EQCV019555 - Foreclosure Petition On Odebolt Property Results in Judgment in The Amount $38,939.00 PDF

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

______________________________________________________________________________
MIDFIRST BANK,
)
EQUITY NO. EQCV019555
)
Plaintiff,
)
)
vs.
)
)
STEPHEN R. CAMPBELL,
)
CONSENT TO DECREE AND
STATE OF IOWA, et al.,
)
ANSWER BY DEFENDANT
)
STATE OF IOWA
Defendants.
)
______________________________________________________________________________
The State of Iowa asserts:
1.
The State denies the allegations of the Petition for lack of information sufficient
to form a belief. The State lacks information on Plaintiffs documentation or the debtors
payment history, and accordingly takes no position on whether a decree should be entered. The
State encourages use of the Attorney Generals Mortgage Help Hotline (877-622-4866).
2.
If a decree is entered, the State admits its judgment liens are junior to the
mortgage and consents to treatment as a junior lienholder. The State requests that the decree
provide that the proceeds remaining after satisfaction of the amounts due the Plaintiff, if any, be
distributed to junior lien holders in accordance with their lawful priority.
3.
The State requests that a file-stamped copy of the decree or dismissal be
forwarded to the undersigned. This Answer and Consent relates solely to criminal judgment
liens, court costs or other similar liens listed in the Petition as having been entered in favor of the
State of Iowa, and does not relate to taxes, child or other support obligations, or liens entered in
favor of an individually named state agency.
Respectfully submitted,
THOMAS J. MILLER
Attorney General of Iowa
By:
/s/ Pamela D. Griebel
PAMELA D. GRIEBEL
Assistant Attorney General
Hoover Building, 2nd Fl.
Des Moines, IA 50319
Tele: (515) 281-3781
FAX: (515) 281-4209
pgriebe@ag.state.ia.us
ATTORNEY FOR DEFENDANT
STATE OF IOWA
E-FILED 2014 OCT 02 9:48 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 OCT 02 12:03 PM SAC - CLERK OF DISTRICT COURT
RETURN OF SERVICE
IN THE IOWA
DISTRICT COURT
Midfirst Bank vs. Stephen R.

Campbell, et al
Clerks Number:
EQCV019555
Agency Case Number: C1401996
FOR
SAC COUNTY.
RETURN OF SERVICE:
Case Name:
Type of
Service
Code
Personal
Dwelling/Substitute
Hotel, Boarding/Rooming House
Corporation/Association
Official (State, County, City)
Spouse away from residence
Other
X Diligent Search
Notice Rec'd This Date: 09/17/14

I certify that I served a copy of :
Mortgage Mediation Notice

Original Notice
Petition
Notice
Exhibits
Affidavit
Served:
1
2
3
4
5
6
7
8
Type Code
ROSANNA MARIE CAMPBELL

NOTE: 10/09/2014 sheriff fees were paid by Petosa, Petosa & Boecker, ck #88300.
09/25/14 @ 14:45, Jamal Paige, who lives at addr provided, stated that Steven & Rosanna Campbell do not
live their, does not know them (lc)
STEVEN ESCO CAMPBELL

NOTE: 10/09/2014 sheriff fees were paid by Petosa, Petosa & Boecker, ck #88300.
09/25/14 @ 14:45, Jamal Paige, who lives at addr provided, stated that Steven & Rosanna Campbell do not
live their, does not know them (lc)
Fees:
Service / 15
Mileage
TOTAL
$15.00
$5.60
$20.60
MARK H. MILLER, Sheriff

WAPELLO, County, Iowa
Clerk III
By /s/Lisa Craff
Lisa Craff
Fees charged to/paid by Attorney/Party:
Petosa, Petosa & Boecker, L.L.P. % Benjamin Hopkins

Date:_______________________
Printed Monday, October 13, 2014
Official Title
Check #:_______________________
Copy of Original Notice, if served, must be attached to this form.

