May 10, 2024
Mortgage

IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY ROCKET MORTGAGE, LLC F/K/A QUICKEN LOANS, LLC | Legals


IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY ROCKET MORTGAGE, LLC F/K/A QUICKEN LOANS, LLC, Plaintiff, vs. DAYTON MARIK, SPOUSE OF DAYTON MARIK, AND PARTIES IN POSSESSION, Defendants. CASE NO. EQCV115485 ORIGINAL NOTICE FOR PUBLICATION TO THE ABOVE-NAMED DEFENDANT(S): You are notified that a petition has been filed in the office of the clerk of this court, naming you as a defendant in this action, for foreclosure of the property legally described as: LOT 2 OF THE SUBDIVISION OF THE NORTH PART OF LOT 2 OF LOT 3 OF MINERAL LOT 158, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF (Mortgaged Premises) due to a default in making contractual payments on a promissory note; for judgment in rem against the mortgaged premises for the principal amount of $155,074.38 plus interest as provided in the Note and as may have been subsequently adjusted thereafter, fees, costs, and attorney’s fees, for a declaration of the sum due as a lien on the premises, a declaration that the mortgage is prior and superior to all of the other liens on the property, for a special execution to issue for sale of the Mortgaged Premises at sheriff’s sale, for the issuance of a writ of possession, for a appointment of a receiver upon plaintiff’s application, and for such further relief the Court deems just and equitable. FOR FURTHER PARTICULARS SEE THE PETITION NOW CONTAINED IN THE COURT FILE NOTICE 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 YOUR 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. IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY THE SALE, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGED DEBT AND COSTS. IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE. You are further notified that unless you serve and, within a reasonable time thereafter, file a motion or answer on or before April 29 in the Iowa District Court for Dubuque County, Iowa, at the Courthouse in Dubuque, Iowa, judgment by default will be rendered against you for the relief demanded in the Petition. This case has been filed in a county that utilizes electronic filing. Please review Iowa Court Rules Chapter 16 for general rules and information on electronic filing and division VI of Chapter 16 regarding the protection of personal information in court filings. If you need assistance to participate in court due to a disability, call the disability coordinator at 319-833-3274. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. 3t 3/26,4/2,4/9





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