Sibley State Bank
v.
Robert Zylstra, Assignee of Dale W. Braaksma, Danna S. Braaksma, and Jesse Dale Braaksma
Appellee
Sibley State Bank
Appellant
Robert Zylstra, Assignee of Dale W. Braaksma, Danna S. Braaksma, and Jesse Dale Braaksma
Attorney for the Appellee
Brandon J. Krikke and Nathan J. Rockman
Attorney for the Appellant
Jeff W. Wright and Joel D. Vos
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Osceola County, David A. Lester, Judge. AFFIRMED. Considered by Tabor, P.J., and May and Greer, JJ. Opinion by Tabor, P.J. (16 pages)
After Sibley State Bank’s foreclosure action, the district court directed the Osceola County Sheriff to sell two farm parcels mortgaged by the Braaksma family. After the sale of the real estate, the Braaksmas assigned their redemption rights to Robert Zylstra, who tendered a check for the exact sales amount to the clerk of court a day before the end of the redemption period, intending to redeem both parcels without adding cost or interest. Sibley State Bank then obtained a district court order stating the redemption failed because Zylstra did not pay the redemption amount in full within the one-year redemption period. Zylstra argues the interest rate used was incorrect and the payment was sufficient to redeem at least one property. OPINION HOLDS: Because Zylstra included no interest or other costs in the payoff, the redemption failed. Also, because Zylstra did not indicate to the clerk of court to which property the funds should be applied, redemption for one property alone also fails.
