DEUTSCHE BANK NATIONAL TRUST COMPANY, As Trustee, In Trust for the Registered Holders of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-R10, Plaintiff-Appellee, vs. ELMER P. SCHECKEL and SPOUSE OF ELMER P. SCHECKEL, TRACEY SCHECKEL and SPOUSE OF TRACEY SCHECKEL, FIRST NATIONAL BANK OF OMAHA and PARTIES IN POSSESSION, Defendants-Appellants.
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IN THE COURT OF APPEALS OF IOWA
No. 9-712 / 09-0174
Filed October 7, 2009
DEUTSCHE BANK NATIONAL TRUST
COMPANY, As Trustee, In Trust for the
Registered Holders of Ameriquest
Mortgage Securities, Inc., Asset-Backed
Pass-Through Certificates, Series 2004-R10,
Plaintiff-Appellee,
vs.
ELMER P. SCHECKEL and SPOUSE OF
ELMER P. SCHECKEL, TRACEY SCHECKEL
and SPOUSE OF TRACEY SCHECKEL,
FIRST NATIONAL BANK OF OMAHA and
PARTIES IN POSSESSION,
Defendants-Appellants.
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Appeal from the Iowa District Court for Fayette County, Todd A. Geer,
Judge.
The defendants appeal from the district court’s grant of summary
judgment on the plaintiff’s foreclosure petition. AFFIRMED.
Elmer Scheckel and Tracey Scheckel, Oelwein, pro se.
Matthew Laughlin of Davis, Brown, Koehn, Shors & Roberts, P.C., Des
Moines, for appellee.
Considered by Vogel, P.J., and Potterfield, J., and Huitink, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2009).
2
VOGEL, P.J.
Elmer Scheckel and Tracey Scheckel appeal from the district court’s grant
of plaintiff’s motion for summary judgment and supplemental foreclosure decree.
The Scheckels generally challenge the sufficiency of the evidence. However,
they fail to cite any legal authority in support of their assertions. See Iowa R.
App. P. 6.903(2)(g)(3) (2009) (“Failure to cite authority in support of an issue may
be deemed waiver of that issue.”). Further, we agree with the district court’s
finding that there are no material facts in dispute. Upon our review for correction
of errors at law, we find the district court properly entered summary judgment.
See Iowa R. App. P. 6.907 (review for errors at law).
pursuant to Iowa Rule of Appellate Procedure 6.1203.
AFFIRMED.
Therefore, we affirm
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