Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

If the lienholder is unwilling to hold the property and credit the debtor with the full amount of the lienholder’s lien, the lienholder must state the utmost amount that the lienholder is willing to credit the debtor. [R60, §3345; C73, §3115; C97, §4056; C24, 27, 31, 35, 39, § 11…

Application of this chapter . This chapter does not apply in an action to foreclose a real estate mortgage if the plaintiff has elected foreclosure without redemption under section 654.20 . 87 Acts, ch 142, §16

When real property has been levied upon, if the estate is less than a leasehold having two years of an unexpired term, the sale is absolute, but if of a larger amount, it is redeemable as prescribed in this chapter . [C51, §1924; R60, §3329, 3330; C73, §3098, 3099; C97, §4043; C2…

If the amount paid to the clerk is in excess of the prior bid and liens, the clerk shall refund the excess to the party paying the amount. If the clerk is the clerk of the district court where the judgment giving rise to the lien was entered, the clerk shall credit upon the lien …

In case any question arises as to the right to redeem, or the amount of any lien, the person claiming such right may deposit the necessary amount therefor with the clerk, accompanied with the affidavit above required, and also stating therein the nature of such question or object…

A creditor redeeming pursuant to this chapter is entitled to receive an assignment of the certificate issued by the sheriff to the original purchaser. [C51, §1942; R60, §3350; C73, §3120; C97, §4058; C24, 27, 31, 35, 39, § 11793; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §…

When the property has been sold in parcels, any distinct portion may be redeemed by itself. [C51, §1943; R60, §3351; C73, §3121; C97, §4059; C24, 27, 31, 35, 39, § 11794; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §628.23 ]

When the interests of several tenants in common have been sold on execution, the undivided portion of any or either of them may be redeemed separately. [C51, §1944; R60, §3352; C73, §3122; C97, §4060; C24, 27, 31, 35, 39, § 11795; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, …

The rights of a debtor in relation to redemption are transferable, and the assignee has the like power to redeem. [C51, §1945; R60, §3353; C73, §3123; C97, §4061; C24, 27, 31, 35, 39, § 11796; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §628.25 ]

The mortgagor and the mortgagee of real property consisting of less than ten acres in size may agree and provide in the mortgage instrument that the period of redemption after sale on foreclosure of said mortgage as set forth in section 628.3 be reduced to six months, or reduced …

Notwithstanding section 628.3 , the debtor and the mortgagee of agricultural land after the filing of the foreclosure petition, may enter into a written agreement to extend the debtor’s period of redemption up to five years, and may set forth other terms and conditions of the ext…

The mortgagor and the mortgagee of any tract of real property consisting of less than ten acres in size may also agree and provide in the mortgage instrument that the court in a decree of foreclosure may find affirmatively that the tract has been abandoned by the owners and those…

1. If real property is not used for agricultural purposes, as defined in section 535.13 , and is not the residence of the debtor, or if it is the residence of the debtor but not a single-family or two-family dwelling, then the period of redemption after foreclosure is one hundred…

A lienholder of record may redeem real property which has been foreclosed by a mortgagee pursuant to the alternative voluntary foreclosure procedure provided in section 654.18 . The junior lienholders’ redemption period shall be thirty days commencing the day the notice required …

The debtor may redeem real property at any time within one year from the day of sale, and will, in the meantime, be entitled to the possession thereof; and for the first six months thereafter such right of redemption is exclusive. Any real property redeemed by the debtor shall th…

A party who has stayed execution on the judgment is not entitled to redeem. [C73, §3102; C97, §4045; C24, 27, 31, 35, 39, § 11775; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §628.4 ] 83 Acts, ch 186, §10115, 10201 ; 87 Acts, ch 142, §1

If redemption is not made by the debtor as provided in section 628.3 , thereafter, and at any time within nine months from the day of sale, redemption may be made by a mortgagee before or after the debt secured by the mortgage falls due, or by any creditor whose claim becomes a l…

A mechanic’s lien before judgment thereon is not of such character as to entitle the holder to redeem. [C51, §1927; R60, §3333; C73, §3103; C97, §4046; C24, 27, 31, 35, 39, § 11777; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §628.6 ]

The owner of a claim which has been allowed and established against the estate of a decedent may redeem as in this chapter provided, by making application to the district court of the district where the real estate to be redeemed is situated. Such application shall be heard after…

Creditors having the right of redemption may redeem from each other within the time and in the manner provided in this chapter . [C51, §1929; R60, §3335; C73, §3105; C97, §4047; C24, 27, 31, 35, 39, § 11779; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §628.8 ] 2019 Acts, ch …

When a senior creditor thus redeems from the senior creditor’s junior, the senior creditor is required to pay off only the amount of those liens which are paramount to the senior creditor’s own, with the interest and costs appertaining to those liens. [C51, §1931; R60, §3337; C73…

