In re Prewitt

552 B.R. 790, 2015 WL 8306422
CourtUnited States Bankruptcy Court, E.D. Texas
DecidedDecember 8, 2015
DocketCase No. 15-60222
StatusPublished
Cited by5 cases

This text of 552 B.R. 790 (In re Prewitt) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Prewitt, 552 B.R. 790, 2015 WL 8306422 (Tex. 2015).

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

THE HONORABLE BILL PARKER, UNITED STATES BANKRUPTCY JUDGE

This Court has heard and considered the First Amended Motion for Valuation filed by 21st Mortgage Corporation (the “Lender”) pursuant to 11 U.S.C. § 506 and Fed. R. Bankr. P. 3012, and the objection thereto filed by the Debtor, Bobby Dean Prew-itt (the “Debtor”), in the above-referenced bankruptcy case. Based upon the Court’s consideration of the pleadings, the evidence admitted at the hearing, including all stipulations of the parties, and the argument of counsel, the Court issues the following findings of fact and conclusions of law pursuant to Fed. R. Civ. P. 52, as incorporated into contested matters in bankruptcy cases by Fed. R. Bankr. P. 7052 and 9014.1

FINDINGS OF FACT

1. The Debtor became indebted to the Lender pursuant to a promissory note originally executed to a predecessor-in-interest of the Lender on June 29, 2001.2

2. The indebtedness is secured by a purchase-money security interest in a 2001 Palm Harbor “Country Place” 18’ x 76’ three-bedroom, two-bath, single-wide manufactured home (the “Collateral”). .

3. In part to address an arrearage which had arisen under the Debtor’s contract with the Lender, the Debtor filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code on April 8, 2015.

4. The Lender filed a proof of claim on May 13, 2015, asserting a secured val[792]*792ue of $31,752,75.3

5. A Chapter 13 plan was confirmed for •the Debtor on July 22, 2015, with a final valuation assessment regarding the manufactured home reserved for future determination through various alternatives, including any contested matter “resolving a party’s separate motion to value the particular collated al pursuatit to 11 USC (sic) 506' and Bankruptcy Rule 3012.”4

6. After having filed an original motion for valuation on June 1, 2015, the Lender filed the current amended motion for valuation on July 23, 2015, seeking to establish a valuation of the collateralized manufactured home in an amount “at least $24,104.00.”5

7. The Debtor subsequently filed an objection to that asserted value.6 The value of the collateralized manufactured home is the sole issue presented to the Court.

8. The Debtor and the Lender stipulated that the Lender is the current owner and holder of the promissory note obligation owed by the Debtor and that the Lender holds a properly-perfected purchase money security interest in the Collateral.

Lender’s valuation testimony

9. The Lender offered appraisal testimony of two witnesses in support of its collateral valuation of $24,104.00.

10. Mr. Hugh Harvey inspected the Collateral on June 8, 2015. He characterized the condition of the Collateral as “fair.” He acknowledged that . there was no structural damage to the Collateral and observed that the only problems were cosmetic in nar ture.

11. After inspection of the Collateral, Mr. • Harvey prepared a written appraisal report utilizing a NADA-developed format known as the National Appraisal System (“NAS”).7

12. As a result, Mr. Harvey’s report follows the perfunctory procedures imposed by the NAS format.

13. Mr. Harvey adjudged the home to be in “fair” condition8 and increased the value by 3% pursuant to the current location adjustment for units located within the state of Texas. He made no condition adjustment and reached a Total Adjusted Value of $17,-431.56 — which he rounded to $17,400.00.

14. From there, he made a downward adjustment of $1,050.00 to that base retail value for “cost of repairs”— those costs arising from the need to [793]*793make actual repairs to the Collateral and not merely to correct appearance depreciation. His deduction was primarily attributable to one window needing repair.

15. Mr. Harvey made an upward adjustment of $3,005.00 for “components”— which were primarily derived from depreciated values attributable to carpeting, bathroom fixtures, upgraded kitchen appliances, a washer/dryer system, and an upgraded heating unit.9

16. He also added $846.00 for a depreciated “accessory”10 to the home — a 3.5-ton air conditioning system.

17. Mr. Harvey made no analysis based upon comparable sales.

18. Based upon his calculation of all of those component values, Mr. Harvey appraised the estimated market value of the Debtor’s manufactured home at $20,200.00.

19. In addition to that asserted value of the used home and its value-adjusted optional equipment, Mr. Harvey included an additional assessment of $3,904.00 for “delivery and setup of a replacement home” which the Lender claims is necessary to complete the determination of replacement value of a manufactured home.

20. Such an upward adjustment is not contemplated by the National Appraisal System.

21. This additional upcharge consisted of: (1) an estimated delivery and setup charge of $1,800.00; (2) an $850.00 charge to connect utilities; (3) an $854.00 charge for underpinning installation; and (4) a $400.00 charge to attach the porch and/or steps.11

22. Mr. Harvey opined that the NAS valuation only contemplated the costs of a manufacturer to a retail lot and that these additional upcharges were necessary in order to cover setup charges which would be charged by a retail dealer.

23. With that addend, Mr. Harvey thus opined that the replacement value of the Debtor’s 2001 manufactured home was $24,104.00.

24. The Lender also offered the appraisal testimony of Billy J. Pendergraft.

25. Mr. Pendergraft utilized the same NAS assessment process upon the same manufactured home as Mr. Harvey, but reached a different conclusion.12

26. The primary differences between the two NAS assessments brought on behalf of the Lender are as follows:

[794]*794Value Component Harvey Pendergraft

Base Value $16,923 $17,127

State Location Adjustment 1.03 1.03

Condition Adjustment (fair) 100% (good) 99%

Running Gear Deductions none <$882.5Q>

Cost of Repairs Deduction <$1,050> <$3,280>

Components Enhancement +$3,005 +$4,009

Depreciated Replacement Value $19,355 $17,246.50

Accessories $846 $1,338

Estimated Market Value $20,200 $18,600

27. Mr. Pendergraft found the condition of the- Collateral to be “good,” rather than “fair,”13

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Cite This Page — Counsel Stack

Bluebook (online)
552 B.R. 790, 2015 WL 8306422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-prewitt-txeb-2015.