Federal Land Bank of Omaha v. Haworth

(specially concurring).

I concur with the result reached by the majority but cannot concur with their reasoning because:

1. The majority has construed Federal Land Bank of Omaha v. Heeren, 398 N.W. 2d 839 (Iowa 1987) as holding that Iowa Code § 628.3 (1987) prohibits a receiver from taking possession of land. I fail to find Heeren so holds. In Heeren the court clearly states the mortgagors failed to object to the appointment of a receiver on the ground of possession under § 628.3 or the fact the mortgage did not pledge rents and profits consequently. Id. at 841-42. Therefore, the issue of a…