IN THE IOWA DISTRICT COURT FOR Polk COUNTY
PREMIER CREDIT UNION,
PLAINTIFF
vs.
THERESA M. HOWELL, SPOUSE OF THERESA M. HOWELL, IF ANY, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PARTIES IN POSSESSION AND CITIBANK, N.A.,
DEFENDANTS
EQUITY NO. EQCE092423
ORIGINAL NOTICE FOR PUBLICATION
TO THE ABOVE NAMED DEFENDANTS:
You are hereby notified that there is a petition on file in the office of the clerk of the above court which petition prays for a judgment in rem against the property involved in this action for the sum of $66,479.84 with interest at 6.75% per annum from and including January 1, 2025, on the promissory note executed by Theresa M. Howell, a single person and mortgage executed by Theresa M. Howell, a single person to Premier Credit Union and assigned to Plaintiff, who is the sole and absolute owner thereof.
Said note, together with the mortgage given to secure the same are due and payable by reason of the failure of the Defendants Theresa M. Howell, a single person to pay the installments of principal when due. Plaintiff also prays in said Petition for the foreclosure of said mortgage dated January 18, 2023 recorded in Book 19379 Page 830 in the Recorder's Office of Polk County, Iowa, with said note dated January 18, 2023 on the following described property, to-wit:
Lot 23A in Elk Run Plat 3, an Official Plat, now included in and forming a part of the City of Elkhart, Polk County, Iowa
and also asking that said mortgage be declared a prior and superior lien to that of each of the above named Defendants; for appointment of a receiver; for the amount paid by Plaintiff for attorneys' fees, abstract expense, costs and accruing costs of this action; that special execution issue for the sale of said real estate to satisfy said judgment, interest, attorneys' fees and costs and for such other and further relief as may be just and equitable.
FOR FURTHER PARTICULARS, SEE COPY OF PETITION NOW ON FILE.
THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL THREE MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE.
The Plaintiff's attorneys are Petosa Law LLP by Benjamin W. Hopkins, whose address is 1350 NW 138th Street, Suite 100, Clive, IA 50325, telephone number 515-222-9400, facsimile number 515-222-9121.
You must serve a motion or answer on or before the 20th day of June, 2026, and within a reasonable time thereafter file your motion or answer in the Iowa District Court of Polk County, at the Courthouse in Des Moines, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition.
This case has been filed in a county that utilizes electronic filing. You should refer to (i) Iowa Court Rules Chapter 16 for general rules and information on electronic filing; and (ii) Iowa Court Rules Chapter 16, division VI regarding the protection of personal information in court filings.
If you require assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (515) 286-3394. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942).
YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS.
May 17, 24, 31 2026
LIOW0519457