Holder v. Pike County Bank (In re Holder)

MEMORANDUM OPINION

ROBERT F. FUSSELL, Bankruptcy Judge.

Charles Houston Holder, debtor and plaintiff in these Chapter 13 proceedings, has filed an action to set aside defendant Pike County Bank’s mortgage lien on real property which Holder claims is his homestead. Pike County Bank has filed an answer and a motion to dismiss asserting that Holder and his former spouse conveyed their homestead rights when they executed the mortgage.

The parties have submitted this matter to the Court for a decision based on a *38stipulation of facts and an interpretation of the mortgage. After reviewing this matter…