The Iowa Supreme Court ruled in favor of Mason City homeowner Lynae D McMillen Dickey Tesdall, overturning a foreclosure judgment initiated by Wells Fargo and later pursued by Newrez LLC. Although Tesdall had co-purchased the home with Donald S Aegerter in 2019, the lender sent default notices exclusively to Aegerter after he moved out and the account fell into arrears. Wells Fargo subsequently refused to disclose loan payment details to Tesdall, which prevented her from clearing the delinquent balance of $6,110.54. The justices held that Iowa Code Section 654.2D mandates separate cure notices for all borrowers designated on the mortgage document.
Key points
Lenders in Iowa must provide separate default and cure notices to co-owners named on a mo…: Lenders in Iowa must provide separate default and cure notices to co-owners named on a mortgage document.
Individuals designated as borrowers on a mortgage are entitled to statutory cure protecti…: Individuals designated as borrowers on a mortgage are entitled to statutory cure protections regardless of promissory note liability.
Mortgage servicers cannot restrict payment information from titled borrowers who are lega…: Mortgage servicers cannot restrict payment information from titled borrowers who are legally eligible to resolve delinquent balances.
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Owning a home jointly does not always mean both owners sign the same loan documents. But when a lender moves to foreclose on a property, the distinction can become crucial, particularly when one co-owner is not given an opportunity to prevent the foreclosure. In Iowa, a woman who jointly owned and lived in a house but had never signed its promissory note challenged a foreclosure after the lender failed to send her a notice giving her an opportunity to catch up on missed payments.
The Iowa
Supreme Court ruled in her favour on November 6, 2026, in Newrez LLC, d/b/a Shellpoint Mortgage Servicing v. Lynae D McMillen Dickey Tesdall. The
decision, available on Justia, reversed the district court's foreclosure judgment and vacated an earlier appeals court decision. The justices held that the woman qualified as a borrower under the mortgage and was therefore entitled to a separate notice of her right to cure the default before foreclosure proceedings could move forward.
Woman co-owned the house but did not sign the loan note
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