Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Third Federal Savings & Loan Association of Cleveland Successor By Merger to Deepgreen Bank v. Randy L. Beltramea, L.L.C.

Court of Appeals of Iowa

June 7, 2017

THIRD FEDERAL SAVINGS & LOAN ASSOCIATION OF CLEVELAND SUCCESSOR BY MERGER TO DEEPGREEN BANK, Plaintiff-Appellee,
v.
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.

         Appeal from the Iowa District Court for Linn County, Paul D. Miller, Judge.

         Randy Beltramea appeals from the summary judgment rulings and foreclosure decree entered in a mortgage-foreclosure action. AFFIRMED.

          Webb L. Wassmer of Wassmer Law Office, P.L.C., Marion, for appellants.

          Tara 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.

          DOYLE, Judge.

         Randy Beltramea[1] 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, [2] 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.

         I. Background Facts and Proceedings.

         In July 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.

         By 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.

         In her 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 priority."[3]

         Randy answered and affirmatively asserted that Carol had no rights to the property.[4] 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 the property.

         Third 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.

         An 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.