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Case No. 17-1402

For summaries from opinions prior to August, 2018, view PDF versions here

WILMINGTON SAVINGS FUND SOCIETY, FSB, d/b/a CHRISTIANA TRUST not in its Individual Capacity, but Solely as Trustee for BCAT 2015-13BTT
v.
SHEREE SMITH-MARTINEZ and MICHAEL MARTINEZ

Appellee

WILMINGTON SAVINGS FUND SOCIETY, FSB, d/b/a CHRISTIANA TRUST not in its Individual Capacity, but Solely as Trustee for BCAT 2015-13BTT

Appellant

SHEREE SMITH-MARTINEZ and MICHAEL MARTINEZ

Attorneys for Appellee

Margaret A. Hanson and Matthew E. Laughlin

Attorneys for Appellant

Sheree L. Smith-Martinez and Michael Martinez, pro se

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1402
Date Published:
Jul 24, 2019
Summary

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly (summary judgment) and Patrick R. Grady (foreclosure), Judges.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Vogel, S.J.  Opinion by Mullins, P.J.  (14 pages)

            Sheree Smith-Martinez and Michael Martinez appeal the district court’s grant of summary judgment in favor of Wilmington in a mortgage-foreclosure action.  OPINION HOLDS: The court had both subject-matter and personal jurisdiction over Wilmington, as assignee from Wells Fargo, which initially petitioned for foreclosure.  We also find Wilmington was not required to file the note and mortgage documents with the foreclosure petition.  The court did not abuse its discretion by considering the motion for summary judgment by nonoral submission.  There are no genuine issues of material fact and summary judgment was therefore appropriate.  Finally, we find the court’s order requiring the Martinezes to post a supersedeas bond was within the court’s authority and the amount was not excessive.  We deny the request for appellate attorney’s fees.  Costs on appeal are assessed one-half to Sheree Smith-Martinez and one-half to Michael Martinez.

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