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Case No. 23-0017

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

PennyMac Loan Services, LLC
Pheasant Trail Seventh Owners Association, Inc.


PennyMac Loan Services, LLC


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:
Jan 24, 2024

            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.

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