Wells Fargo Bank, N.A. v. Valley Bank & Trust, 12–2031.
| Decision Date | 05 September 2013 |
| Docket Number | No. 12–2031.,12–2031. |
| Citation | 839 N.W.2d 675 |
| Parties | WELLS FARGO BANK, N.A., Successor by Merger to Wells Fargo Home Mortgage, Inc. Plaintiff, v. VALLEY BANK AND TRUST n/k/a State Savings Bank, Defendant–Appellant, and Primebank, Defendant–Appellee. |
| Court | Iowa Court of Appeals |
Therefore, regardless of the expansive future advances clause in paragraph four of the mortgage instrument, no amount of the second promissory note could be secured by the mortgage at the time it was executed. As such, I would affirm the holding of the district court.
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4 cases
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Sanborn Sav. Bank v. Freed
...DEBTS AND FUTURE ADVANCES " on the second page of the Mortgage. See Wells Fargo Bank, N.A. v. Valley Bank & Tr., 839 N.W.2d 675, 2013 WL 4767889, at *2 (Iowa Ct. App. Sept. 5, 2013) (unpublished table decision) (concluding the parties intended the future advances clause to cover the notes w......
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In re Freed
...The parties clearly stated their intent to cover such notes in the future advances clause.Wells Fargo Bank, N.A. v. Valley Bank & Tr., 839 N.W.2d 675, 2013 WL 4767889 at *2 (Iowa Ct. App. 2013). This case is like Wells Fargo and this Court's ruling in McMahon. The future advance clause in t......
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Sanborn Sav. Bank v. Freed
... ... See Wells Fargo Bank, N.A. v. Valley Bank &Tr., ... ...
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In re McMahon, Bankruptcy No. 18-00443
...The parties clearly stated their intent to cover such notes in the future advances clause.Wells Fargo Bank, N.A. v. Valley Bank & Tr., 839 N.W.2d 675, 2013 WL 4767889 at *2 (Iowa Ct. App. 2013). The Court of Appeals thus concluded that the future advance clause was effective. Id. at *3. Her......