FEDERAL DEPOSIT INS. CORP. v. HARTWIG

No. 89-1453.

463 N.W.2d 2 (1990)

FEDERAL DEPOSIT INSURANCE CORPORATION, As Receiver of The Hayesville Savings Bank, Appellee, v. Larry L. HARTWIG and Jill J. Hartwig, et al., Appellants.

Supreme Court of Iowa.

November 21, 1990.


Attorney(s) appearing for the Case

John Jellineck of Brown Law Office, Fairfield, for appellants.

G. Mark Rice and Michael R. Nelson of Adams, Howe & Zoss, P.C., Des Moines, for appellee.

Considered by HARRIS, P.J., and LARSON, SCHULTZ, CARTER, and NEUMAN, JJ.


NEUMAN, Justice.

The parties to this farm foreclosure action each claim the right to payments made by the government through the Conservation Reserve Program (CRP). See generally 16 U.S.C. §§ 3831-36 (1988). The district court decided that the payments constitute rent payable to the receiver within the meaning of the "rents and profits" clause of the mortgages and deed of trust executed by the parties. The mortgagors have appealed and we now affirm...

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