WELLS FARGO vs SWENSON | Iowa order denying foreclosure - failure to comply with mandatory HUD servicing regulations
IN THE IOWA DISTRICT COURT FOR MARION COUNTY
WELLS FARGO BANK NA Plaintiff(s) VS. RODNEY R SWENSON SPOUSE OF RODNEY R SWENSON PARTIES IN POSSESSION Defendant(s) The Court has carefully reviewed the Defendant's motion for summary judgment and the Plaintiff's resistance thereto. The Plaintiff has failed to submit an adequate defense to the motion as contemplated by IRCivP 1.981(5). The Plaintiff's resistance consists of conclusory denials that fail to adequately rebut the affidavit submitted in support of the Defendant's summary judgment motion. ABN AMRO Mortg, Group, Inc. v. Tullar, 770 NW2d 851 (Iowa App. 2009) (Table of Unpublished Decisions) provides persuasive authority for the conclusion that failure to comply with HUD regulations provides a defense to the foreclosure of a HUD subsidized mortgage. By concluding that the record establishes a failure on the part of the Plaintiff Bank to comply with mandatory HUD regulatory requirements, the Court finds that the Defendant has established an "impenetrable shield" that precludes granting the Plaintiff's foreclosure petition in this action. The Defendant's summary judgment motion is granted. The Plaintiff's foreclosure petition is dismissed. IT IS SO ORDERED ON THIS DAY 03/08/13. Copies to: BRIAN G SAYER 531 COMMERCIAL ST STE 250 PO BOX 2363 WATERLOO IA 50704 C. ANTHONY CRNIC, III 531 COMMERCIAL ST STE 250 PO BOX 2363 WATERLOO IA 50700 DAVID MICHAEL LOETZ CLERK DISTRICT COURT MARION COUNTY IOWA IOWA LEGAL AID 112 EAST THIRD ST OTTUMWA IA 52501