Blog posts in category Mollie Pawlosky

The second and third protections for ag borrowers during foreclosure

Posted on 03/02/2017 at 10:03 AM by Mollie Pawlosky

Categories: Mollie Pawlosky, Real Estate & Land Use

Tagged As: ag lending, agriculture, foreclosures, Iowa farmland, protections for agricultural borrowers

The second and third protections for ag borrowers during foreclosure

The second protection: The lender must attempt mediation. A lender shall not initiate a proceeding to foreclose a mortga...

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The first protection for ag borrowers during foreclosure

Posted on 03/02/2017 at 09:47 AM by Mollie Pawlosky

Categories: Mollie Pawlosky, Real Estate & Land Use

Tagged As: ag lending, agriculture, foreclosures, Iowa farmland, protections for agricultural borrowers

The first protection for ag borrowers during foreclosure

The first protection:  The lender must give the borrower a notice to cure default. A creditor shall not initiate an...

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District Court must address whether contract merged into deed

Posted on 11/02/2016 at 08:15 AM by Mollie Pawlosky

Categories: Mollie Pawlosky, Real Estate & Land Use

Tagged As: Iowa Court of Appeals, Iowa real estate, Krummen v Winger, purchase agreement, real estate contract, real estate deed

District Court must address whether contract merged into deed

In general, a contract to convey land merges into the deed that is executed in order to convey the land, and the deed th...

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Judge correct in overturning jury verdict, when agreement too speculative to enforce

Posted on 11/02/2016 at 07:32 AM by Mollie Pawlosky

Categories: Litigation & Trial Law, Mollie Pawlosky, Real Estate & Land Use

Tagged As: breach of contract, equitable claim, Iowa Commercial Litigation, Iowa Court of Appeals, Iowa real estate law, motion for judgment, verdict

Judge correct in overturning jury verdict, when agreement too speculative to enforce

In every jury trial, after the verdict is rendered, the defendant should consider whether it is appropriate to ask the c...

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No guardian ad litem is required for in rem proceedings

Posted on 11/02/2016 at 07:21 AM by Mollie Pawlosky

Categories: Litigation & Trial Law, Mollie Pawlosky, Real Estate & Land Use

Tagged As: guardian, guardian ad litem, Iowa Commercial Litigation, Iowa Court of Appeals, Iowa real estate, Iowa Rule of Civil Procedure

No guardian ad litem is required for in rem proceedings

The City of Des Moines, after several inspections, brought an action to condemn a house and declare it a public nuisance...

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“Tentative bid” lacked sufficient definition to constitute a contract

Posted on 08/01/2016 at 10:50 AM by Mollie Pawlosky

Categories: Construction Law, Mollie Pawlosky, Real Estate & Land Use

Tagged As: construction, contractors, Iowa Court of Appeals, Iowa Real Estate & Land Use, Liphardt v Shaw

“Tentative bid” lacked sufficient definition to constitute a contract

Brian and Tracy Liphardt alleged that they entered a contract with Scott Shaw to renovate their home. After a bench tria...

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Liquidated damages may not impose a penalty

Posted on 07/28/2016 at 07:30 AM by Mollie Pawlosky

Categories: Commercial Litigation, Mollie Pawlosky, Real Estate & Land Use

Tagged As: breach of contract, independent contractor, Iowa Court of Appeals, Iowa Supreme Court, Carroll v REO, LLC, RE/MAX, liquid damages, brokers

Liquidated damages may not impose a penalty

In Carroll v. REO, LLC, a real estate agent sued her former brokerage, arguing that the liquidated damages term in her i...

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Supreme Court's ruling in NSC v. Westlake puts Iowa in the minority

Posted on 07/01/2016 at 07:36 AM by Mollie Pawlosky

Categories: Construction Law, Mollie Pawlosky, Real Estate & Land Use

Tagged As: construction, contractors, defective construction, developers, Iowa Real Estate & Land Use, SCOTUS, subcontractors

Supreme Court's ruling in NSC v. Westlake puts Iowa in the minority

On June 10, 2016, a closely divided Iowa Supreme Court in National Surety Corporation v. Westlake Investments, LLC, No....

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Defendants: Make sure you raise and prove your affirmative defenses

Posted on 07/01/2016 at 07:00 AM by Mollie Pawlosky

Categories: Commercial Litigation, Litigation & Trial Law, Mollie Pawlosky, Real Estate & Land Use

Tagged As: breach of contract, farm ownership, Iowa Commercial Litigation, Iowa Court of Appeals decision, Iowa real estate, leasing farmland

Defendants: Make sure you raise and prove your affirmative defenses

In an opinion issued on June 29, 2016, the Iowa Court of Appeals emphasized that a defendant must both plead and prove a...

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Contradictory affidavit rule

Posted on 06/01/2016 at 12:32 PM by Mollie Pawlosky

Categories: Banking Law, Mollie Pawlosky, Real Estate & Land Use

Tagged As: Iowa Supreme Court, Estate of Paul Dedrick v Daniel J Baldi

Contradictory affidavit rule

The Iowa Supreme Court opinion Estate of Paul Dedrick v. Daniel J. Baldi, No. 14-1547 (May 6, 2016) addressed many impor...

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