______________________________________________________________________________
MIDFIRST BANK,
)
)
Plaintiff,
)
)
vs.
)
)
STEPHEN R. CAMPBELL,
)
CONSENT TO DECREE AND
STATE OF IOWA, et al.,
)
AMENDED ANSWER BY
)
DEFENDANT STATE OF IOWA
Defendants.
)
______________________________________________________________________________
The State of Iowa asserts:
1.
The State of Iowa amends its consent to entry of a Decree in favor of Plaintiff to
include lien SMCR012523, in addition to those liens referenced in the foreclosure petition. The
State denies the allegations of the petition for lack of information sufficient to form a belief. The
State lacks information on Plaintiffs documentation or the debtors payment history, and
accordingly takes no position on whether a decree should be entered. The State encourages use
of the Attorney Generals Mortgage Help Hotline (877-622-4866).
2.
If a decree is entered, the State admits its judgment liens are junior to the
mortgage and consents to treatment as a junior lienholder. The State requests that the decree
provide that the proceeds remaining after satisfaction of the amounts due the Plaintiff, if any, be
distributed to junior lien holders in accordance with their lawful priority.
3.
The State requests that a file-stamped copy of the decree or dismissal be
forwarded to the undersigned. This Answer and Consent relates solely to criminal judgment
liens, court costs or other similar liens listed in the Petition as having been entered in favor of the
State of Iowa, and does not relate to taxes, child or other support obligations, or liens entered in
favor of an individually named state agency.
THOMAS J. MILLER
Attorney General of Iowa
By:
/s/ Pamela D. Griebel
PAMELA D. GRIEBEL
Hoover Building, 2nd Fl.
Tele: (515) 281-3781
FAX: (515) 281-4209
pgriebe@ag.state.ia.us
ATTORNEY FOR DEFENDANT
STATE OF IOWA
E-FILED 2014 NOV 07 12:44 PM SAC - CLERK OF DISTRICT COURT
MIDFIRST BANK,
Equity No. EQCV019555
Plaintiff,
vs.
CONSENT TO DECREE
STEPHEN CAMPBELL, et al.
Defendants.
COMES NOW the Iowa Workforce Development, and for this Consent to Decree, states:
1. The State lacks full and complete information on Plaintiffs documentation and the
borrowers payment history. The State encourages those facing foreclosure to utilize the
services of Iowa Mortgage Help (877-622-4866 or IowaMortgageHelp.com).
2. If the Court, after review of the relevant facts, decides a judgment and decree of
foreclosure is proper, the State hereby consents to the entry of such a decree.
3. This consent is given on behalf of the Iowa Workforce Development only, and not on
behalf of any other agency, department, division, or subdivision of the State of Iowa.
4. This consent is given with the understanding that:
a. The decree of foreclosure will contain a provision that any proceeds from the sale
of the property remaining after the satisfaction of the mortgage indebtedness and
costs due the Plaintiff will be distributed to the junior lien holders in accordance
with their relative priority as established by law; and
b. Upon finalization of the proceeding, a file-stamped copy of the final decree or
dismissal will be forwarded to this office.
_/S/Barbara E. B. Galloway______________
Barbara E.B. Galloway, AT0002627
Hoover Building - 2nd Floor
1305 E. Walnut St.
Telephone: (515) 281-8330
Facsimile: (515) 281-7219
ATTORNEYS FOR STATE OF IOWA, IOWA
DEPARTMENT OF HUMAN SERVICES
Original filed; Copy to:
Benjamin W. Hopkins
Petosa, Petosa & Boecker, L.L.P.
1350 N.W. 138th Street, Suite 100
Clive, Iowa 50325-8308
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing instrument was served
upon each of the persons identified as receiving a copy by delivery
in the following manner on November 20, 2014:
____ U.S. Mail
____ Hand Delivery
____ Federal Express
Signature: _/s/
____ FAX
____ Overnight Courier
_X__ Other EDMS filing
Wendi Danitz-Hart____________
MIDFIRST BANK,
Plaintiff,

529910
vs.
CONSENT TO DECREE
STEPHEN R. CAMPBELL, ET AL.,
Defendants.
COMES NOW the State of Iowa, Child Support Recovery Unit (CSRU), and, for this
Consent to Decree, states:
3. This consent is given on behalf of CSRU only, and not on behalf of any other agency,
department, division, or subdivision of the State of Iowa, or on behalf of any individual
child support obligee.

