206 B.R. 573

In re Willie James ANDERSON, Debtor.

Bankruptcy No. 92-00241-RRS-13.

United States Bankruptcy Court, M.D. Alabama.

Feb. 26, 1997.

C. Michael Mclnnish and Charles N. Parnell, Montgomery, AL, for Debtor.

*574Curtis C. Reding, Montgomery, as Chapter 13 Trustee.

ORDER ON LETTER/MOTION FOR ACCOUNTING AND ON ORDER TO SHOW CAUSE

RODNEY R. STEELE, Bankruptcy Judge.

At Montgomery, Alabama on February 24, 1997 a hearing was held on a letter/motion for accounting and an order to show cause directed to James R. Barnes regarding a mortgage that has been paid through the debtors Chapter 13 plan but has not been marked satisfied and recorded.

This matter was continued from February 10, 1997 for Mr. Barnes to sign a release. He has failed to do so and has failed to respond or appear. Charles N. Parnell, former attorney of Mr. Barnes, advised the court that although he no longer represents Mr. Barnes he has attempted to contact him regarding this matter on more than one occasion and has supplied a certificate of mortgage satisfaction to Mr. Barnes but has not received a response.1

The courts finds that the debtor has satisfied the mortgage in question which is recorded at Real Property 0244 PAGE 0172 et seq., in the Probate Office of Montgomery County, Alabama.

The real property under that mortgage is described as:

Commencing at the Southeast corner of Section 18, Township 16, Range 20, Montgomery County, Alabama, thence North along the section line 6.80 chains to a point on the North side of the right of way of U.S. Highway 80, thence Easterly along the North side of said Highway 2.02 chains to the point of beginning, thence North 15 degrees West 2.18 chains, thence North 70 degrees 30 minutes East 3.50 chains to the West line of the Old Line Creek Road (now known as Ware’s Ferry Road), thence South 38 degrees East along the West side of said Old Line Creek Road 4.80 chains to the North side of U.S. Highway 80, thence Westerly along the north side of said highway 5.52 chains to the point of beginning. Said tract containing 1.37 acres and being same identical property conveyed to Mortgagors by deed from Gene M. Handy and wife dated November 16,1964.

It is therefore ORDERED that

1. James R. Barnes is directed to execute, acknowledge, prove and record all such documents necessary for satisfaction of the mortgage to real estate described above thereby permitting the debtor to obtain satisfaction of the mortgage.

2. James R. Barnes has 30 days from the date of this order, or until Friday March 28, 1997, to execute, acknowledge, prove and record all such documents necessary to satisfy the mortgage in the debtor.

3. If James R. Barnes fails to do all acts necessary to satisfy of record the real estate mortgage of the above described real estate in the debtor, then this order shall stand, pursuant to Rule 70 of the Federal Rules of Civil Procedure,2 incorporated as Rule 7070 *575of the Bankruptcy Rules3, as a judgment satisfying the mortgage of the above described real estate from James R. Barnes in favor of the debtor, Willie James Anderson. This judgment has the effect of conveyance executed in due form of law4 and is a satisfaction of the mortgage for recordation purposes.

4. The court may provide any penalties as may be necessary and allowed.5

In re Anderson
206 B.R. 573

Case Details

Name
In re Anderson
Decision Date
Feb 26, 1997
Citations

206 B.R. 573

Jurisdiction
United States

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