WILLOW TREE INVESTMENTS, INC. v. WILHELM

No. 90-544.

465 N.W.2d 849 (1991)

WILLOW TREE INVESTMENTS, INC., Appellee, v. Earl F. WILHELM, Marilyn P. Wilhelm, Earl F. Wilhelm and Marilyn P. Wilhelm d/b/a Wilhelm Galaxy Homes, Appellants.

Supreme Court of Iowa.

February 20, 1991.


Attorney(s) appearing for the Case

Diane Kutzko, Shuttleworth & Ingersoll, P.C., Cedar Rapids, and Michael J. Huberty, Dyersville, for appellants.

Chip Lowe and Michael J. Cunningham, Adams, Howe & Zoss, P.C., Des Moines, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, NEUMAN, SNELL, and ANDREASEN, JJ.


ANDREASEN, Justice.

The United States Court of Appeals for the Eighth Circuit has certified the following question:

Do the periods of limitation or repose provided in Iowa Code Ann. § 614.21 (West 1950) apply so as to preclude an action between mortgagor and mortgagee to foreclose a mortgage dated more than twenty years before the commencement of the action for foreclosure, where extension agreements concerning the underlying indebtedness were executed...

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