___/s/ William J. Jacobs

.
WILLIAM J. JACOBS
AT0003756
Child Support Recovery Unit
6200 Aurora Ave., Ste. 301E
Urbandale, IA 50322
Tel. 515.369.2757
Fax 515.369.2770
Email CSRUdmr@dhs.state.ia.us
Copy to:
BENJAMIN HOPKINS
CONSENT TO DECREE (page 2)
E-FILED 2014 NOV 26 9:25 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2015 JAN 13 1:43 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2015 JAN 15 9:02 AM SAC - CLERK OF DISTRICT COURT
53822
MIDFIRST BANK
Plaintiff,
vs.
STEPHEN R. CAMPBELL AND
ROSANNA M. CAMPBELL AKA
ROSANNA MARIE CAMPBELL;
CARROLL DENTAL CLINIC
PLC;
CITY OF SAC CITY, IOWA;
JENNIFER BAINBRIDGE;
STATE OF IOWA;
STATE OF IOWA, IOWA
DEPARTMENT OF HUMAN
SERVICES;
STATE OF IOWA, IOWA
WORKFORCE DEVELOPMENT;
STATE OF IOWA;
Defendants.
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:

DECREE
NOW, this cause came on to be heard on the application of

Plaintiff, and it appearing to the Court from an inspection of
the Original Notice, the files and record in this cause, that
due, legal and timely personal service of said Original Notice,
with copy of Petition attached thereto was had upon the
following Defendants:
Carroll Dental Clinic PLC

City of Sac City, Iowa
Jennifer Bainbridge
State of Iowa
State of Iowa
State of Iowa, Iowa Department of Human Services
State of Iowa, Iowa Workforce Development
Proof thereof is now on file in this proceeding.

1
53822
That personal service could not be had on the following
Defendants:
Stephen R. Campbell
Rosanna M. Campbell aka Rosanna Marie Campbell
Said Defendants were duly served by publication of notice and a

copy of said Notice of Petition attached was mailed to said
Defendants at their last known address, if any, proof of which
is now on file herein.
That the Court has jurisdiction of all of the abovecaptioned parties and the subject matter hereof.
That the Defendants listed below (the Defendants in
Default), have failed to plead and are now in default, and such
default should be entered of record:
Stephen R. Campbell
Rosanna M. Campbell aka Rosanna Marie Campbell
Carroll Dental Clinic PLC
City of Sac City, Iowa
Jennifer Bainbridge
That Plaintiff has complied with the provisions of Iowa Rule of

