Claim by Wells Fargo 3 20 09IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
WELLS FARGO BANK, NATIONAL
ASSOCIATION AS TRUSTEE,
Plaintiff,
vs.
CASE NO. EQCV097713
FORECLOSURE DECREE
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RONDA GARNER, SPOUSE OF RONDA
GARNER, CITY OF DUBUQUE, AND
PARTIES IN POSSESSION,
Defendants.
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BE IT REMEMBERED that on this /'~/ ~ day of ~',~4.~.~..~' ~ , 200 `~, the
above-entitled cause coming before the Court, on Plaintiff's Motion for Judgment; and after
inspection of the file and proofs of service, the Court finds that good and sufficient service of
original notice has been had on the Defendants; and that the Plaintiff has also served the
Defendants, Spouse of Ronda Garner, City of Dubuque, and Parties in Possession, with NOTICE
OF INTENT TO FILE WRITTEN APPLICATION FOR DEFAULT pursuant to I.R.C.P.
1.972(2)(a) by sending such Notice by ordinary mail to the last known address of the party
claimed to be in Default and its attorney, if known; and more than ten days have elapsed since
serving such Notice. Ronda Garner has filed an Answer and Delay Demand herein.
The Court further finds that it has jurisdiction of the subject matter and parties fo-this
action. The Court further finds, having reviewed the file, that the issues are with the Plaintiff and
that the Plaintiff is entitled to judgment and decree as prayed. The Court further finds that the
note and mortgage declared upon in the Petition are just, genuine, due and unpaid. The Court
further finds that there is due and owing to the Plaintiff from the Defendant, Ronda Garner, the
principal balance of $69,556.16, plus interest in the amount of $2,772.57 to 12/10/2008 and at
the rate of 11.05% per annum thereafter, suspense balance of $-106.72, other fees of $7.00,
recoverable balance of $105.50, corporate advances $448.50, reports of title $375.00, attorney
fees $1,225.00, plus accruing costs and the costs of this action including, but not limited to, any
and all advances made by the Plaintiff, and other costs between the time of the Foreclosure
Decree and the time of the Sheriff's Sale, said amounts totaling the sum to which the Plaintiff is
entitled to judgment.
The Court further finds that the Mortgage declared upon is a lien upon the premises
therein described and the improvements thereon, which lien is prior and superior to any right,
title, lien or interest of the Defendants or any of them therein. It is hereby decreed that the right,
title and/or interest of each and all of the Defendants in and to the property which is the subject
of this action is junior and subordinate to the right, title and/or interest of the Plaintiff in and to
the property.
The Court further finds that the premises is a one or two family dwelling and is not
agricultural land as defined in Iowa Code Section 9H or 175.2, or used for agricultural purpose as
defined in Iowa Code Section 535.13, or used for farming as defined in Iowa Code Section 175.2.
The Court further finds that A DEMAND FOR DELAY OF SALE has been filed pursuant to
Iowa Code Section 654.22 and that proper Notice was given pursuant to Iowa Code Section
654.20. Therefore, no rights of redemption will be allowed after Sheriff's sale and the purchaser
at the sale is entitled to immediate possession of the property.
The Court further finds that the Plaintiff has a valid, first, and paramount lien and that the
priority of the junior lien holders should be established if there is a surplus remaining after
satisfying the Mortgage and all costs including amount for advanced taxes, insurance, and
attorney's fees, and should be paid to the junior lien holders as their interest may appear.
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND_DECREED that
judgment be, and the same is hereby rendered, in favor of the Plaintiff and against the real estate
described herein, in the amount of $74,383.31 as follows:
Principal $ 69,556.16
Interest to 12/10/2008 $ 2,772.57
Suspense Balance $ - 106.72
Other Fees $ 7.00
Recoverable Balance $ 105.50
Title Reports $ 375.00
Corporate Advances $ 448.50
Attorney Fees $ 1,225.00
Total Due as of 12/10/2008 $ 74,383.31
together with interest from 12/11/2008 at the rate of 11...05% per annum until satisfied,
for court costs in this action, plus accruing costs and attorney fees incurred
after the date hereof including, but not limited to, any and all advances made by the Plaintiff for
taxes, insurance, properly preservation, and other costs between the time of the Foreclosure
Decree and the time of the Sheriff s Sale.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that said judgment be, and
the same is hereby declared to be, a lien upon the following-described real estate located in
Dubuque County, Iowa, to wit:
Lot 66 in Charles Stafford's Addition to the City of Dubuque, Iowa, according to the
recorded Plat thereof. Situated in Dubuque County, Iowa
IT IS FURTHER ORDERED ADJUDGED AND DECREED that the Mortgage declared
upon, dated 05/22/2006, which Mortgage was filed on 05/31/2006, in File 2006-00007986 in the
records for Dubuque County, be, and the same is hereby foreclosed; that the right, title, lien, and
interest of the Plaintiff in and to said mortgage premises and all improvements thereon be, and is
hereby declared to be, prior and superior to the right, title, lien, and interest of the Defendants, or
any of them, in and to said mortgaged real estate.
IT IS FURTHER ORDERED that Special Execution issue for the sale of the real estate,
together with all. improvements .thereon, immediately_upon entry of this Decree. That. a Sheriff s
Sale shall be held for the sale of said real estate and thereunder said real estate be sold for the
purpose of paying the judgment rendered in favor of the Plaintiff. It is further ordered that no sale
of the property shall take place until the expiration of a six month period from the date of entry of
this Decree. That from and after the sale, under said special execution, the Defendants, and each
of them, and all persons claiming by, through, and under them, are forever cut off, barred, and
foreclosed of all right, title, lien, and interest to said mortgaged real estate.
IT IS FURTHER ORDERED that a Sheriff s Deed issue immediately to the purchaser at
said sale; that a Writ of Possession shall be issued under the seal of the Court directed to the
Sheriff of Dubuque County, Iowa, commanding him to put the purchaser at said sale, or his
successor in interest, into immediate possession of the premises, pursuant to Section 654.20.
IT IS FURTHER ORDERED that this Court reserves jurisdiction over the parties and the
subject of this action to set aside this foreclosure decree and reinstate the note and mortgage
foreclosed upon if the same is requested by the holder of this judgment at any time prior to the
sheriff's sale, following full reinstatement of the mortgage loan, foreclosed upon by Plaintiff.
IT IS FURTHER ORDERED that the Court will retain jurisdiction over this action for all
matters to produce merchantable title to the buyer at the Sheriff's Sale.
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JUDGE
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