Newrez LLC, d/b/a Shellpoint Mortgage Servicing v. Lynae D. McMillen Dickey Tesdall
CourtSupreme Court of Iowa
Date FiledNovember 6, 2026
Docket24-1984
StatusPublished
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Full Opinion
In the Iowa Supreme Court
No. 24–1984
Submitted September 10, 2026—Filed November 6, 2026
Newrez LLC, d/b/a Shellpoint Mortgage Servicing,
Appellee,
vs.
Lynae D. McMillen Dickey Tesdall,
Appellant,
and
Donald S. Aegerter; Spouse of Donald S. Aegerter; and
Spouse of Lynae D. McMillen Dickey Tesdall,
Defendants.
On review from the Iowa Court of Appeals.
Appeal from the Iowa District Court for Cerro Gordo County,
Rustin Davenport, judge.
A resident homeowner who signed a mortgage as “borrower” seeks further
review of a decision of the court of appeals affirming a judgment that she was
not entitled to a notice of right to cure. Court of appeals decision vacated,
district court judgment reversed, and case remanded for further
proceedings.
Mansfield, J., delivered the opinion of the court, in which all participating
justices joined. Waterman, J., took no part in the consideration or decision of
the case.
2
David M. Loetz of Iowa Legal Aid, Ottumwa, and Michael G. Byrne (until
withdrawal) of Winston & Byrne, P.C., Mason City, for appellant.
Matthew E. Laughlin, David M. Erickson, Katelynn T. McCollough, and
Steffi S. Lee Dwyer (until withdrawal) of Dentons Davis Brown PC, Des Moines,
for appellee.
3
Mansfield, Justice.
I. Introduction.
Who is a borrower on a mortgage? This case presents the question whether
a part-owner and resident of a house who signs the mortgage as a “borrower”—
but doesn’t sign the underlying note—is entitled to the protections of a
homestead law. The homestead law requires the creditor to give notice of a right
to cure to “a borrower on a . . . mortgage” before attempting to foreclose on the
house. Iowa Code § 654.2D(2) (2023).
We conclude that a person with this status is indeed a borrower on the
mortgage. Therefore, we reverse the judgment of the district court, vacate the
decision of the court of appeals, and remand for further proceedings consistent
with this opinion.
II. Facts and Procedural Background.
A. The 2019 House Purchase, the Note, and the Mortgage. In 2019,
Donald Aegerter and Lynae D. McMillen Dickey Tesdall acquired a house in
Mason City as joint tenants with right of survivorship. Wells Fargo Bank, N.A.,
provided $260,775 in secured financing for the purchase. Wells Fargo prepared
the financing documentation.
Aegerter signed the promissory note, on which he was the only listed
borrower. Tesdall did not sign the promissory note. However, both Aegerter and
Tesdall signed the mortgage as “Borrower.” In addition, under “Definitions,” the
mortgage stated that the “Borrower” was both Aegerter and Tesdall—specifically,
“Donald S. Aegerter, a single person; Lynae D. McMillen Dickey Tesdall, a single
person; as Joint Tenants.”
Furthermore, paragraph 1 of the mortgage provided that “Borrower”—i.e., both
Aegerter and Tesdall—“shall pay when due the principal of, and interest on, the
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debt evidenced by the Note.” Thus, the mortgage obligated both Aegerter and
Tesdall to make timely payments.
At the same time, paragraph 13 of the mortgage made clear that Tesdall
did not have personal liability. It stated that “any Borrower who co-signs this
[mortgage] but does not execute the Note”—such as Tesdall—was co-signing
“only to mortgage, grant and convey the co-signer’s interest in the Property under
the terms of [the mortgage]” and would not be “personally obligated to pay the
sums secured by [the mortgage].”
Another provision of the mortgage, entitled “Notices,” indicated, “Notice to
any one Borrower shall constitute notice to all Borrowers unless Applicable Law
expressly requires otherwise.” In addition, the mortgage provided that “[a]ll rights
and obligations contained in this Security Instrument are subject to any
requirements and limitations of Applicable Law.”
And the last paragraph of the mortgage stated as follows just above the
signatures of Aegerter and Tesdall:
25. HOMESTEAD EXEMPTION WAIVER. I UNDERSTAND
THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED
FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM
JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, I
VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR
THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED
UPON THIS MORTGAGE.
