WELLS FARGO vs SWENSON | Iowa order denying foreclosure - failure to comply with mandatory HUD servicing regulations

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WELLS FARGO vs SWENSON | Iowa order denying foreclosure – failure to comply with mandatory HUD servicing regulations

WELLS FARGO vs SWENSON | Iowa order denying foreclosure – failure to comply with mandatory HUD servicing regulations

IN THE IOWA DISTRICT COURT FOR MARION COUNTY

WELLS FARGO BANK NA
Plaintiff(s)

VS.

RODNEY R SWENSON
SPOUSE OF RODNEY R SWENSON
PARTIES IN POSSESSION
Defendant(s)

The Court has carefully reviewed the Defendant’s motion for summary judgment and the Plaintiff’s
resistance thereto. The Plaintiff has failed to submit an adequate defense to the motion as
contemplated by IRCivP 1.981(5). The Plaintiff’s resistance consists of conclusory denials that fail to
adequately rebut the affidavit submitted in support of the Defendant’s summary judgment motion.

ABN AMRO Mortg, Group, Inc. v. Tullar, 770 NW2d 851 (Iowa App. 2009) (Table of Unpublished
Decisions) provides persuasive authority for the conclusion that failure to comply with HUD
regulations provides a defense to the foreclosure of a HUD subsidized mortgage. By concluding
that the record establishes a failure on the part of the Plaintiff Bank to comply with mandatory HUD
regulatory requirements, the Court finds that the Defendant has established an “impenetrable shield”
that precludes granting the Plaintiff’s foreclosure petition in this action.

The Defendant’s summary judgment motion is granted. The Plaintiff’s foreclosure petition is
dismissed.

IT IS SO ORDERED ON THIS DAY 03/08/13.

Copies to:

BRIAN G SAYER
531 COMMERCIAL ST STE 250
PO BOX 2363
WATERLOO IA 50704

C. ANTHONY CRNIC, III
531 COMMERCIAL ST STE 250
PO BOX 2363
WATERLOO IA 50700

DAVID MICHAEL LOETZ
CLERK DISTRICT COURT
MARION COUNTY IOWA
IOWA LEGAL AID
112 EAST THIRD ST
OTTUMWA IA 52501

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One Response to “WELLS FARGO vs SWENSON | Iowa order denying foreclosure – failure to comply with mandatory HUD servicing regulations”

  1. Stupendous Man - Defender of Liberty, Foe of Tyranny says:

    Understanding the meaning of “conclusory,” and recognizing such, is valuable.

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