united bank of iowa v melissa houk - petition of foreclosure of mortgage

E-FILED 2014 MAY 08 2:44 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT

FOR SAC COUNTY UNITED BANK OF IOWA, * EQUITY NUMER EQCV ________ PLAINTIFF * * VS. *

* ORDER ON MOTION FOR MELISSA HOUK, * APPOINTMENT OF A RECEIVER DEFENDANT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The Court, having reviewed the “Motion”, supporting documentation, statements and

arguments of counsel hereby finds as follows:

1. Plaintiff has filed an action herein to foreclose its Real Estate Mortgage and

alleges that the Promissory Note and Mortgage, which it secures, are in default.

2. The indebtedness due and owing Plaintiff as set forth in the “Petition” is in excess

of One Hundred Twenty-four Thousand Dollars ($124,000.00).

3. Iowa Code, Section 680.1, provides, in pertinent part:

“On the Petition for either party to a civil action or proceeding wherein the party shows that the party has a probable right to, or interest in, any property which is the subject of the controversy, and that such property, or its rents or profits, are in danger of being lost or materially injured or impaired, and on such notice to the adverse party as the court shall prescribe, the Court, if satisfied that the interest of one or both parties will be thereby promoted, and the substantial rights of neither unduly infringed, may appoint a receiver to take charge of and control such property under its direction during the pendency of the action, and may order and coerce the delivery of it to a receiver.”

4. The Defendant’s rights will not be unduly infringed or prejudiced; and the

interest of all parties would be enhanced by having a receiver appointed to protect and

preserve the property.

E-FILED 2014 MAY 12 6:43 AM SAC - CLERK OF DISTRICT COURT

5. The Court finds that pursuant to Iowa Code, §680.1, Plaintiff has shown

that it has a probable right and interest in the property which is subject to this

controversy; and that such property, or its rents or profits, are in danger of being lost,

materially injured or impaired.

Based upon the above, the Court finds for good cause shown that a receiver

should be and is hereby appointed herein.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED Dan Dotzler

of United Bank of Iowa shall be appointed the receiver for the real estate referred to in

the “Petition” on file herein, to serve without bond pursuant to the terms and conditions

of the Mortgage referred to herein, and Iowa Code, §680.1. The receiver shall take

possession of the real estate referred to in the “Petition” and do all things necessary to

secure and maintain same, including the power to receive, collect and apply rents or

profits to pay taxes, provide insurance, make repairs to pay costs or any other expenses

related to the property, as well as to pay any remaining sum to the secured debtor,

Plaintiff, and should otherwise be vested with all powers and authority governed by the

provisions of Iowa Code, §680.1.

SO ORDERED.


State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleEQCV019519 UNITED BANK OF IOWA, PLAINTIFF V. MELISSA HOUK, DE

So Ordered

Electronically signed on 2014-05-12 06:43:16 page 3 of 3


E-FILED 2014 JUL 11 1:12 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JUL 24 9:26 AM SAC - CLERK OF DISTRICT COURT

1

IN THE IOWA DISTRICT COURT

FOR SAC COUNTY

UNITED BANK OF IOWA, * EQUITY NUMBER EQCV 019519

PLAINTIFF *

VS. *

* ORDER FOR DEFAULT JUDGMENT

MELISSA HOUK, *

DEFENDANT *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

This matter comes before the Court upon the “Written Application for Default Judgment”

on Plaintiff’s Petition filed by the Plaintiff herein, and requesting that the Court find in default

the Defendant, Melissa Houk, on its action to foreclose its Mortgage.

Plaintiff has filed a “Written Application for Default Judgment”, a “Notice of Intent to

File Written Application for Default Judgment” and an “Affidavit of Mailing Notice” of same in

accordance with Iowa Rules of Civil Procedure, 1.971 through 1.973. Plaintiff has also filed an

Affidavit relating to the Defendant’s military service under the Soldiers and Sailors Civil Relief

Act and applies for a default judgment against the Defendant above named.

The Court finds from an inspection of the record that the Defendant, Melissa Houk, is not

nor has been in the military service.

The Court finds that the Defendant has been duly and legally served with a proper

Original Notice as shown by the Proof of Service on file herein; the Defendant is within the

jurisdiction of the Court; that the time for all appearances has passed; and no Defendant has

appeared. The facts are as alleged in the Petition; and the Plaintiff is entitled to the relief herein

awarded.


2

A Default Judgment is accordingly entered against the Defendant, Melissa Houk, on the

Petition to foreclose the Mortgage set forth herein.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff shall have

a Judgment on its Petition against the Defendant, Melissa Houk, in rem, in the amount of One

Hundred Twenty-four Thousand Dollars One Hundred Twenty-eight Dollars and Forty-two

Cents ($124,128.42) as of the 23rd day of April, 2014, with interest accruing thereon daily in

accordance with the terms of the Promissory Note and a Decree of Foreclosure against the

mortgaged real estate.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Plaintiff have a

judgment for attorney’s fees in the amount of One Thousand Five Hundred Seventy-two Dollars

and Fifty Cents ($1,572.50).

The Plaintiff’s lien on its Mortgage and Judgment is established and confirmed as the

first and paramount lien on the real estate above described, senior and superior to the rights, title

and interest of any and all other Defendants, if any.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a Special Execution

shall be issued against the mortgaged land described as follows:

Lot A of the Northeast Quarter of the Northeast Quarter (NE¼NE¼) of Section 30, Township 88 North, Range 38, West of the 5th P.M., Sac County, Iowa, containing 5.34 acres, more or less, according to the PLAT OF SURVEY recorded as Inst. No. 061806 in the Sac County Recorder’s Office on August 18, 2006,

to collect said Judgment, interest, costs, and costs to accrue; and the Defendants are forever

barred and foreclosed from all right, title and interest in said land, subject to Defendants’ right of

redemption, if any.


3

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a Special Execution

issue for the sale of the premises accordingly and a Sheriff’s Deed issued to the purchaser or his

or her assigns conveying the absolute title thereto against all Defendants, if any, and all persons

claiming by, through or under any of them; and that a Writ of Possession then be issued

forthwith after the redemption period to put such grantee in immediate possession of the entire

premises. The Plaintiff has waived its deficiency judgment; and no delay of sale has been filed;

therefore none is required.

All costs are taxed against the Defendant. The Court retains jurisdiction to make any

further rulings regarding this foreclosure action with or without notice to the parties.

SO ORDERED.


State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleEQCV019519 UNITED BANK OF IOWA VS MELISSA HOUK

So Ordered

Electronically signed on 2014-07-24 15:01:36 page 4 of 4


united bank of iowa v melissa houk - petition of foreclosure of mortgage

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