EQCV019555- Foreclosure petition on Odebolt property results in judgment in the amount $38,939.00.pdf

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT




























IN THE IOWA DISTRICT COURT FOR SAC COUNTY______________________________________________________________________________

MIDFIRST BANK, ) EQUITY NO. EQCV019555)

Plaintiff, ))

vs. ))

STEPHEN R. CAMPBELL, ) 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 liens are 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.


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 02 9:48 AM SAC - CLERK OF DISTRICT COURT





E-FILED 2014 OCT 02 12:03 PM SAC - CLERK OF DISTRICT COURT












RETURN OF SERVICE IN THE IOWA DISTRICT COURT FOR SAC COUNTY.

Case Name: Midfirst Bank vs. Stephen R. RETURN OF SERVICE: Type of Campbell, et al Service Clerks Number: EQCV019555 Code Agency Case Number: C1401996 Personal 1 Dwelling/Substitute 2 Notice Rec'd This Date: 09/17/14 Hotel, Boarding/Rooming House 3 I certify that I served a copy of : Corporation/Association 4 Mortgage Mediation Notice Official (State, County, City) 5 Original Notice Spouse away from residence 6 Petition Other 7 Notice X Diligent Search 8 Exhibits Affidavit

Served: Type Code ROSANNA MARIE CAMPBELL 8 NOTE: 10/09/2014 sheriff fees were paid by Petosa, Petosa & Boecker, ck #88300. 09/25/14 @ 14:45, Jamal Paige, who lives at addr provided, stated that Steven & Rosanna Campbell do not live their, does not know them (lc)

STEVEN ESCO CAMPBELL 8 NOTE: 10/09/2014 sheriff fees were paid by Petosa, Petosa & Boecker, ck #88300. 09/25/14 @ 14:45, Jamal Paige, who lives at addr provided, stated that Steven & Rosanna Campbell do not live their, does not know them (lc)

Fees: Service / 15 $15.00 Mileage $5.60 TOTAL $20.60

MARK H. MILLER, Sheriff WAPELLO, County, Iowa

By /s/Lisa Craff Clerk III Lisa Craff Official Title

Fees charged to/paid by Attorney/Party: Petosa, Petosa & Boecker, L.L.P. % Benjamin Hopkins

Date:_______________________ Check #:_______________________

Printed Monday, October 13, 2014 Copy of Original Notice, if served, must be attached to this form.




IN THE IOWA DISTRICT COURT FOR SAC COUNTY______________________________________________________________________________

MIDFIRST BANK, ) EQUITY NO. EQCV019555)

Plaintiff, ))

vs. ))

STEPHEN R. CAMPBELL, ) CONSENT TO DECREE ANDSTATE OF IOWA, et al., ) AMENDED ANSWER BY

) DEFENDANT STATE OF IOWADefendants. )

______________________________________________________________________________

The State of Iowa asserts:

1. The State of Iowa amends its consent to entry of a Decree in favor of Plaintiff to

include lien SMCR012523, in addition to those liens referenced in the foreclosure petition. 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 liens are 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.


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 NOV 07 12:44 PM SAC - CLERK OF DISTRICT COURT



IN THE IOWA DISTRICT COURT FOR SAC COUNTY

MIDFIRST BANK,

Plaintiff,

vs.

STEPHEN CAMPBELL, et al.

Defendants.

Equity No. EQCV019555

CONSENT TO DECREE

COMES NOW the Iowa Workforce Development, and for this Consent to Decree, states:

1. The State lacks full and complete information on Plaintiff’s documentation and the

borrower’s payment history. The State encourages those facing foreclosure to utilize the

services of Iowa Mortgage Help (877-622-4866 or IowaMortgageHelp.com).

2. If the Court, after review of the relevant facts, decides a judgment and decree of

foreclosure is proper, the State hereby consents to the entry of such a decree.

3. This consent is given on behalf of the Iowa Workforce Development only, and not on

behalf of any other agency, department, division, or subdivision of the State of Iowa.

