II. The intention of the fresh new Parties
“This is the intent of the activities vested that have control and employing this new chattel as annexed on if this new chattel is always to getting a permanent an element of the realty which is the number 1 decide to try in deciding when it will get a fixture.” Manderson & Assocs., Inc., 193 Ga.Application. within 734, 389 S.Age.2d in the 260 (interior estimate scratches omitted). The newest bankruptcy legal learned that and their very first money into the Appellee’s financing, Appellants included percentage on insurance premiums to your cellular home. That it facts supports the newest case of bankruptcy court’s conclusion that functions intended the latest mobile the home of be part of the actual possessions secured from the Appellee’s safeguards deed. (Tr. 61:3-a dozen.) In addition, during the time Appellants lent funds from Taylor Bean, they had no aim of swinging the mobile household from the realty. *925 (Come across, e.g., id. from the -19.) At exactly the same time, Appellants’ unique Part thirteen package provided that verification perform extinguish the fresh second lien on their home which had been stored from the Financial regarding Danielsville, and so showing one to Appellant realized you to definitely Appellee had a primary top priority mortgage towards Appellants’ mobile family. Continue reading