Civil Procedure 1.972, as evidenced by the Request for Default
Judgment Entry filed with this Court; that the allegations of
Plaintiff's Petition are material and true, and Plaintiff is
entitled to judgment against the Defendants as requested in the
Petition.
53822
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court
that the Defendants in Default are in default and this default
is hereby entered of record against them.
NOW, on this same day, this cause coming on for final
hearing and determination, Plaintiff, appearing by Petosa,
Petosa & Boecker, L.L.P., its attorney; this cause is now heard
on its merits, and the Court having heard the proof offered by
Plaintiff, and evidence and arguments of counsel, and being
fully advised in the premises,
FINDS:
That the Defendants are not in the military service of the
United States of America, nor are they entitled to any of the
privileges under the provisions of the Servicemembers Civil
Relief Act or amendments thereto.
That the allegations of the Plaintiff are true; that on or
about February 22, 2005 Stephen R. Campbell and Rosanna M.
Campbell executed and delivered a promissory note in writing for
the sum of $38,939.00 with interest at 6.25% per annum from
date, payable in installments (the "Note").
That on the same date, in order to secure the payment of
the Note, Stephen R. Campbell and Rosanna M. Campbell (the
Mortgagors) made, executed and delivered to Mortgage
Electronic Registration Systems, Inc., a real estate mortgage on
53822
the following described real estate (the "Mortgaged Property"),
to-wit:
Part of Outlot Fifteen (15), in Section Thirty-four
(34), Township Eighty-seven (87) North, Range Thirtyeight (38), West of the 5th P.M., Sac County, Iowa,
described as follows: Beginning at the northeast
corner of said Outlot Fifteen (15) above described,
thence South one hundred forty (140) feet; thence West
one hundred (100) feet; thence North one hundred forty
(140) feet; thence East one hundred (100) feet to the
place of beginning. Said premises being within the
incorporated limits of Town of Odebolt, Sac County,
Iowa
AKA
A portion of Outlot Fifteen (15),
Section Thirty-four (34), Township Eighty-seven (87)
North, Range Thirty-eight (38) West of the 5th P.M.,
described as follows: Beginning at the Northeast
corner of said Outlot Fifteen (15), thence South 140
feet; thence West 100 feet; thence North 140 feet;
thence East 100 feet to the point of beginning Said
premises being within the incorporated limits of the
Town of Odebolt, Sac County, Iowa
The Mortgage was filed for record February 25, 2005 in 050364,
in the Recorder's Office of Sac County, Iowa.
That the Mortgaged Property is and at all times relevant
hereto was the homestead of the Mortgagors.
That the Plaintiff has the right to initiate and pursue the
foreclosure of the loan because it is the holder of the Note or
is otherwise authorized by the owner of the loan, pursuant to
state law, to foreclose.
The Mortgage constitutes a lien on the Mortgaged Property
prior to any right or interest therein of Defendants, or anyone
claiming by, through or under them, except for the priority of
any unpaid real estate taxes as provided by law; that Plaintiff
4
53822
is entitled to the foreclosure of the Note and Mortgage as
prayed in its Petition.
That Plaintiff is further entitled to judgment in rem
against the Mortgaged Property in the following amounts:
Principal
Interest through
Late Fees
Protective Advances
1 /1 /2015
$33,528.58
$1,923.33
$111.63
$2,017.72
plus interest on the principal balance at 6.25% per annum from

January 1, 2015 until satisfied, attorney fees for Plaintiff's
attorneys, Petosa, Petosa & Boecker, L.L.P., in the amount of
$1,300.00; abstract expense of $75.00, additional protective
advances costs and accruing costs herein.
That proper notice of the right to cure said default has
been given to the Mortgagors and Plaintiff has received no
response thereto.
That the time to cure the default under Iowa
law has now expired.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court
that Plaintiff be and is hereby granted judgment in rem against
the Mortgaged Property in the following amounts:
Principal
Interest through
Late Fees
Protective Advances
1 /1 /2015
$33,528.58
$1,923.33
$111.63
$2,017.72
Plus interest on the principal amount at 6.25% per annum from

