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PUTENSEN v. HAWKEYE BANK OF CLAY COUNTY

No. 96-674.

564 N.W.2d 404 (1997)

Charles PUTENSEN, As Conservator of Carolyn A. Putensen, Appellant, v. HAWKEYE BANK OF CLAY COUNTY, Appellee.

Supreme Court of Iowa.

June 18, 1997.

Attorney(s) appearing for the Case

Ned A. Stockdale of Fitzgibbons Brothers, Estherville, for appellant.

Stephen F. Avery of Cornwall, Avery, Bjornstad & Scott, Spencer, for appellee.

Considered by HARRIS, P.J., and LARSON, NEUMAN, SNELL, and ANDREASEN, JJ.

HARRIS, Justice.

Though the point is disputed, we can assume that a bank had actual knowledge that one of its borrowers who, though not adjudged incompetent, suffered from at least some mental disability. The question is whether, in a foreclosure proceeding under Iowa Code chapter 655A (1993), this actual knowledge obligated the bank to obtain process against the borrower in accordance with Iowa rule of civil procedure 56.1(c) so as to accord the protections established...

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