Freedom Financial Bank v. Estate of Edward J. Boesen

WATERMAN, Justice.

The forgery of a spouse’s signature on a mortgage complicates this foreclosure dispute between creditors and the widow over her deceased husband’s commercial real estate. Venerable precedent dating back to the 1870s guides our resolution of the parties’ competing claims and helps harmonize seemingly conflicting provisions of the probate code. Specifically, we must decide whether a surviving spouse’s dower interest — codified in Iowa Code section 633.211 (2009) as to nonhomestead real property — is subject to either a lender’s purchase-money mortgage or the other debts and…