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IOWA STATE BANK & TRUST CO. v. MICHEL

No. 02-1055.

683 N.W.2d 95 (2004)

IOWA STATE BANK & TRUST CO., Appellee, v. Phillip H. MICHEL and Marci K.Z. Michel, Appellants.

Supreme Court of Iowa.

As Modified Upon Denial of Rehearing July 9, 2004.

Attorney(s) appearing for the Case

Thomas L. Fiegen, Susan Daufeldt, and John G. Daufeldt of Fiegen Law Firm, P.C., Cedar Rapids, for appellants.

Gregg Geerdes, Iowa City, for appellee.

TERNUS, Justice.

This case concerns efforts by the plaintiff, Iowa State Bank & Trust Co., to reach homestead property owned by the defendants, Phillip and Marci Michel, to satisfy a personal judgment entered against the defendants on a defaulted loan. Although the Michels waived the statutory homestead exemption applicable to their property when they mortgaged the property as security for the loan, they did not sign the agricultural homestead disclosure required...

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