4. This consent is given with the understanding that:

a. The decree of foreclosure will contain a provision that any proceeds from the sale

of the property remaining after the satisfaction of the mortgage indebtedness and

costs due the Plaintiff will be distributed to the junior lien holders in accordance

with their relative priority as established by law; and

b. Upon finalization of the proceeding, a file-stamped copy of the final decree or

dismissal will be forwarded to this office.


_/S/Barbara E. B. Galloway______________

Barbara E.B. Galloway, AT0002627

Assistant Attorney General

Hoover Building - 2nd Floor

1305 E. Walnut St.

Des Moines, IA 50319

Telephone: (515) 281-8330

Facsimile: (515) 281-7219

ATTORNEYS FOR STATE OF IOWA, IOWA

DEPARTMENT OF HUMAN SERVICES

Original filed; Copy to:

Benjamin W. Hopkins

Petosa, Petosa & Boecker, L.L.P.

1350 N.W. 138th

Street, Suite 100

Clive, Iowa 50325-8308

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing instrument was served

upon each of the persons identified as receiving a copy by delivery

in the following manner on November 20, 2014:

____ U.S. Mail ____ FAX

____ Hand Delivery ____ Overnight Courier

____ Federal Express _X__ Other EDMS filing

Signature: _/s/ Wendi Danitz-Hart____________



MIDFIRST BANK,

Plaintiff,

vs.

STEPHEN R. CAMPBELL, ET AL.,

Defendants.


529910

CONSENT TO DECREE

COMES NOW the State of Iowa, Child Support Recovery Unit (“CSRU”), and, for this

Consent to Decree, states:






3. This consent is given on behalf of CSRU only, and not on behalf of any other agency,

department, division, or subdivision of the State of Iowa, or on behalf of any individual

child support obligee.







CONSENT TO DECREE (page 2)




___/s/ William J. Jacobs .

WILLIAM J. JACOBS AT0003756

Assistant Attorney General

Child Support Recovery Unit

6200 Aurora Ave., Ste. 301E

Urbandale, IA 50322

Tel. 515.369.2757

Fax 515.369.2770

Email [email protected]

Copy to:

BENJAMIN HOPKINS


E-FILED 2014 NOV 26 9:25 AM SAC - CLERK OF DISTRICT COURT



E-FILED 2015 JAN 13 1:43 PM SAC - CLERK OF DISTRICT COURT













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1


MIDFIRST BANK :

Plaintiff, : EQUITY NO. EQCV019555

:

: DECREE

vs. :

:

STEPHEN R. CAMPBELL AND

ROSANNA M. CAMPBELL AKA

ROSANNA MARIE CAMPBELL;

:

:

:

CARROLL DENTAL CLINIC

PLC;

:

:

CITY OF SAC CITY, IOWA; :

JENNIFER BAINBRIDGE; :

STATE OF IOWA; :

STATE OF IOWA, IOWA

DEPARTMENT OF HUMAN

SERVICES;

:

:

:

STATE OF IOWA, IOWA

WORKFORCE DEVELOPMENT;

:

:

STATE OF IOWA; :

Defendants. :

NOW, this cause came on to be heard on the application of

Plaintiff, and it appearing to the Court from an inspection of

the Original Notice, the files and record in this cause, that

due, legal and timely personal service of said Original Notice,

with copy of Petition attached thereto was had upon the

following Defendants:

• Carroll Dental Clinic PLC

• City of Sac City, Iowa

• Jennifer Bainbridge

• State of Iowa

• State of Iowa

• State of Iowa, Iowa Department of Human Services

• State of Iowa, Iowa Workforce Development

Proof thereof is now on file in this proceeding.

E-FILED 2015 JAN 15 9:02 AM SAC - CLERK OF DISTRICT COURT

53822

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That personal service could not be had on the following

Defendants:

• Stephen R. Campbell

• Rosanna M. Campbell aka Rosanna Marie Campbell

Said Defendants were duly served by publication of notice and a

copy of said Notice of Petition attached was mailed to said

Defendants at their last known address, if any, proof of which

is now on file herein.

