A beneficial. 8-2-181 turned into active into the , while Taylor Bean produced the borrowed funds inside the
Because date of your mortgage ‘s the vital date from inside the deciding if or not Appellee-claim are protected by 1322(b)(2), select Jackson, 2005 WL 1563529 , on *4, this new Judge finds out you to definitely O
Furthermore, when you look at the choosing if or not Appellants’ mobile residence is actual otherwise personal property, the new Legal must consider applicable state law, that this case are Georgia laws. Find Burner v. You, 440 You.S. forty-eight , 5.5, 99 S.Ct. 914 , 59 L.Ed.2d 136 (1979) (“Property hobbies are available and defined by county laws”) come across plus Kennedy v. Lane Delicacies, Inc. (Inside the re also Kennedy), 192 B.R. 282 , 287 (Bankr. Meters.D.Ga 1996).
Appellants compete one to O.C.Grams.A beneficial. 8-2-181. that has been enacted by Georgia Legislature into the 2003, overrules Into the re Washington. Its undisputed you to definitely Appellants failed to file a certification away from Permanent Place in cases like this. (Discover Tr. -30:4.) However, O.C.G. C.Grams.A great. 8-2-181 is not appropriate in such a case.
Appellants participate you to definitely a mobile house is customized and you may designed to flow and therefore, by the definition, do not be a part of the root realty. (Look for Br. Continua a leggere