January 1, 2015 until satisfied, attorney fees for Plaintiff's
5
53822
attorneys, Petosa, Petosa & Boecker, L.L.P., in the amount of
$1,300.00; abstract expense of $75.00, additional protective
advances, costs and accruing costs.
That the Mortgage is hereby foreclosed as a first lien
against the Mortgaged Property, except for the priority of any
unpaid real estate taxes, as provided by law.
That Plaintiff is entitled to foreclosure without
redemption pursuant to Iowa Code Section 654.20 and that the
Mortgagors have not filed a written demand to delay sale.
That special execution issue to satisfy said judgment,
interest, late fees, attorney fees, abstract expense, protective
advances, costs and accruing costs herein, and the Mortgaged
Property be sold according to law to satisfy the amount due
under this Decree and the Defendants herein or anyone claiming
by, through or under them, be forever barred and foreclosed of
any interest in the Mortgaged Property; that it is further
ordered, adjudged and decreed by the Court, that if the
Mortgaged Property be sold, the Clerk of this Court shall issue
to the Sheriff of said County, a writ of removal and possession,
commanding him to put the grantee named in the Sheriff's deed,
or his grantee, in possession thereof, and to remove any
Defendants, or persons claiming by, through or under him, or any
person in possession thereof, out of such possession of the
Mortgaged Property.
53822
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Court
will retain jurisdiction of this action to determine the
distribution of any excess of the sale proceeds over the amount
of the Mortgage indebtedness including interest, late fees,
attorney fees, abstracting charges, advances and costs in
accordance with the relative priority of the parties as set
forth in Plaintiffs Petition or as determined by the Court.
State of Iowa Courts

Type:
OTHER ORDER
Case Number
EQCV019555
Case Title
MIDFIRST BANK VS. STEPHEN R. CAMPBELL, ET AL
So Ordered
Electronically signed on 2015-01-15 09:02:51
page 8 of 8
MIDFIRST BANK,
Plaintiff,
vs.
CONSENT TO DECREE
STEPHEN CAMPBELL, et al.
Defendants.
COMES NOW the Iowa Workforce Development, and for this Consent to Decree, states:
3. This consent is given on behalf of the Iowa Workforce Development only, and not on
behalf of any other agency, department, division, or subdivision of the State of Iowa.
_/S/Barbara E. B. Galloway______________
Barbara E.B. Galloway, AT0002627
Hoover Building - 2nd Floor
1305 E. Walnut St.
Telephone: (515) 281-8330
Facsimile: (515) 281-7219
ATTORNEYS FOR STATE OF IOWA, IOWA
DEPARTMENT OF HUMAN SERVICES
Original filed; Copy to:
Benjamin W. Hopkins
Petosa, Petosa & Boecker, L.L.P.
1350 N.W. 138th Street, Suite 100
Clive, Iowa 50325-8308
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing instrument was served
upon each of the persons identified as receiving a copy by delivery
in the following manner on January 21, 2015:
____ U.S. Mail
____ Hand Delivery
____ Federal Express
Signature: _/s/
____ FAX
____ Overnight Courier
_X__ Other EDMS filing
Wendi Danitz-Hart____________

EQCV019555 - Foreclosure Petition On Odebolt Property Results in Judgment in The Amount $38,939.00 PDF

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E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 09 11:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 22 10:57 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

The State requests that a file-stamped copy of the decree or dismissal be

E-FILED 2014 SEP 22 10:57 AM SAC - CLERK OF DISTRICT COURT

/s/ Pamela D. Griebel

E-FILED 2014 OCT 02 9:48 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 02 9:48 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 02 11:42 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 02 11:45 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 02 11:47 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 02 12:03 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 02 12:04 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 02 12:24 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 07 10:13 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 07 10:13 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 07 10:13 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 07 10:13 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 07 10:13 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 07 10:13 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 10 11:04 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 10 2:31 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 10 2:31 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 13 3:32 PM SAC - CLERK OF DISTRICT COURT

Midfirst Bank vs. Stephen R.

Notice Rec'd This Date: 09/17/14

Mortgage Mediation Notice

ROSANNA MARIE CAMPBELL

STEVEN ESCO CAMPBELL

MARK H. MILLER, Sheriff

Petosa, Petosa & Boecker, L.L.P. % Benjamin Hopkins

Printed Monday, October 13, 2014

Copy of Original Notice, if served, must be attached to this form.

E-FILED 2014 OCT 16 9:59 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 16 9:59 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 17 9:23 AM SAC - CLERK OF DISTRICT COURT