That the Court has jurisdiction of all of the above-

captioned parties and the subject matter hereof.

That the Defendants listed below (the “Defendants in

Default”), have failed to plead and are now in default, and such

default should be entered of record:

• Stephen R. Campbell

• Rosanna M. Campbell aka Rosanna Marie Campbell

• Carroll Dental Clinic PLC

• City of Sac City, Iowa

• Jennifer Bainbridge

That Plaintiff has complied with the provisions of Iowa Rule of

Civil Procedure 1.972, as evidenced by the Request for Default

Judgment Entry filed with this Court; that the allegations of

Plaintiff's Petition are material and true, and Plaintiff is

entitled to judgment against the Defendants as requested in the

Petition.


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IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court

that the Defendants in Default are in default and this default

is hereby entered of record against them.

NOW, on this same day, this cause coming on for final

hearing and determination, Plaintiff, appearing by Petosa,

Petosa & Boecker, L.L.P., its attorney; this cause is now heard

on its merits, and the Court having heard the proof offered by

Plaintiff, and evidence and arguments of counsel, and being

fully advised in the premises,

FINDS:

That the Defendants are not in the military service of the

United States of America, nor are they entitled to any of the

privileges under the provisions of the Servicemembers Civil

Relief Act or amendments thereto.

That the allegations of the Plaintiff are true; that on or

about February 22, 2005 Stephen R. Campbell and Rosanna M.

Campbell executed and delivered a promissory note in writing for

the sum of $38,939.00 with interest at 6.25% per annum from

date, payable in installments (the "Note").

That on the same date, in order to secure the payment of

the Note, Stephen R. Campbell and Rosanna M. Campbell (the

“Mortgagors”) made, executed and delivered to Mortgage

Electronic Registration Systems, Inc., a real estate mortgage on


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the following described real estate (the "Mortgaged Property"),

to-wit:

Part of Outlot Fifteen (15), in Section Thirty-four

(34), Township Eighty-seven (87) North, Range Thirty-

eight (38), West of the 5th P.M., Sac County, Iowa,

described as follows: Beginning at the northeast

corner of said Outlot Fifteen (15) above described,

thence South one hundred forty (140) feet; thence West

one hundred (100) feet; thence North one hundred forty

(140) feet; thence East one hundred (100) feet to the

place of beginning. Said premises being within the

incorporated limits of Town of Odebolt, Sac County,

Iowa AKA A portion of Outlot Fifteen (15),

Section Thirty-four (34), Township Eighty-seven (87)

North, Range Thirty-eight (38) West of the 5th P.M.,

described as follows: Beginning at the Northeast

corner of said Outlot Fifteen (15), thence South 140

feet; thence West 100 feet; thence North 140 feet;

thence East 100 feet to the point of beginning Said

premises being within the incorporated limits of the

Town of Odebolt, Sac County, Iowa

The Mortgage was filed for record February 25, 2005 in 050364,

in the Recorder's Office of Sac County, Iowa.

That the Mortgaged Property is and at all times relevant

hereto was the homestead of the Mortgagors.

That the Plaintiff has the right to initiate and pursue the

foreclosure of the loan because it is the holder of the Note or

is otherwise authorized by the owner of the loan, pursuant to

state law, to foreclose.

The Mortgage constitutes a lien on the Mortgaged Property

prior to any right or interest therein of Defendants, or anyone

claiming by, through or under them, except for the priority of

any unpaid real estate taxes as provided by law; that Plaintiff


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is entitled to the foreclosure of the Note and Mortgage as

prayed in its Petition.

