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BANK OF AMERICA, N.A. v. SCHULTE

No. 13-0071.

843 N.W.2d 876 (2014)

BANK OF AMERICA, N.A., as Successor by Merger to BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, LP, Appellee, v. Scott A. SCHULTE and Marisel Del Valle a/k/a Maritza I. Del Valle, Appellants.

Supreme Court of Iowa.

March 7, 2014.

Attorney(s) appearing for the Case

Gary J. Shea of Gary J. Shea Law Offices, Cedar Rapids, for appellants.

Brian C. Walsh and Kevin M. Abel of Bryan Cave L.L.P., St. Louis, Missouri, for appellee.

ZAGER, Justice.

Almost two years after entry of a foreclosure decree, Bank of America, N.A. (Bank of America) sought to have its foreclosure action rescinded pursuant to Iowa Code section 654.17. Contemporaneously, Bank of America also filed a motion to set aside decree and obtained an ex parte order from the district court setting aside the decree. Scott Schulte and Marisel Del Valle, whose real property had been foreclosed...

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