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Case No. 18-0514

Farm Credit Services of America, FLCA
v.
Dale W. Braaksma, Danna S. Braaksma, and Braaksma Grain Farms, Inc.

Appellee

Farm Credit Services of America, FLCA

Appellant

Dale W. Braaksma, Danna S. Braaksma, and Braaksma Grain Farms, Inc.

Attorneys for Appellee

Thomas H. Burke and Molly M. Brown

Attorneys for Appellant

Richard H. Moeller

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0514
Date Published:
Oct 23, 2019
Summary

            Appeal from the Iowa District Court for Osceola County, Carl J. Petersen, Judge.  APPEAL DISMISSED IN PART AND AFFIRMED IN PART.  Considered by Vaitheswaran, P.J., and Tabor and Mullins, JJ.  Opinion by Tabor, J.  (10 pages)

            Borrowers appeal the district court’s denial of their motion to continue the lender’s action to foreclose their real estate mortgage.  They contend the district court abused its discretion in denying their motion to continue without holding an evidentiary hearing as required under Iowa Code section 654.15 (2017).  OPINION HOLDS: Since the events relevant here, the borrowers have lost any interest in one of the two properties at issue, therefore, the appeal is moot as to that note but may continue as to the remaining note.  Although the court professed not to be holding an “evidentiary hearing” on the motion to continue, it allowed the parties to address whether the borrowers filed the motion in good faith.  Both sides had a chance to comment, but the borrowers bypassed the opportunity.  The court did hold a hearing on the motion.  The borrowers filed their motion to continue on the day before the hearing on the lender’s motion for summary judgment.  That, along with the extent of their other indebtedness, led the district court to conclude the borrowers had not acted in good faith.  On our review, we see no abuse of discretion in that conclusion or the decision to deny the motion to continue.  We dismiss the appeal as to the moot note and affirm as to the other note. 

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