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Case No. 20-0593

Compeer Financial Services, FLCA v. Braaksma

Compeer Financial Services, FLCA, f/k/a Agstar Financial Services, FLCA, Plaintiff-Appellee,

vs.

Jesse D. Braaksma, Dale W. Braaksma, and Danna S. Braaksma, Defendants-Appellants,

and

The United State of America, by and through its agent, The Internal Revenue Service, Defendant-Appellee.

Attorney for Appellants

Richard H. Moeller

Attorney for Appellee

Dustan J. Cross and Rick J. Halbur

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0593
Date Published:
Apr 14, 2021
Summary

            Appeal from the Iowa District Court for Osceola County, Don E. Courtney, Judge.  AFFIRMED.  Heard by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (13 pages)

            Dale and Danna Braaksma, together with their son, Jesse Braaksma, appeal a grant of summary judgment and ensuing foreclosure decree entered in favor of Compeer Financial Services, FLCA (Compeer) relative to two mortgages on tracts of agricultural real estate, one owned by Dale and Danna and the other owned by Jesse.  They argue Compeer’s notice of default and right to cure did not comply with Iowa Code sections 654.2A and 654.2B (2018), the Braaksmas were not excepted from a right to cure based on prior defaults, and Compeer’s foreclosure petition should therefore have been dismissed.  OPINION HOLDS: The legal consequence of the undisputed facts is Compeer’s entitlement to judgment as a matter of law.  We affirm the district court’s grant of summary judgment in favor of Compeer.

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