THIRD FEDERAL SAVINGS & LOAN ASSOCIATION OF CLEVELAND SUCCESSOR BY MERGER TO DEEPGREEN BANK, Plaintiff-Appellee,
RANDY L. BELTRAMEA, L.L.C., and RANDY L. BELTRAMEA a/k/a RANDY LEE BELTRAMEA, Defendants-Appellants, KAREN SPENCE; STATE OF IOWA-DEPARTMENT OF REVENUE AND FINANCE; UNITED STATES OF AMERICA-INTERNAL REVENUE SERVICE; CAROL S. BELTRAMEA, N/K/A CAROL S. DICK; JAMES L. COOK; JUNE E. COOK; ESTATE OF JAMES RAY FISHER; JOANNE FISHER; CLARENCE DOWELL COBURN; DOROTHY JARMAN COBURN; DISCOVER BANK; ALAN FISHER; LAURA FISHER; ALAN MAHRER; NANCY MAHRER; JAMES TURBETT; SHELLY A. BELTRAMEA, and PARTIES IN POSSESSION, Defendants.
from the Iowa District Court for Linn County, Paul D. Miller,
Beltramea appeals from the summary judgment rulings and
foreclosure decree entered in a mortgage-foreclosure action.
L. Wassmer of Wassmer Law Office, P.L.C., Marion, for
Z. Hall and Mark D. Walz of Davis, Brown, Koehn, Shors &
Roberts, West Des Moines, for appellee.
Considered by Potterfield, P.J., and Doyle and Tabor, JJ.
Beltramea appeals from the district court's
summary judgment rulings and foreclosure decree entered in
this mortgage-foreclosure action. He contends he has standing
to assert that a child support lien and judgment against him
in favor of his ex-wife, Carol Beltramea,  are superior to
the mortgage interest and mortgage lien held by Third Federal
Savings and Loan Association of Cleveland (Third Federal). He
requests we reverse the district court's summary judgment
rulings and remand with directions to pay the child support
lien and judgment out of the proceeds of the foreclosure
sale. Concluding that Randy lacks standing to assert
Carol's interest in the child support lien, and that the
child support lien and judgment are junior to the mortgage
lien, we affirm the district court.
Background Facts and Proceedings.
2003, Randy acquired a residential rental property in Cedar
Rapids. In October 2003, Deepgreen Bank extended Randy an
$80, 000 line of credit. Randy executed a home equity line of
credit agreement and promissory note, as well as an open-end
mortgage. The mortgage was secured by the property. Deepgreen
subsequently merged into Third Federal.
February 2014, Randy was in default on the loan to the tune
of $58, 000 and change. Third Federal filed a foreclosure
petition in July 2014. A flurry of filings ensued, the
details of which are not relevant to this appeal.
answer to the foreclosure petition, Carol affirmatively
stated that there presently existed outstanding child support
judgment liens due and owing against Randy and in favor of
Carol. She also stated that "[i]f a decree [of
foreclosure] is entered, [she] requests that the decree
provide that the proceeds remaining after satisfaction of the
amounts due to [Third Federal], if any, be distributed to
junior lienholders in accordance with their lawful
answered and affirmatively asserted that Carol had no rights
to the property. He later resisted Third Federal's
second supplemental motion for summary judgment and filed his
own cross-motion for summary judgment. Notwithstanding the
affirmative assertion he made in his answer-that Carol had no
interest in the property-Randy asserted in his resistance and
cross-motion that Carol's child support judgment
interests were superior to Third Federal's interest in
Federal responded that Randy "is required to recover on
the strength of his own title rather than the weakness of
[Third Federal]'s claims." It noted Carol had not
asserted the claims Randy purported to assert on her behalf
and that she had not contested the second supplemental motion
for summary judgment.
unreported hearing was held in August 2015. The district
court's ruling was deferred pending a ruling regarding a
forfeiture action pending against Randy in the federal
district court. In February 2016, the federal district court
entered an order that demonstrated the ...