B. Aegerter Moves Out, Tesdall Remains in the House, and the Loan
Goes into Default. Aegerter and Tesdall resided in the house together until
November 2021, when Aegerter moved to Waterloo. Tesdall did not move out; she
continued to live in the house in Mason City.
In May 2022, Aegerter notified the United States Postal Service (USPS) of
his new mailing address in Waterloo. There is nothing in the record to indicate
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that Aegerter told Wells Fargo he had moved. Wells Fargo subscribes to a USPS
service, though, and used that service to update Aegerter’s address.
In June, the loan went into default. In August, Wells Fargo sent notices of
right to cure to Aegerter only at both the Mason City address and the Waterloo
address.1 See Iowa Code § 654.2D(1)–(3) (requiring a creditor to give a notice of
right to cure before bringing a foreclosure action on a homestead and giving the
borrower the right to cure the default within thirty days). Wells Fargo did not
send any notice to Tesdall.
Between July and December, Tesdall tried repeatedly to speak with Wells
Fargo on the phone about amounts due. Wells Fargo’s representatives refused
to give her any information, saying they were not authorized to do so. According
to the notice of right to cure sent to Aegerter in August, the overdue amount at
that time was $6,110.54. Tesdall contends that she could have obtained
sufficient funds to cure the default had she—like Aegerter—received a notice.
C. This Foreclosure Action. In February 2023, Wells Fargo filed a
foreclosure petition against both Aegerter and Tesdall in the Cerro Gordo County
District Court.2 The petition alleged that both of them had failed to pay sums
due under the note, that Wells Fargo had declared the entire balance of the note
due and payable, and that the amount due, including principal, interest, and
1The mortgage provides, “The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender.” Again, there is nothing
to suggest that Aegerter notified Wells Fargo of a new address. The mortgage further provides
that “[t]here may be only one designated notice address under this Security Instrument at any
one time.”
2In August 2024, while the foreclosure proceeding was pending below, Wells Fargo
assigned the mortgage to Newrez LLC, d/b/a Shellpoint Mortgage Servicing. Newrez was then
substituted as the plaintiff in this action. For the sake of simplicity, we refer to the mortgagee as
Wells Fargo throughout this opinion.
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fees, was in excess of $247,000. The petition sought an in rem judgment for
foreclosure of the house.
An exhibit to the petition indicated that no payments had been made on
the mortgage since May 2022. The petition further alleged that Wells Fargo had
given “a Notice of Right to Cure” and that more than thirty days had elapsed
since the notice had been given. Finally, the petition waived Wells Fargo’s right
to a deficiency and made clear that Wells Fargo was electing to proceed only
against the property.
Tesdall answered and, among other things, denied that she had received
a notice of right to cure. She also pointed out that the house was the subject of
a separate partition action between her and Aegerter and that Wells Fargo was
a party to that case, participating through its counsel. Tesdall asked that the
foreclosure action be dismissed.
After some procedural back-and-forth, the district court granted Wells
Fargo’s motion for summary judgment and denied Tesdall’s motion for summary
judgment. The district court concluded that Tesdall was not a “borrower” entitled
to notice under Iowa Code section 654.2D because she was not personally
obligated on the note. Alternatively, it relied on the mortgage provision that
“[n]otice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise.” Finally, while acknowledging that
this issue had not been addressed by anyone, the court observed that “Tesdall
has provided no claim that by not receiving the right of notice to cure, she was
substantially prejudiced by such failure.”3 A foreclosure decree was entered.
3The district court apparently overlooked the paragraph of Tesdall’s affidavit wherein she
stated that if she had received the notice of right to cure, she would have been able to timely
obtain and pay the cure amount.
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Tesdall appealed. We transferred the case to the court of appeals. The
court of appeals affirmed the judgment on the sole ground that Tesdall—having
signed only the mortgage and not the note—was not a borrower within the
meaning of Iowa Code section 654.2D. We granted Tesdall’s application for
further review.
III. Standard of Review.
We review summary judgment rulings for correction of errors at law. See
Shafer v. Santana, 36 N.W.3d 731, 736 (Iowa 2026).
