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PennyMac Loan Services, LLC
v.
Pheasant Trail Seventh Owners Association, Inc.
Appellee
PennyMac Loan Services, LLC
Appellant
Pheasant Trail Seventh Owners Association, Inc.
Attorney for the Appellee
Matthew E. Laughlin
Attorney for the Appellant
Eric J. Langston
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Kevin McKeever, Judge. AFFIRMED. Considered by Bower, C.J., and Schumacher and Langholz, JJ. Opinion by Bower, C.J. (10 pages)
Pheasant Trail Seventh Owners Association, Inc. appeals a ruling denying its motion for summary judgment and granting PennyMac Loan Services, LLC’s motion for summary judgment. The district court determined the Association was not able to assess foreclosure fees or attorney fees incident to third-party foreclosure. OPINION HOLDS: The Association’s assessed “foreclosure fee” was not an “admission” or “transfer fee” as used in Iowa Code section 504.302(14) (2021), and the Association did not establish a contractual basis for an award of attorney fees.
