VINCENT N. MUMMAU, Plaintiff-Appellant,
ESTATE OF BEVERLY KRAUS and MICHAEL J. TSCHIRIGI, Clayton County Sheriff, Defendants-Appellees.
from the Iowa District Court for Clayton County, David P.
appeals the district court's decision granting summary
judgment to defendants on his petition to set aside a
Matthew M. Sahag of Dickey & Campbell Law Firm, P.L.C.,
Des Moines, for appellant.
A. Roeder of Roeder Law Office, Manchester, and Robert G.
Tully and Benjamin G. Arato of Law Offices of Rob Tully,
P.C., West Des Moines, for appellee Estate.
Reddick of Kane, Norby & Reddick, P.C., Dubuque, for
P.J., Bower, J., and Scott, S.J. [*]
Mummau appeals the district court's decision granting
summary judgment to defendants on his petition to set aside a
sheriff's sale of farmland. We find no error in the
district court's conclusion Mummau had an equitable
interest in the farmland, which was subject to a judgment
lien. Also, we find no error in the district court's
conclusion Mummau's claims concerning the adequacy of the
sale price were moot, as the one-year statutory redemption
period had expired. We affirm the district court decision
granting summary judgment.
Background Facts & Proceedings
was previously convicted of third-degree sexual abuse, in
violation of Iowa Code section 709.4 (2011). His conviction
was upheld on appeal and on a petition for postconviction
relief. See Mummau v. State, No. 16-1909, 2017 WL
3535294, at *7 (Iowa Ct. App. Aug. 16, 2017); State v.
Mummau, No. 12-1082, 2013 WL 2145994, at *7 (Iowa Ct.
App. May 15, 2013).
victim in the criminal case, Beverly Kraus, brought a civil
action against Mummau, seeking damages on the grounds of
sexual battery and sexual abuse. After a trial to the court,
on May 8, 2014, Kraus was awarded $153, 750 in compensatory
damages and $10, 000 in punitive damages, for a total of
time of the civil judgment, Mummau owned approximately 282
acres of farmland, which included 222 acres he was purchasing
by a real estate contract from Marlen and Debra Hakert. The
land was subject to encumbrances of $637, 958. In the civil
action, Mummau stated the net equity in his farming operation
was $556, 323. On February 26, 2014, Mummau signed an
"Assignment of Contract for Collateral Purposes Only,
" to Community Savings Bank (CSB), which was to remain
in effect until all of his debts and obligations to CSB were
obtained a writ of general execution. A notice of levy on the
farmland was sent to Mummau. On June 9, 2015, there was a
sheriff's sale of Mummau's real property. Rodney
Hettinger purchased the property for $151, 000, subject to
19, 2015, Mummau filed a petition to set aside the
sheriff's sale, naming Kraus and the Clayton County
Sheriff, Michael Tschirigi, as defendants.Kraus died on June
17, 2015, and her estate was substituted as a
defendant. In the petition, Mummau claimed the
sheriff should have first sold his personal property or sold
his real property in parcels. He also claimed he had only a
personal property interest in the 222 acres because he was