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BEAL BANK v. SIEMS

No. 02-0556.

670 N.W.2d 119 (2003)

BEAL BANK, Appellant, v. Edwin R. SIEMS, Michael Fort, and Teresa A. Vokoun, Appellees.

Supreme Court of Iowa.

October 8, 2003.

Attorney(s) appearing for the Case

Michael J. Cunningham and Jeffrey A. Kelso of Howe, Cunningham & Lowe, P.L.C., Urbandale, for appellant.

Jerrold Wanek of Garten, Wanek & Morse, Des Moines, for appellees Edwin R. Siems and Teresa A. Vokoun.

Jerry C. Estes of Estes Law Offices, Fort Dodge, for appellee Michael Fort.

TERNUS, Justice.

The appellant, Beal Bank, sought to enforce its rights under various mortgages and personal guaranties given by the appellees, Edwin R. Siems, Michael Fort, and Teresa A. Vokoun, to secure a loan made by a predecessor bank to Douglas Avenue Storage Limited [DASL]. The district court ruled Beal Bank could not foreclose a mortgage given on property owned by Vokoun and located on North 3rd Street in Marshalltown because it was the homestead. The court...

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