Welsh v. Citizens National Bank of Boone-Stratford

LARSON, Justice.

Michael V. Welsh mortgaged his 120-acre farm, which included his home, to the Citizens National Bank of Boone-Stratford. The bank foreclosed on its mortgage, and Welsh’s land was sold at a sheriffs sale. The sheriff did not, prior to sale, plat a homestead for Welsh, or serve notice on him to do so, as required by Iowa Code section 561.5 (1985). Welsh filed a petition to set aside the sheriffs sale on that ground.

On the bank’s summary judgment motion, the district court dismissed Welsh’s petition, ruling that, because he had never married and had no children or other…