Dialogue
The new Courtroom affirms the fresh case of bankruptcy courtroom because the the factual conclusions was not obviously erroneous and its own legal results try de- novo right. Point 1322(b)(2) will bring, into the relevant part, one a modified plan will get “modify the liberties from proprietors off protected states, aside from a state secure just by the a safety interest in real property that’s the debtor’s dominant home,” (stress added). Point “1322(b)(2) particularly forbids people amendment regarding good homestead mortgagee’s rights regarding the Part thirteen package. Because of the defense provided so you’re able to mortgagees by 1322(b)(2), the protected shelter desire isnt jeopardized even if the attention is undersecured because of the worth of the home.” Common Are Home loan Co. v. Bateman (When you look at the lso are Bateman), 331 F.3d 821 , 826 (11th Cir.2003). Hence, in the event the Appellants’ allege is secured from the a safety demand for genuine property including Appellees’ prominent house, which claim can not be modified as well as the safeguards action cannot be extinguished.
In order to prevent amendment, the following standards need to be satisfied: (1) the brand new collector should be a holder from a secured claim; (2) the new creditor’s claim have to be protected simply by a desire for houses; and (3) one real-estate should be the debtor’s dominating home.