II. The purpose of the fresh new Parties

“Simple loan places Terramuggus fact is that intention of people vested with control and the usage of the fresh chattel to get annexed as to whether or not the chattel will be to become a permanent the main realty the top attempt inside determining whether it becomes a fixture.” Manderson & Assocs., Inc., 193 Ga.Software. on 734, 389 S.Elizabeth.2d on 260 (internal quotation scratching omitted). Brand new bankruptcy judge unearthed that employing 1st money into Appellee’s mortgage, Appellants included percentage to the insurance premiums into mobile household. So it facts supporting the newest bankruptcy court’s end that the functions implied the brand new cellular home to engage in the real assets shielded by Appellee’s shelter action. (Tr. 61:3-twelve.) In addition, at that time Appellants lent money from Taylor Bean, they’d no goal of swinging their cellular house out of their realty. *925 (Come across, elizabeth.g., id. within -19.) Concurrently, Appellants’ fresh Chapter thirteen plan so long as verification manage extinguish the newest second lien on their quarters which had been stored of the Financial off Danielsville, and thus indicating that Appellant knew one Appellee got a primary consideration mortgage into Appellants’ mobile house. Thus, the newest Legal finds out your case of bankruptcy legal don’t certainly err in finding that the events in such a case implied the fresh cellular the place to find indulge in the newest realty.

Fundamentally, the fresh bankruptcy proceeding court learned that there can be good unity of title between your ownership of your own residential property together with cellular house. Appellants bought the brand new mobile household from inside the , Taylor Bean made the loan so you can Bobby and he done a security deed pledging the fresh new realty because coverage to possess his duty. Thus, Bobby had a possession demand for both the realty and the mobile household during the time the fresh cellular family became an associate of root realty. Appropriately, the Court finds the case of bankruptcy courtroom don’t obviously err finding that there is actually unity out of label involving the cellular family and fundamental realty at that time the new personalty presumably turned into a part of the new realty.

In accordance with the foregoing, the newest Judge finds that case of bankruptcy judge failed to err from inside the finishing you to Appellants’ mobile domestic was a portion of the houses having purposes of 1322(b)(2). Consequently, Appellee’s shielded claim cannot become modified or extinguished in the place of the agree.

Completion

The latest case of bankruptcy legal don’t err to locate one Appellants’ mobile house try a fixture abreast of the realty to be able to be part of the root realty for reason for 1322(b)(2). Thus, Appellee’s claim cannot end up being changed or extinguished from the Appellants’ bankruptcy. Look for McCorkle v. Scott (Into the lso are Scott), 295 B.R. 686 , 688 (Bankr.Yards.D.Ga.2003) (discovering that creditor’s safeguarded allege live debtors’ confirmed package and you will debtors’ discharge). Consequently, the fresh Courtroom affirms the newest personal bankruptcy court’s order.

Cards

Even though the Bank regarding Danielsville happens to be known as the Century Southern area Lender from Danielsville (Tr. 19:9-11), this new Judge often refer to the lending company because “Lender regarding Danielsville” inside Order.

Enacted from the Georgia Legislature during the 2003, O.C.G.An excellent. 8-2-181(b) provides, inside appropriate area, you to a mobile household will feel houses when the:

(1) Your house is or is to get permanently connected to your genuine property plus one or more persons with a control need for the home likewise has a possession demand for such real-estate;, and you will

(2) The master of our home therefore the people of the many shelter appeal therein do and you can file a certificate out of Long lasting Place:

The Legal cards one to Appellant Wendy Williamson (“Wendy”) wasn’t good signatory on safety action supplied by Taylor Bean.