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Case No. 20-1663

Lincoln Savings Bank
Debra D. Emmert

Debra Emmert appeals from a foreclosure judgment and decree following the entry of a default judgment. She argues Lincoln Savings Bank did not properly serve her notice of its intent to seek a default judgment when it only provided such notice to an attorney who represented her in prior litigation.

Black Hawk


Lincoln Savings Bank


Debra D. Emmert

Attorneys for the Resister

Jeffrey W. Courter
David T. Bower
Roy R. Leaf

Attorney for the Applicant

Gregg Geerdes

Supreme Court

Oral Argument Schedule


Jan 19, 2023 1:30 PM


Supreme Court Opinion

Opinion Number:
Date Published:
Feb 24, 2023

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 11, 2022

            Appeal from the Iowa District Court for Black Hawk County, Linda Fangman and David Odekirk, Judges.  AFFIRMED IN PART AND VACATED IN PART.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (21 pages)

            Lincoln Savings Bank (the Bank) initiated foreclosure proceedings against Debra Emmert in July 2019.  Debra failed to respond, and the Bank twice asked for entry of default, which the court granted both times.  Eventually, the district court entered judgment against Debra for more than $5,000,000 and foreclosed on a property in Cedar Falls and a property in Coralville.  Debra appealed.  She then filed a motion to set aside the default and, when she did not get the ruling she wanted, a motion to enlarge and reconsider.  The district court again ruled against Debra, and she filed a second appeal.  At the parties’ joint request, Debra’s two appeals were consolidated.  OPINION HOLDS: Because Debra’s first appeal divested the district court of jurisdiction, all rulings that came after December 16, 2020, are nullities; we vacate them.  Limiting our consideration to the issues that arose before Debra’s first appeal, Debra has not shown an error in notice or service that invalidates the foreclosure judgment against her.  We affirm the December 2, 2020 foreclosure and judgment decree. 

Other Information

Date Further Review is Granted:
Jul 21, 2022
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