EQCV019553 - Foreclosure petition on Odebolt property results in Judgment in the amount...
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Transcript of EQCV019553 - Foreclosure petition on Odebolt property results in Judgment in the amount...
E-FILED 2014 SEP 04 4:12 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 SEP 04 4:12 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 SEP 04 4:12 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 SEP 04 4:12 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 SEP 04 4:12 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY______________________________________________________________________________
UNITED BANK OF IOWA, ) EQUITY NO. EQCV019553)
Plaintiff, ))
vs. ))
DONALD C. HOUT, ) CONSENT TO DECREE ANDSTATE OF IOWA, et al., ) ANSWER BY DEFENDANT
) STATE OF IOWA Defendants. )
______________________________________________________________________________
The State of Iowa asserts:
1. The State denies the allegations of the Petition for lack of information sufficient
to form a belief. The State lacks information on Plaintiff’s documentation or the debtors’
payment history, and accordingly takes no position on whether a decree should be entered. The
State encourages use of the Attorney General’s “Mortgage Help Hotline” (877-622-4866).
2. If a decree is entered, the State admits its judgment lien is junior to the
mortgage and consents to treatment as a junior lienholder. The State requests that the decree
provide that the proceeds remaining after satisfaction of the amounts due the Plaintiff, if any, be
distributed to junior lien holders in accordance with their lawful priority.
3. The State requests that a file-stamped copy of the decree or dismissal be
forwarded to the undersigned. This Answer and Consent relates solely to criminal judgment
liens, court costs or other similar liens listed in the Petition as having been entered in favor of the
State of Iowa, and does not relate to taxes, child or other support obligations, or liens entered in
favor of an individually named state agency.
E-FILED 2014 OCT 22 2:55 PM SAC - CLERK OF DISTRICT COURT
Respectfully submitted,
THOMAS J. MILLERAttorney General of Iowa
By: /s/ Pamela D. Griebel
PAMELA D. GRIEBELAssistant Attorney GeneralHoover Building, 2nd Fl.Des Moines, IA 50319Tele: (515) 281-3781FAX: (515) [email protected] FOR DEFENDANTSTATE OF IOWA
E-FILED 2014 OCT 22 2:55 PM SAC - CLERK OF DISTRICT COURT
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(Notice Id:2CA017)
District Court AdministrationSecond Judicial District
Webster County Courthouse Bill Watson701 Central Avenue, 4th Floor Assistant Court AdministratorFort Dodge, IA 50501(515) 576-6336 Kellie OrresFax: (515) 574-3758 Case Coordinator (515) 574-3752
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
Date: 12/01/2014 To: Thad Cosgrove Case Title: UBI VS. DONALD & JANE HOUT & ST IA Case No: 02811 EQCV019553 Petition Filed: 09/04/14 Return of Service: September 13, 2014 Court records indicate that an answer has not been filed in the above captioned matter. If an answer, application fordefault or a dismissal is not filed within 30 days, this matter will be referred to the court for dismissal. /s/ Kellie Orres --------------------------------------- Designee of the Court Clerk to provide copies ornotice of document to attorneysof record and/or parties appearingpro se. Docket Code = NOOT
E-FILED 2014 DEC 01 3:00 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2015 JAN 06 1:40 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
UNITED BANK OF IOWA, * EQUITY NUMBER EQCV 019553 PLAINTIFF * * VS. * * ORDER FOR DEFAULT JUDGMENT DONALD C. HOUT, JANE E. HOUT & * AGAINST DEFENDANTS, DONALD C. AND STATE OF IOWA, * HOUT & JANE E. HOUT; JUDGMENT * BY CONSENT TO DECREE BY DEFENDANTS * DEFENDANT, STATE OF IOWA * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
This matter comes before the Court upon the “Written Application for Default Judgment”
on Plaintiff’s Petition filed by the Plaintiff herein, and requesting that the Court find in default
the Defendants, Donald C. Hout and Jane E. Hout, on its action to foreclose its Mortgage.
The Defendant, State of Iowa, has filed a “Consent to Decree and Answer by Defendant,
State of Iowa” wherein it admits its judgment liens are junior to the Mortgage and consents to its
treatment as a junior lienholder, said Consent being filed October 22, 2014.
