Iowa Law Blog : Iowa Lawyer & Attorney : Sullivan & Ward Law Firm : Iowa Law Blog

Today the Iowa Supreme Court released its opinion in Freedom Financial Bank v. Estate of Edward Boesen and Maureen Boesen.  Sullivan & Ward, P.C. represented Freedom Financial Bank in a mortgage foreclosure action against the Estate of Edward Boesen.  The Court affirmed the decision of the Polk County District Court and the Iowa Court of Appeals, ruling that Freedom Financial's purchase money mortgage was superior to a wife's dower interest in intestate property. 

The Court also conducted an extensive analysis of the Iowa Probate Code to determine whether the Estate or Maureen Boesen should receive the remainder of the proceeds from the sale of the subject real estate. 

Stay tuned to the Iowa Law Blog for an analysis of the Court's probate ruling and its effect.

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The Iowa Court of Appeals issued its ruling today in Freedom Financial Bank v. Estate of Edward Boesen et al.  The Court upheld the priority of Freedom Financial's purchase money mortgage which the late Edward Boesen used to buy a commercial property in Ankeny.  Citing century-old case law, the Court noted that prinicples of equity and fairness demand that the mortgage, which was used solely to purchase the property, be acknowledged. 

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