from the Iowa District Court for Black Hawk County, Andrea
Hoosman appeals the denial of his motion to set aside default
Schmidt of Iowa Legal Aid, Dubuque, Nathan Peters of Iowa
Legal Aid, Waterloo, and Alexander Vincent Kornya of Iowa
Legal Aid, Des Moines, for appellant.
Charles P. Augustine of Klatt, Augustine, Treinen &
Rastede, P.C., Waterloo, for appellee.
by Bower, C.J., and May and Greer, JJ.
Hoosman appeals from the district court's denial of his
motion to set aside a default judgment. We affirm.
Facts and Prior Proceedings
owned the property described as the west thirty feet of lot
eleven in Shilliam's Second Subdivision, Waterloo, Black
Hawk County, Iowa. But Hoosman failed to pay the property
taxes. In 2016, an entity named Wago 131 purchased the
property at a public sale. In 2018, Wago 131 assigned the
certificate of sale, its rights, and deed to the property to
No Boundry, LLC.
January 14, 2019, No Boundry commenced this action to recover
the property from Hoosman pursuant to Iowa Code chapter 646
(2019). Hoosman was served two days later. On February 6, No
Boundry mailed Hoosman its Notice of Intent to File Written
Application for Default Judgment. But he never filed an
answer or counterclaim.
Boundry then filed its application for default judgment. The
court entered default judgment and issued a Writ of Removal
days later, Hoosman filed a motion to set aside the default
judgment and stay the writ. Hoosman claimed he was legally
disabled. Therefore, he claimed, his right of redemption
under Iowa Code section 447.7(2) remains for one year
following removal of his disability. Moreover, he contended,
Iowa Rule of Civil Procedure 1.211 prohibited entry of
judgment against him because he was "a party . . .
adjudged incompetent." As support, Hoosman submitted a
competency evaluation from May 2013. The competency
evaluator, a licensed psychologist, opined Hoosman was not
competent to stand trial in two criminal cases.
nothing in the record shows that any court has ever found
Hoosman incompetent. And nothing in the record shows Hoosman
was impaired in 2019, when he was served with process but
failed to timely respond.
motion came before the district court in an unrecorded
hearing. The court denied Hoosman's motion. This appeal