IN THE IOWA DISTRICT COURT FOR Dallas COUNTY
BMO BANK N.A.,
PLAINTIFF
vs.
JACOB DAY AKA JACOB E. DAY, KELSI GROSS AKA KELSI E. GROSS FKA KELSI DAY , SPOUSE OF JACOB DAY AKA JACOB E. DAY, IF ANY AND STATE OF IOWA,
DEFENDANTS
EQUITY NO. EQCV046391
ORIGINAL NOTICE FOR PUBLICATION
TO THE ABOVE NAMED DEFENDANTS:
You are hereby notified that there is a petition on file in the office of the clerk of the above court which petition prays for a judgment in rem against the property involved in this action for the sum of $247,299.13 with interest at 3.875% per annum from and including September 1, 2024, on the promissory note executed by Jacob Day, a single person and Kelsi Gross, a single person and mortgage executed by Jacob Day, a single person and Kelsi Gross, a single person to Mortgage Electronic Registration Systems, Inc. as mortgagee, as nominee for Bank of the West, a California state banking corporation, its successors and assigns and assigned to Plaintiff, who is the sole and absolute owner thereof.
Said note, together with the mortgage given to secure the same are due and payable by reason of the failure of the Defendants Jacob Day, a single person and Kelsi Gross, a single person to pay the installments of principal when due. Plaintiff also prays in said Petition for the foreclosure of said mortgage dated December 21, 2021 recorded in Book 2021 Page 37169 in the Recorder's Office of Dallas County, Iowa, with said note dated December 21, 2021 on the following described property, to-wit:
The East one-half (E 1/2) of Lot 3 and the West one-half (W 1/2) of Lot 2 of Block 11 in the Original Town now City of Adel, Dallas County, Iowa
and also asking that said mortgage be declared a prior and superior lien to that of each of the above named Defendants; for appointment of a receiver; for the amount paid by Plaintiff for attorneys' fees, abstract expense, costs and accruing costs of this action; that special execution issue for the sale of said real estate to satisfy said judgment, interest, attorneys' fees and costs and for such other and further relief as may be just and equitable.
FOR FURTHER PARTICULARS, SEE COPY OF PETITION NOW ON FILE.
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 THREE MONTHS 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 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.
The Plaintiff's attorneys are Petosa Law LLP by Ryan C. Holtgraves, whose address is 1350 NW 138th Street, Suite 100, Clive, IA 50325, telephone number 515-222-9400, facsimile number 515-222-9121.
You must serve a motion or answer on or before the 10th day of December, 2025, and within a reasonable time thereafter file your motion or answer in the Iowa District Court of Dallas County, at the Courthouse in Adel, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition.
This case has been filed in a county that utilizes electronic filing. You should refer to (i) Iowa Court Rules Chapter 16 for general rules and information on electronic filing; and (ii) Iowa Court Rules Chapter 16, division VI regarding the protection of personal information in court filings.
If you require assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (515) 286-3394. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942).
YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS.
November 6, 13, 20 2025
LIOW0398237