Creditor objected to cram-down of mobile home and land under §1322(b)(2). The Debtors contended that §1322(b)(2) did not apply since the mobile home still had its wheels, axles, and hitch attached and never had its DMV Certificate of Title cancelled.
The Court turned to N.C. Gen. Stat. § 105- 273 (13) (d) to determine if the mobile home was real or personal property, finding the pertinent requirements to be all of the following:
1. It is a residential structure.
2. It has the moving hitch, wheels, and axles removed.
3.
Husband and Wife Debtors were guarantors of a business loan and pledged Deeds of Trust as collateral securing the loans.
The Debtors filed Chapter 7 and asserted that by requiring the Wife ot join in the guaranty, the Creditor had violated the Equal Credit Opportunity Act ("ECOA") and the Deed of Trust should be void.
Creditor brought a Motion to dismiss arguing that:
1. The Debtors did not have standing under ECOA since as guarantors, they ere not "applicants" under the statute.