Home / Features / Announcements / Legals

THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE

Plaintiff

vs.

SHAWN GILLESPIE; MICHELLE R. WILLOUGHBY F/K/A MICHELLE R. GILLESPIE; CAPITAL ONE BANK;

Defendants.

TO: MICHELLE R. WILLOUGHBY F/K/A MICHELLE R. GILLESPIE

YOU ARE HEREBY NOTIFIED and required to serve upon Belin Lamson Zumbach Flynn, A Professional Corporation, Plaintiff's attorneys, whose address is The Financial Center, 666 Walnut Street Suite 2000, Des Moines, Iowa 50309-3989, telephone number 515-283-4624; facsimile number 515-283-4653, an appearance, motion or pleading to the Petition which is now on file on or before the 31st day of July, 2008, and within a reasonable time thereafter to file a duplicate with the undersigned Clerk of Court of Muscatine County, at the County Courthouse in Muscatine, Iowa.

If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 563-326-8607.  (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2943.)

IF YOU FAIL TO DO SO, JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE PETITION.

YOU ARE FURTHER NOTIFIED that the Petition of the Plaintiff filed March 1, 2007, in the above-entitled action is now on file in the Office of the Clerk of the District Court of the State of Iowa, in and for Muscatine County, asking judgment in rem against the mortgaged property hereinafter described for:

1. The sum of $138,456.01, with interest at 10.50 percent from September 1, 2006, being the amount due plus interest upon the Promissory Note in the principal sum of $141,300.00 dated June 7, 2004; which Note was made and executed by Shawn Gillespie and Michelle Gillespie and now payable to the Plaintiff, which Note the Plaintiff has declared due and payable forthwith because of the default of the Defendants in failing to make payment of monthly sums of principal and interest due.  The said sum includes delinquent interest and advancements to and including January 10, 2007, and represents the total sum due after allowing Defendants all just credits; also asking for judgment for any further or future advancements Plaintiff may be required to make for continuing the abstract of title, or for any other purpose authorized by the terms of said Note and Mortgage and by Iowa law.

2. Also asking judgment for costs, including reasonable attorney fees.

3. Also asking as against the Defendants above named a Decree of Foreclosure of Mortgage made and given by Shawn Gillespie and Michelle Gillespie, which Mortgage is dated June 7, 2004, recorded in File No. 2004-04971 of the Office of the Recorder of Muscatine County, Iowa; said Mortgage being given to secure the above-mentioned Note and other sums claimed; which Mortgage covers the following described real estate to-wit:

Lot Two (2) of the Akers Subdivision-Part One, in the City of West Liberty, Iowa, situated in the County of Muscatine, State of Iowa

NOTICE

THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION.  THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE.  IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL TWELVE MONTHS (OR SIX MONTHS IF THE PETITION INCLUDED A WAIVER OF DEFICIENCY JUDGMENT) FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING.  YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE.  THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY.  YOU MAY PURCHASE AT THE SALE.

PLAINTIFF WAIVES ITS RIGHT TO A DEFICIENCY JUDGMENT HEREIN

Plaintiff also asks for the appointment of a Receiver to take charge of the Mortgaged property and to collect the rents, issues and profits arising or which may be had therefrom and to apply them as by Court directed.  No money judgment is asked against any Defendant herein.

FOR FURTHER PARTICULARS, SEE THE PETITION NOW ON FILE.

Dated this 27th day of May, 2008.

/s/ Jeff L. Tollenaer .

CLERK OF THE DISTRICT

COURT/BY DEPUTY