mark their cover action into Appellants’ real property found. not, Appellee rejected. (Id. on 7:3-8.) Appellants’ Part thirteen circumstances is reopened by the purchase of case of bankruptcy legal into , Appellants filed a challenger continuing in the case of bankruptcy courtroom. (Id. during the eight:8.)