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Case No. 19-0126

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

Attorneys for Appellee

Brandon J. Krikke and Nathan J. Rockman

Attorneys for Appellant

Jeff W. Wright and Joel D. Vos

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0126
Date Published:
Aug 19, 2020
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.

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