2    and declare the property, which he asserts is subject to the mortgage, abandoned  from the estate. Debtors and the Trustee argue that Van Grootheest’s failure to  produce a signed promissory note is fatal to his case and the mortgage is rendered  unenforceable for lack of consideration. The Court disagrees. For the reasons that  follow, Van Grootheest’s Motion is granted.  FINDINGS OF FACT    Debtors own real property known by street address as 2574 Kennedy Ave.,  George, IA 51237 (the “Property”). Van Grootheest—Mr. Daniels’ former  employer and business partner—financed Debtors’ purchase of the Property. In  exchange, Debtors executed a five-page mortgage (the “Mortgage”) in favor of  Van Grootheest. (Ex. 1). The Mortgage was to serve as security for a  contemporaneously executed promissory note evincing the loan from Van  Grootheest to Debtors.    Van Grootheest received the Mortgage, a proposed promissory note (the  “Note”), and an amortization schedule (the “Schedule”) from an attorney of the  Debtors’ choosing in July 2008. (Ex. 3). The details of the transaction are  described, to varying degrees, across the three documents. Van Grootheest  supplied Debtors with a loan of $82,023.00. (Id.). The loan was used to purchase  the Property—described by legal name. (Id.). They agreed to repayment by 360  Case 20-01054 Doc 45 Filed 10/14/21 Entered 10/14/21 14:29:40 Desc Main  Document Page 2 of 15

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