IV. Legal Analysis.
A. The Relevant Law. Iowa Code chapter 654 governs foreclosures in
Iowa. This case concerns Iowa Code section 654.2D, which requires a creditor
who is foreclosing on a mortgage on a homestead to give a notice of right to cure
as follows:
2. A creditor who believes in good faith that a borrower on a
deed of trust or mortgage on a homestead is in default shall give the
borrower a notice of right to cure as provided in section 654.2B. A
creditor gives the notice when the creditor delivers the notice to the
consumer or mails the notice to the borrower’s residence as defined
in section 537.1201, subsection 4.4
3. The borrower has a right to cure the default within thirty
days from the date the creditor gives the notice.
4. a. The creditor shall not accelerate the maturity of the
unpaid balance of the obligation, demand or otherwise take
possession of the land, otherwise than by accepting a voluntary
surrender of it, or otherwise attempt to enforce the obligation until
thirty days after a proper notice of right to cure is given.
b. Until the expiration of thirty days after notice is given, the
borrower may cure the default by tendering either the amount of all
unpaid installments due at the time of tender, without acceleration,
4Iowa Code section 537.1201(4) provides that “the residence of a buyer, lessee, or debtor
is the address given by that person as the person’s residence in a writing signed by the person
in connection with a transaction until the person notifies the person extending credit of a
different address as the person’s residence, and it is then the different address.”
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or the amount stated in the notice of right to cure, whichever is less,
or by tendering any other performance necessary to cure a default
which is described in the notice of right to cure.
5. The act of curing a default restores to the borrower the
borrower’s rights under the obligation and the deed of trust or
mortgage.
Iowa Code § 654.2D(2)–(5).
In short, “a borrower on a . . . mortgage on a homestead” is entitled to a
written notice and a thirty-day opportunity to cure the default before the creditor
may proceed with foreclosure. Id. §§ 654.2B, .2D(1)–(3).
There is no dispute that the house was a homestead. Tesdall lived there.
On the property tax statement, Aegerter and Tesdall were identified as the
co-owners of the house, and a homestead credit was deducted. The fighting issue
in this case, rather, is whether Tesdall was a “borrower on a . . . mortgage” within
the meaning of section 654.2D(2). If so, she was entitled to a notice and
opportunity to cure that she did not receive.
B. Whether Tesdall Was Entitled to a Notice of Right to Cure. The
district court and the court of appeals reasoned that Tesdall was not a borrower
as contemplated by Iowa Code section 654.2D(2). It was dispositive, in their view,
that Tesdall had not signed the note and was not personally liable to repay it. As
the court of appeals put it, “[S]he is not a borrower by the plain and ordinary
meaning of that term.”5
5The court of appeals also relied on its unpublished decision in Christiana Bank & Trust
Co. v. Haddon, No. 08–0406, 2009 WL 1219321, at *2–3 (Iowa Ct. App. May 6, 2009). But apart
from being nonprecedential, that decision is not on point. There, Liske purchased a house from
the Haddons. Id. at *1. The purchase was financed by a third-party mortgagee. Id. Subsequently,
Liske transferred ownership of the house to Julia Haddon in satisfaction of his debts to her. Id.
When the mortgagee foreclosed on the mortgage, it sent Liske a notice of right to cure, but there
is no indication it sent a notice to the Haddons. Id. Julia Haddon argued that she was entitled
to a notice of right to cure. Id. The court of appeals ruled otherwise because Julia Haddon was
not a party to the mortgage. Id. at *3. As the court of appeals explained,
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We respectfully disagree. To begin, we must read the statute as a whole.
See Cnty. Bank v. Shalla, 20 N.W.3d 812, 818 (Iowa 2025). Section 654.2D(2)
doesn’t refer to “borrower” in the abstract. It refers to a borrower on a mortgage.
Iowa Code § 654.2D(2). This dovetails with the fact that section 654.2D(2) is a
real property law protecting homesteads. Id. § 654.2D(2), (8). It provides a special
limit on foreclosure of homesteads, not a shield against personal liability. Id. We
know that Tesdall is a borrower on the mortgage because the mortgage—prepared
by Wells Fargo—said that she was.
Wells Fargo characterizes its designation of Tesdall as a “borrower” in the
mortgage as a mere “drafting tool.” But that’s not correct. Tesdall was a 50%
owner and resident of the house. According to paragraph 1 of the mortgage,
Tesdall—as much as Aegerter—was obligated to make the payments when due
under the note to keep the mortgage from going into default.
Furthermore, Aegerter could not convey Tesdall’s 50% homestead interest.
