BANCO MORTG. CO. v. STEIL

No. 83-866.

351 N.W.2d 784 (1984)

BANCO MORTGAGE COMPANY, Appellee, v. Danial J. STEIL and Sandra K. Steil, Appellants.

Supreme Court of Iowa.

July 18, 1984.


Attorney(s) appearing for the Case

Robert J. Hearity of O'Brien Law Firm, P.C., Oelwein, for appellants.

Robert C. Griffin of Gallagher, Langlas & Gallagher, P.C., Waterloo, for appellee.

William J. O'Keefe, Des Moines, for amicus curiae Veterans Admin.

Considered en banc.


CARTER, Justice.

The issue on appeal in this mortgage foreclosure action is whether the district court erred in a pre-decree declaratory ruling that the provisions of the mortgage instrument do not impose upon the plaintiff-mortgagee a waiver of its right to claim a deficiency judgment against the mortgagors following execution sale. For reasons which are set forth later in this opinion, we affirm that ruling.

The ruling of the district court from which appeal...

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