That Plaintiff is further entitled to judgment in rem

against the Mortgaged Property in the following amounts:

Principal $33,528.58

Interest through 1 /1 /2015 $1,923.33

Late Fees $111.63

Protective Advances $2,017.72

plus interest on the principal balance at 6.25% per annum from

January 1, 2015 until satisfied, attorney fees for Plaintiff's

attorneys, Petosa, Petosa & Boecker, L.L.P., in the amount of

$1,300.00; abstract expense of $75.00, additional protective

advances costs and accruing costs herein.

That proper notice of the right to cure said default has

been given to the Mortgagors and Plaintiff has received no

response thereto. That the time to cure the default under Iowa

law has now expired.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court

that Plaintiff be and is hereby granted judgment in rem against

the Mortgaged Property in the following amounts:

Principal $33,528.58

Interest through 1 /1 /2015 $1,923.33

Late Fees $111.63

Protective Advances $2,017.72

Plus interest on the principal amount at 6.25% per annum from

January 1, 2015 until satisfied, attorney fees for Plaintiff's


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attorneys, Petosa, Petosa & Boecker, L.L.P., in the amount of

$1,300.00; abstract expense of $75.00, additional protective

advances, costs and accruing costs.

That the Mortgage is hereby foreclosed as a first lien

against the Mortgaged Property, except for the priority of any

unpaid real estate taxes, as provided by law.

That Plaintiff is entitled to foreclosure without

redemption pursuant to Iowa Code Section 654.20 and that the

Mortgagors have not filed a written demand to delay sale.

That special execution issue to satisfy said judgment,

interest, late fees, attorney fees, abstract expense, protective

advances, costs and accruing costs herein, and the Mortgaged

Property be sold according to law to satisfy the amount due

under this Decree and the Defendants herein or anyone claiming

by, through or under them, be forever barred and foreclosed of

any interest in the Mortgaged Property; that it is further

ordered, adjudged and decreed by the Court, that if the

Mortgaged Property be sold, the Clerk of this Court shall issue

to the Sheriff of said County, a writ of removal and possession,

commanding him to put the grantee named in the Sheriff's deed,

or his grantee, in possession thereof, and to remove any

Defendants, or persons claiming by, through or under him, or any

person in possession thereof, out of such possession of the

Mortgaged Property.


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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Court

will retain jurisdiction of this action to determine the

distribution of any excess of the sale proceeds over the amount

of the Mortgage indebtedness including interest, late fees,

attorney fees, abstracting charges, advances and costs in

accordance with the relative priority of the parties as set

forth in Plaintiff’s Petition or as determined by the Court.


State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleEQCV019555 MIDFIRST BANK VS. STEPHEN R. CAMPBELL, ET AL

So Ordered

Electronically signed on 2015-01-15 09:02:51 page 8 of 8



MIDFIRST BANK, Plaintiff, vs. STEPHEN CAMPBELL, et al. Defendants.


CONSENT TO DECREE

COMES NOW the Iowa Workforce Development, and for this Consent to Decree, states:






3. This consent is given on behalf of the Iowa Workforce Development only, and not on

behalf of any other agency, department, division, or subdivision of the State of Iowa.









_/S/Barbara E. B. Galloway______________ Barbara E.B. Galloway, AT0002627

Assistant Attorney General Hoover Building - 2nd Floor 1305 E. Walnut St. Des Moines, IA 50319 Telephone: (515) 281-8330 Facsimile: (515) 281-7219 ATTORNEYS FOR STATE OF IOWA, IOWA DEPARTMENT OF HUMAN SERVICES

Original filed; Copy to: Benjamin W. Hopkins Petosa, Petosa & Boecker, L.L.P. 1350 N.W. 138th Street, Suite 100 Clive, Iowa 50325-8308 ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was served upon each of the persons identified as receiving a copy by delivery in the following manner on January 21, 2015: ____ U.S. Mail ____ FAX ____ Hand Delivery ____ Overnight Courier ____ Federal Express _X__ Other EDMS filing

Signature: _/s/ Wendi Danitz-Hart____________


Documents

EQCV019555- Foreclosure petition on Odebolt property results in judgment in the amount $38,939.00.pdf