Paddock, LLC v. Bennett (In re Bennett)
Paddock, LLC v. Bennett (In re Bennett)
Opinion of the Court
The Paddock, LLC appeals the bankruptcy court's
BACKGROUND
The Paddock is in the business of installing, renting and selling manufactured homes in a planned neighborhood that it owns. In 2003 the Bennetts rented a home previously installed by The Paddock at 222 Hackeny Court in Iowa City, Iowa. A few years later The Paddock financed the Bennetts' purchase of that home through an installment sale contract. At the same time the parties entered into a Ground Lease *17for the lot underneath the home. The combination of these two contracts require the Bennetts to make monthly payments to The Paddock for the purchase of the home as well as for a maintenance fee. Personal property taxes are paid by the Bennetts to the County Treasurer. The Paddock pays real estate taxes on the land where the home sits.
In 2016 the Bennetts filed a Chapter 13 bankruptcy petition. Their proposed plan treated The Paddock's claim as partially secured and partially unsecured as provided for under
STANDARD OF REVIEW
This appeal involves a mixed question of law (the bankruptcy court's application of Iowa law regarding fixtures) and fact (the bankruptcy court's fact findings regarding the property and the intent of the parties). As the United States Supreme Court recently observed, "Mixed questions are not all alike." U.S. Bank Nat. Ass'n v. Vill. at Lakeridge, LLC , --- U.S. ----,
DISCUSSION
In order for the anti-modification provision of 1322(b)(2) to apply, The Paddock's claim "must both be secured only by an interest 'in real property' and further, that the real property must be the 'debtor's principal residence' " In re Coleman,
Iowa common law recognizes that personal property may become a fixture and be considered real property. See Cornell Coll. v. Crain ,
Fixtures are a species of property which are the dividing line between real and personal property, and to decide which side of the line certain property belongs is often a vexatious question. When we compare a thing at the extremity of one class with a thing at the extremity of another the difference is obvious, but when we approach the point of division difficulty arises in discovering where the distinction should be drawn.
Ottumwa Woolen-Mill Co. v. Hawley,
At the hearing conducted by the bankruptcy court an employee of The Paddock's management company testified that any home installed in the community is placed on a full concrete foundation.
Under Iowa law
[e]mphasis has also been given to the manner in which the structure is attached to the soil, if at all. We said in O'Bryon v. Weatherly and other cases cited supra that the method of attachment *19is of little controlling importance, although, by force of gravity alone, if the structure is intended to be and is properly a part of the realty, it becomes such. Therefore a physical attachment of the structure to the soil or to an appurtenance thereto is not essential to make the structure a part of the realty. The method of attachment may, however, and, under some circumstances does, quite conclusively establish the intention.
Cornell Coll. ,
In further proof of its intent The Paddock points to language contained in the documents executed by the parties, specifically Section III of the Lease which states: "[t]he Land Owner and Resident agree that the Home shall be installed as a permanent improvement and fixture." The Bennetts argue that the documents are not dispositive of The Paddock's intent for a variety of reasons. The bankruptcy court agreed and enumerated a number of facts that support its conclusion that the parties did not intend to make the home a permanent accession to the real estate.
The installment sales contract provides that upon full payment of the purchase price a bill of sale (which is how personal property title is passed) will be issued to the Bennetts for the home. The Lease agreement states: "The Home and any other improvements covered under the Financing Documents may not be removed from the Home Site without the prior written permission of the Secured Lender," but that prohibition is limited. Once the secured loan is paid or refinanced, nothing in the documents prohibits removal of the home. Further, while the Paddock points to the length of the Lease as evidence of its intent to treat the manufactured home as a fixture of the underlying realty, it is clear that the Lease can be terminated on 60 days notice. Other than removal while money is owed to The Paddock, the documents contain no other restrictions that pose any impediments to removing the home from the community.
The Paddock argues that the bankruptcy court incorrectly relied upon In re Drahn in reaching a determination that a manufactured home is personal property because its taxes are characterized and assessed as such. Schnittjer v. Burke Constr. Co. (In re Drahn),
The Paddock also argues that the bankruptcy court's reliance on In re Coleman is inapposite because Iowa's common law contains no requirement that a manufactured home be installed on a permanent foundation or that it be placed on real estate owned by the manufactured home owner. In re Coleman,
CONCLUSION
Based upon our review the bankruptcy court's findings are not clearly erroneous and it properly applied the law. Accordingly, the bankruptcy court's order is AFFIRMED.
The Honorable Thad J. Collins, Chief Judge, United States Bankruptcy Court for the Northern District of Iowa.
After the evidentiary hearing, The Paddock asked the bankruptcy court to take judicial notice of a "Guide to Foundation and Support Systems for Manufactured Homes" ("Guide") from the United States Department of Housing and Urban Development Office of Policy Development and Research. The Bennetts filed a Motion to Strike which was denied. The record before us on appeal contains no information that would permit a conclusion that The Paddock met the requirements under Federal Rule of Evidence 201 to permit consideration of the documents; that the information somehow proves its intent; or that the Bennetts' home was placed on a permanent foundation. USCS Fed. Rules Evid. R. 201. This document was not offered or admitted as exhibit at the hearing; the bankruptcy court's ruling does not reference it; and the Guide was not designated as part of the record on appeal. For these reasons we do not consider the contents of that Guide for purposes of this appeal.
"A mobile home or manufactured home which is located outside a manufactured home community or mobile home park shall be converted to real estate by being placed on a permanent foundation and shall be assessed for real estate taxes."
"If a manufactured home is placed in a manufactured home community or a mobile home park, the home must be titled and is subject to the manufactured or mobile home square foot tax. If a manufactured home is placed outside a manufactured home community or a mobile home park, the home must be titled and is to be assessed and taxed as real estate."
Reference
- Full Case Name
- IN RE: Benjamin and Teresia BENNETT, Debtors. The Paddock, LLC, Creditor-Appellant v. Benjamin M. Bennett, Debtor-Appellee Teresia R. Bennett, Debtor-Appellee
- Cited By
- 2 cases
- Status
- Published