To overcome Tesdall’s homestead and foreclose on the entire property, Wells
Fargo needed to be able to say that it was satisfying a debt that she had
contracted for. That’s because Iowa Code section 561.21(2) is limited in scope
and allows the creditor to seize and sell the homestead only when it is doing so
“to satisfy debts . . . contract[ed] by persons having the power to convey.” Given
that Tesdall had contracted a debt, she was a borrower.6
Julia does not claim to be a “borrower” on Liske’s mortgage. Under the clear terms
of the statute, Julia was not entitled to statutory notice of right to cure. The trial
court correctly determined the Haddons were not parties to the mortgage, and as
such, were not borrowers entitled under Iowa law to the notice of a right to cure.
Id. Here, of course, Tesdall is a party to the mortgage. If anything, this prior court of appeals
decision supports her position, not Wells Fargo’s.
6Wells Fargo admitted below:
The Bank would not have granted the original loan in this case without
the authorized signature of Defendant Tesdall as co-owner of the property, as one
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Additionally, it is not correct to say that Tesdall could not be a borrower
because she wasn’t personally liable to pay money to Wells Fargo. She had a
50% ownership of the house that she had pledged to Wells Fargo to obtain the
loan. In effect, Tesdall had a nonrecourse loan from Wells Fargo.
A rule of construction also favors Tesdall’s position. Iowa Code section
654.2D is a special protection for the homestead. See id. § 654.2D(2), (8). It
requires the lender to serve a specific notice to a borrower on a mortgage on a
homestead before proceeding with foreclosure. Id. §§ 654.2B., .2D(1)–(2).
In this case the property served as Tesdall’s homestead. And we have said,
“ ‘[T]o secure the benevolent purposes of the homestead laws,’ we construe these
laws broadly and liberally ‘in favor of the beneficiaries of the legislation.’ ” In re
Est. of Tolson, 690 N.W.2d 680, 682 (Iowa 2005) (alteration in original) (quoting
Millsap v. Faulkes, 20 N.W.2d 40, 42 (Iowa 1945)); see also Martin v. Martin,
720 N.W.2d 732, 738 (Iowa 2006) (reiterating the special legal procedures to
protect homestead rights in Iowa).
Finally, some out-of-state authorities—specifically a series of New York
appellate decisions—support Tesdall’s position. An illustrative case is Bank of
New York Mellon v. Forman, 110 N.Y.S.3d 136, 137 (App. Div. 2019). There,
Solomon Forman borrowed $333,700, with the note secured by a mortgage on a
house owned by his spouse. Id. His spouse signed the mortgage but not the note.
Id. at 137–38. The court held that the spouse—having been identified as a
borrower in the mortgage—was entitled to notice before the bank initiated
foreclosure proceedings. Id. at 138. The court explained,
accordingly giving 50% of the property’s equity as collateral to the original note
and mortgage and subject to the complete foreclosure of the real estate mortgage
itself.
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We agree with the defendant that under the circumstances of
this case, she was a “borrower” for purposes of RPAPL 1304.
While RPAPL 1304 provides that the notice shall be sent to the
“borrower,” that term is not defined in the statute. It is undisputed
that only the defendant’s deceased husband, Solomon Forman, is
identified as a “borrower” in the note which is secured by the
mortgage. That is not determinative in this case. In the mortgage
instrument, the defendant is referred to as a borrower. On the first
page of the mortgage instrument, under the heading entitled “Words
Used Often in this Document,” the defendant is identified, along with
her husband, as “ ‘Borrower.’ ” The defendant is also designated as
“Borrower” under her signature on the signature page of the
mortgage instrument. While the plaintiff contends that this standard
mortgage form mischaracterizes the defendant as a borrower, any
ambiguities in the language of the document must be construed
against the plaintiff, as the plaintiff is the party who supplied the
document.
