At that time Taylor Bean generated the borrowed funds, Appellants’ cellular household had been setup into miles and you will Appellants had no aim of swinging the mobile family regarding the land. (Id. at -19.) The fresh wheels and you will axles linked to the halves of mobile household were got rid of whenever Appellants gone the fresh new cellular family onto the property. (Id, within 41:8-9.) Additionally, this new tongues was in fact removed. (Id. within twenty-seven:6-7.) Appellants built a good septic system and you may a h2o really, and you may just after Taylor Bean produced the loan, Appellants developed a good mortared cinderblock base around all four corners away from their property. (Id. at the 37:7-38:9.) Appellants also strung external ac units (id. from the 42:8-9), together with electric solution, (id. at the -25).

II. Bankruptcy proceeding Legal proceeding

(Tr. 5:23-twenty five.) During the fresh new filing, Bobby is compelled to Appellee for a financial loan shielded of the Appellants’ acres and you can advancements, and you can Appellants was in fact as you forced to the bank out-of Danielsville to own financing safeguarded by Appellants’ cellular home and you will an automible and you will pickup owned by Bobby. With the , Appellee registered its secured proof allege towards personal bankruptcy court from the amount of $104,, symbolizing the primary and you can pre-petition arrearage due of the Appellants.

Appellants’ first suggested plan considering, during the appropriate you to, one to “[verification in the bundle have a tendency to extinguish the second lien to the [Appellants’] home stored by the [the bank away from Danielsville] as a result of the diminished really worth to help with this new reported lien

Appellants supported and you may registered their earliest recommended Section 13 bundle, which accessible to cure the fresh new arrearage owed on their loan places Pritchett duty by while making costs using the Chapter 13 plan. Regular article-petition, monthly obligations towards the obligations was to be produced so you’re able to Appellee myself. (Id. at the six:1-5.) Appellants proceeded for some weeks pursuing the the filing and then make their typical, post-petition, monthly obligations right to Appellee. ” (Part thirteen Package, .) Appellee did not object so you’re able to Appellants’ first suggested plan.

Towards , Appellants offered observe of your suggested modification of their Section 13 plan in advance of verification. (See Ex. P-step 3 so you can Tr., Observe out-of Mot. for Amendment of Plan Before Confirmation.) From the proposed modified plan, Appellants needed so you can bifurcate Appellee’s claim amongst the secure and you can unsecured piece. (See Ex. P-seven in order to Tr., Part thirteen Package, [hereinafter Altered Part 13 Plan].) Underneath the Modified Chapter 13 Bundle, Appellants was to shell out Appellee their safeguarded matter. The new unsecured portion of Appellee’s claim was to be paid specialist rata with the rest of Appellants’ unsecured loan providers. Appellants’ Altered Section 13 Bundle provided for the full fee off the responsibility due of the Appellants into the Financial away from Danielsville and you can shielded from the the cellular family, in addition to vehicle additionally the pickup owned by Bobby. Appellants’ Changed Section thirteen Bundle did not bring one Appellee’s shelter deed are *922 as came across otherwise extinguished abreast of the completion regarding plan costs. (Id.) Appellee did not target so you can Appellants’ Modified Part 13 Package.

Towards , the brand new bankruptcy courtroom joined your order guaranteeing Appellants’ Changed Part 13 Package. (Ex. P-6 so you’re able to Tr., Order Confirming Package.) Repayments within the Part thirteen bundle was basically completed by Appellants within the 2005. (Tr. 7:1-2.) Into the , the financial institution of Danielsville create the defense demand for Appellants’ cellular home and almost every other guarantee securing their debt. To the , the fresh bankruptcy legal joined your order giving Appellants’ Chapter thirteen release. A last decree was also entered, closing Appellants’ Section thirteen situation. Following the receipt of its discharge, Appellants produced several needs away from Appellee this draw its coverage deed towards the Appellants’ real-estate fulfilled. not, Appellee refused. (Id. from the 7:3-8.) Appellants’ Part thirteen circumstances was reopened of the buy of one’s case of bankruptcy courtroom on the , Appellants filed an opponent continuing in the case of bankruptcy legal. (Id. from the eight:8.)