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Case No. 18-0925

Great Western Bank v. Clement

Great Western Bank, Plaintiff

Conrad D. Clement; Manaco , Corp., and Parties in Possession, Defendant

Sue Ann Dougan, Appellant

Wayne Joseph Mlady, Appellee

Attorney for Appellant

John L. Duffy

Attorney for Appellee

Lynn Wickham Hartman, Erin R. Nathan, and Jared F. Knight

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0925
Date Published:
Mar 20, 2019
Summary

            Appeal from the Iowa District Court for Howard County, John J. Bauercamper, Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., Doyle, J., and Carr, S.J.  Opinion by Doyle, J.  (9 pages)

            Sue Ann Dougan, the assignee of a debtor’s statutory right of redemption, appeals following the dismissal of her petition in district court seeking declaration of her assignment’s validity, as well as calculation of the interest due to redeem the debtor’s foreclosed property.  Dougan challenges the district court’s determination that the use of the word “exclusive” in the foreclosure decree meant the debtor was prohibited from validly assigning his right of redemption.  Dougan further asserts the court erred in finding that because the debtor did not appeal the decree, “the law of the case” and res judicata rendered Dougan’s assignment invalid and unenforceable.  OPINION HOLDS: Because the debtor had the exclusive right of redemption under Iowa Code section 628.3 (2017) and the foreclosure decree, and because Iowa case law states the right likewise applies to the debtor’s section 628.25 assignee, Dougan’s assignment was valid and enforceable.  The district court erred in holding otherwise.  Accordingly, we reverse the district court’s ruling finding the assignment was invalid, and we remand for entry of judgment consistent with this opinion.

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