Id. (citations omitted). Forman is not a solo performance. Several other recent
New York appellate decisions have likewise held that a homeowner who did not
sign the note but was identified as a “borrower” in the mortgage was entitled to
the statutory preforeclosure notice. See Deutsche Bank Nat’l Tr. Co. v. Cincu,
214 N.Y.S.3d 107, 110 (App. Div. 2024); Green Tree Servicing, LLC v. Helmsorig,
212 N.Y.S.3d 668, 670–71 (App. Div. 2024); HSBC Bank USA v. Bott,
212 N.Y.S.3d 349, 351–52 (App. Div. 2024); Wells Fargo Bank v. Carney,
195 N.Y.S.3d 53, 55 (App. Div. 2023); HSBC Bank USA v. Kalenborn,
188 N.Y.S.3d 566, 568 (App. Div. 2023); Deutsche Bank Nat’l Tr. Co. v. Weininger,
171 N.Y.S.3d 130, 132 (App. Div. 2022).
As a fallback argument, Wells Fargo points out that the mortgage provides,
“Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise.” Yet this provision does not help
Wells Fargo because the law does require otherwise. According to Iowa Code
section 654.2D(2), when “a borrower” on a mortgage is in default,
“the borrower”—i.e., that borrower—must be given notice. Iowa Code
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§ 654.2D(2). In other words, the law requires notice to each borrower in default,
including Tesdall. See id. § 4.1(17) (“[T]he singular includes the plural . . . .”);
Little v. Davis, 974 N.W.2d 70, 75–76 (Iowa 2022) (holding that where a statute
required the consent of “the settlor,” the consent of all settlors was required).
That’s not a technical point here because Aegerter was no longer living in the
house; only Tesdall was. Cf. Hicks v. Franklin Cnty. Auditor, 514 N.W.2d 431,
436–37 (Iowa 1994) (finding substantial compliance when a statute required
notice to “the owner of each tract of land” and the auditor mailed notices to the
primary listed owners, the co-owners were listed on the envelopes and in the
published notice, and no plaintiff asserted that they were not informed or
deprived of an opportunity to object because of a lack of individual notice
(quoting Iowa Code § 468.14 (Supp. 1989))).
If Wells Fargo’s argument were correct, then Wells Fargo could forgo notice
even if Tesdall had signed the note, and Wells Fargo would have a ready
mechanism for circumventing her statutory homestead protection. Under New
York law, even when a mortgage contains the notice-to-one-is-notice-to-all
provision, the lender is required to mail notice to each borrower in a separate
envelope. See Wells Fargo Bank v. Yapkowitz, No. 033182/2013, 2018 WL
2326174, at *1, *9–10 (N.Y. Sup. Ct. May 21, 2018), aff’d, 155 N.Y.S.3d 163,
170–71 (App. Div. 2021).
Wells Fargo’s arguments overlook the big picture. Tesdall had 50%
ownership of the house as her homestead. Aegerter did not control that interest.
That interest could be foreclosed on only for a debt Tesdall had contracted for
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and only if she was sent notice of a right to cure. See Iowa Code §§ 561.16, .21(2);
id. § 654.2D(1)–(2).7
For all these reasons, we conclude that Tesdall was a borrower on the
mortgage entitled to a notice of right to cure. We reverse the district court and
vacate the court of appeals on this point.
One last note: Iowa Code section 654.2B governs the form and content of
the notice of right to cure required by section 654.2D. The final sentence of
section 654.2B provides, “The failure of the notice of right to cure to comply with
one or more provisions of this section is not a defense or claim in any action
pursuant to this chapter and does not invalidate any procedure pursuant to
chapter 655A, unless the person asserting the defense, claim, or invalidity proves
that the person was substantially prejudiced by such failure.” See Compeer Fin.
Servs., FLCA v. Braaksma, 966 N.W.2d 297, 303 (Iowa Ct. App. 2021) (applying
this sentence as a ground for affirming judgment in favor of a lender). Wells Fargo
does not argue lack of prejudice as an alternative ground for affirmance. Even if
the last sentence of section 654.2B would apply to a failure to give notice, as
opposed to a defect in the notice itself, we believe that the best course of action
is for the potential applicability of section 654.2B to be addressed on remand.
The record indicates that Tesdall submitted an affidavit below alleging that if she
had been given timely notice, she would have been able to gather sufficient funds
to pay the cure amount.
7We are not dealing with a case where the lender sent a single notice of right to cure
addressed to both borrowers. Nor are we dealing with a case where the borrower challenging the
foreclosure received actual or constructive notice of the right to cure. We leave resolution of those
cases for another day.
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V. Conclusion.
For the foregoing reasons, we reverse the judgment of the district court,
vacate the decision of the court of appeals, and remand for further proceedings
consistent with this opinion.
Court of appeals decision vacated, district court judgment reversed,
and case remanded for further proceedings.
All justices join this opinion except Waterman, J., who takes no part.