Plaintiff has filed a “Written Application for Default Judgment”, “Notices of Intent to
File Written Application for Default Judgment” and “Affidavits of Mailing Notice” of same in
accordance with Iowa Rules of Civil Procedure 1.971 through 1.973. Plaintiff has also filed an
Affidavit relating to the Defendants’ military service under the Soldiers and Sailors Civil Relief
Act and applies for a default judgment against the Defendants, Donald C. Hout and Jane E. Hout,
and a Decree regarding the State of Iowa.
The Court finds from an inspection of the record that the Defendant, Donald C. Hout and
Jane E. Hout, have not nor has not been in the military service.
E-FILED 2015 JAN 20 10:28 AM SAC - CLERK OF DISTRICT COURT
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The Court finds that the Defendants, Donald C. Hout, Jane E. Hout and the State of Iowa,
have been duly and legally served with proper Original Notices as shown by the Proofs of
Service and Affidavits of Mailing on file herein; the Defendants are within the jurisdiction of the
Court; and also that the time for all appearances has passed. The Defendants, Donald C. Hout
and Jane E. Hout, have failed to appear; the Defendant, State of Iowa, has filed a Consent to
Decree; and the facts are as alleged in the Petition; and the Plaintiff is entitled to the relief herein
awarded.
A Default Judgment is accordingly entered against the Defendants, Donald C. Hout and
Jane E. Hout, on the Petition to foreclose the Mortgage set forth herein.
A Judgment is also entered against the State of Iowa pursuant to its Consent Decree; and
the judgment lien of the State of Iowa is deemed to be junior to the Mortgage lien of the Plaintiff.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff shall have
a Judgment on its Petition against the Defendants, Donald C. Hout and Jane E. Hout, personally
and in rem, in the amount of Thirty-two Thousand Seven Hundred Twenty-eight Dollars and
Forty-six Cents ($32,728.46) as of December 15, 2014, with interest accruing thereon in the
amount of Four dollars and Thirty-one Cents ($4.31) per diem from December 15, 2014; and a
Decree of Foreclosure against the mortgaged real estate.
The Plaintiff’s lien on its Mortgage and Judgment is established and confirmed as the
first and paramount lien on the real estate above described, senior and superior to the rights, title
and interest of the State of Iowa.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Plaintiff have a
judgment lien in rem and personally for attorney fees in the amount of One Thousand Nine
E-FILED 2015 JAN 20 10:28 AM SAC - CLERK OF DISTRICT COURT
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Hundred Seventeen Dollars and Seventeen Cents ($1,917.17) jointly and severally against the
Defendants, Donald C. Hout and Jane E. Hout as evidenced by the Affidavit of Attorney Fees
filed herein.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a Special Execution
shall be issued against the mortgaged land described as follows:
Lot Four (4), Block Nineteen (19), Second Addition to the Town of Odebolt, Sac County, Iowa.
to collect said Judgment, interest, costs, and costs to accrue; and the Defendants are forever
barred and foreclosed from all right, title and interest in said land, subject to Defendants’ right of
redemption, if any.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a Special Execution
issue for the sale of the premises accordingly and a Sheriff’s Deed issued to the purchaser or his
or her assigns conveying the absolute title thereto against all Defendants and all persons claiming
by, through or under any of them; and that a Writ of Possession then issued forthwith to put such
grantee in immediate possession of the entire premises; and if any deficiency remains, that a
general execution issue against the goods, property, money, credits of the Defendants, Donald C.
Hout and Jane E. Hout, and the proceeds therefrom apply on said judgment until it is fully paid.
The Plaintiff has not waived its deficiency judgment.
Costs of the action are assessed against the Defendants, Donald C. Hout and Jane E.
Hout, jointly and severally.
The Court reserves jurisdiction to make any further Orders not inconsistent with this
Order, either with or without formal notice to the parties.
SO ORDERED.
E-FILED 2015 JAN 20 10:28 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: OTHER ORDER
Case Number Case TitleEQCV019553 UBI VS. DONALD & JANE HOUT & ST IA
So Ordered
Electronically signed on 2015-01-20 10:28:33 page 4 of 4
E-FILED 2015 JAN 20 10:28 AM SAC - CLERK OF DISTRICT COURT
