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The new Judge affirms the newest case of bankruptcy court just like the the factual results was maybe not demonstrably erroneous and its particular court results are de novo correct. Part 1322(b)(2) provides, when you look at the appropriate part, one to a customized package will get “customize the legal rights from owners from shielded claims, except that a declare shielded merely by a security demand for property that is the debtor’s dominating quarters,” (emphasis additional). Section “1322(b)(2) especially prohibits people modification off a beneficial homestead mortgagee’s rights from the Part 13 bundle. Of the safeguards provided so you’re able to mortgagees by 1322(b)(2), this new protected safety interest isnt compromised even if the desire are undersecured from the property value the home.” Universal Am Home loan Co. v. Bateman (In re Bateman), 331 F.three dimensional 821 , 826 (11th Cir.2003). Hence, when the Appellants’ claim try secured by a protection interest in actual property including Appellees’ principal residence, that claim can not be changed additionally the defense action can not be extinguished.
In order to avoid amendment, the next requirements should be met: (1) the brand new collector must be a holder off a protected allege; (2) the latest creditor’s claim must be protected just of the a desire for real estate; and (3) you to definitely real-estate ought to be the debtor’s principal quarters. Pick 11 U.S.C. 1322 (b)(2). Its undisputed you to Appellee keeps a safety action since the real estate where Appellants’ cellular home sleeps. (Discover, e.grams., Tr.5:14-twenty two.) It is quite undeniable one Appellants’ mobile home enjoys offered due to the fact Appellants’ dominating quarters once the . (Come across, age.grams., id. Continue reading
