NewRez LLC v. James Embry,e t. al. EQCE091248
IN THE IOWA DISTRICT COURT FOR Polk COUNTY
NewRez LLC d/b/a Shellpoint Mortgage Servicing,
Plaintiff,
vs.
James Embry Jr.; Spouse of James Embry Jr.; Secretary of Housing and Urban Development; State of Iowa; Town Financial; GreenState Credit Union; State of Iowa - Child Support Recovery Unit; Nicolle L. Embry n/k/a Nicolle Lena Beerbower and Parties in Possession,
Defendants.
EQUITY NO. EQCE091248
ORIGINAL NOTICE FOR
PUBLICATION
To the above-named Defendants: James Embry Jr.; Spouse of James Embry Jr., Parties in Possession
You are notified there was on March 13, 2025 filed in the Office of the Clerk of the above-named Court a Foreclosure Petition, which prays for foreclosure of a mortgage in favor of the Plaintiff on the property described herein and judgment in rem in the amount of $160,449.20 plus interest at the rate of 3.25% per annum from September 1, 2024, such amount equaling $14.29 per day, and reasonable attorney fees and that said sums be declared a lien upon the following-described premises from June 22, 2021, located in Polk County, Iowa, to-wit:
The West 100 feet of Lot 47 in DOUGLAS ACRES, an Official Plat, now included in and forming a part of the City of Des Moines, Polk County, Iowa
that the mortgage on the above-described real estate be foreclosed, that a special execution issue for the sale of as much of the mortgaged premises as is necessary to satisfy the judgment and for other relief as the Court may deem just and equitable. The attorney for the Plaintiff is Matthew E. Laughlin, whose address is The Davis Brown Tower, 215 10th Street, Suite 1300, Des Moines, Iowa 50309-3993, Phone: (515) 288-2500, Facsimile: (515) 243-0654.
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 SIX MONTHS (THREE MONTHS IF THE PETITION INCLUDES A WAIVER OF DEFICIENCY) 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.
You must serve a motion or answer on or before the 14th day of October, 2025, and within a reasonable time thereafter, file your motion or answer, in the Iowa District Court for Polk County, Iowa. You are notified that Polk County District Court utilizes the Electronic Document Management System. You are directed to the Iowa Court Rules Chapter 16 for general rules and information on electronic filing and, in particular, Division VI regarding the protection of personal information in court filings. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition.
If you need assistance to participate in court due to a disability, call the disability coordinator at 515-286-3930. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942.) Disability coordinators cannot provide legal advice.
IMPORTANT
YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS.
September 24, 2025
Date of Third Publication
September 10, 17, 24 2025
LIOW0366328