Newrez, LLC v. Sholley
Newrez, LLC d/b/a Shellpoint Mortgage Servicing, Plaintiff-Appellee,
vs.
Shelly D. Sholley, Defendant-Appellant,
and
LVNV Funding, LLC, Unknown Spouse of Shelly Sholley, LF Noll, Inc., Hamilton's Funeral Home, Inc., All Unknown Heirs of Dianne Hansen, Linda Leete, Unknown Spouse of Lee Ann Siders, State of Iowa Department of Revenue, Parties in Possession, Calvary SPV I, LLC, The Estate of Lee Ann Siders, Defendants,
and
Ignacio Hernandez, Third-Party-Defendant.
Attorney for Appellant
Robb D. Goedicke
Attorney for Appellee
Rodney W. Kleitsch
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge. AFFIRMED. Considered without oral argument by Tabor, C.J., and Ahlers and Sandy, JJ. Opinion by Sandy, J. (12 pages)
Shelly Sholley appeals the district court’s ruling dismissing her petition to vacate an in rem judgment received by Newrez LLC—doing business as Shellpoint Mortgage Servicing (Shellpoint). On appeal, she argues the district court improperly dismissed her petition to vacate due to her failure to serve Shellpoint with original notice—signed by the clerk and under the seal of the court—in a timely manner. OPINION HOLDS: Because we find the district court did not err by dismissing Sholley’s petition to vacate for failure to serve original notice within the timeframe prescribed by our rules of civil procedure, we affirm.