The holder of a sheriff’s sale certificate or junior or senior lien upon real estate after the payment of any delinquency of taxes or special assessment, insurance premiums or money for necessary repairs, maintenance or preservation of the property, interest on a senior lien, or …

When such advancements have been made by the holder of a sheriff’s sale certificate the sum so advanced shall be a part of the amount required to redeem from said sheriff’s sale. [C24, 27, 31, 35, 39, § 11798; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §629.2 ]

It shall be the duty of the clerk of the district court to record the statements so filed in the encumbrance book and to enter the same in the lien index. Payments advanced after execution has been issued upon the junior lien, shall be added to the execution upon receipt, by the …

When an advancement described in section 629.1 has been made by the holder of a junior or senior lien, the amount of that expenditure plus the interest on it shall be added to the amount of the lienholder’s original lien and have the same priority as the original lien and the lie…

When execution against the property of a judgment debtor, or one of several debtors in the same judgment, has been issued from the district court or an appellate court to the sheriff of the county where such debtor resides, or if the debtor does not reside in the state, to the sh…

The court or referee acting under the provisions of this chapter shall have power to continue the proceedings from time to time until they shall be completed. [R60, §3384; C73, §3144; C97, §4081; C24, 27, 31, 35, 39, § 11809; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §630.…

Should the judgment debtor fail to appear after being personally served with notice to that effect, or should the debtor fail to make full answers to all proper interrogatories propounded to the debtor, the debtor will be guilty of contempt, and may be arrested and imprisoned unt…

The order mentioned herein shall be in writing and signed by the court, judge, or referee making the same, and be served in the same manner as an original notice in other cases. [R60, §3387; C73, §3146; C97, §4083; C24, 27, 31, 35, 39, § 11811; C46, 50, 54, 58, 62, 66, 71, 73, 75…

Sheriffs, referees, receivers, and witnesses shall receive such compensation as is allowed for like services in other cases, to be taxed as costs in the case, and the collection thereof from such party or parties as ought to pay the same shall be enforced by an order or execution…

Upon proof, to the satisfaction of the court or judge authorized to grant the order aforesaid, that there is danger that the defendant will leave the state, or that the defendant will hide, such court or judge, instead of the order, may issue a warrant for the arrest of the debto…

Upon being brought before the court or judge, the debtor may enter into an undertaking in such sum as the court or officer shall prescribe, with one or more sureties, that the debtor will attend from time to time for examination before the court or judge as shall be directed, and…

At any time after the rendition of a judgment, an action by equitable proceedings may be brought to subject any property, money, rights, credits, or interest therein belonging to the defendant to the satisfaction of such judgment. In such action, persons indebted to the judgment …

The answers of all defendants shall be verified by their own oath, and not by that of an agent or attorney, and the court shall enforce full and explicit discoveries in such answers by process of contempt; or, upon failure to answer the petition, or any part thereof, as fully and…

In the case contemplated in sections 630.16 and 630.17 , a lien shall be created on the property of the judgment debtor, or the debtor’s interest therein, in the hands of any defendant or under the defendant’s control, which is sufficiently described in the petition, from the tim…

The court shall enforce the surrender of the money or securities therefor, or of any other property of the defendant in the execution, which may be discovered in the action, and for this purpose may commit to jail any defendant or garnishee failing or refusing to make such surren…

The like order may be obtained at any time after the issuing of an execution, upon proof, by the affidavit of the party or otherwise, to the satisfaction of the court who is to grant the same, that any judgment debtor has property which the debtor unjustly refuses to apply toward…

Such order may be made by the district court in which the judgment was rendered, or by the district court of the county to which execution has been issued. The debtor may be required to appear and answer before either of such courts, or before a referee appointed for that purpose…

At any time after the rendition of judgment the court, upon application of the judgment creditor or the judgment debtor and upon notice to the adverse party as the court shall direct, shall conduct a hearing to determine the reasonably expected annual earnings of the judgment deb…

The debtor, on the debtor’s appearance, may be interrogated in relation to any facts calculated to show the amount of the debtor’s property, or the disposition which has been made of it, or any other matter pertaining to the purpose for which the examination is permitted to be ma…

Witnesses may be required by order of the court or by subpoenas from the referee, to appear and testify upon any proceedings under this chapter , in the same manner as upon the trial of an issue. [R60, §3379; C73, §3139; C97, §4076; C24, 27, 31, 35, 39, § 11804; C46, 50, 54, 58, …

If any property, rights, or credits subject to execution are thus ascertained, an execution may be issued and the same levied upon. The court may order any property of the judgment debtor not exempt, in the hands of the debtor or others or due the debtor, to be delivered up, or i…

The court may also, by order, appoint the sheriff of the proper county or other suitable person, a receiver of the property of the judgment debtor, or by injunction forbid a transfer or other disposition of the property of the judgment debtor, not exempt by law, or any interferen…

If it shall appear that the judgment debtor has any equitable interest in real estate in the county in which proceedings are had, as mortgagor, mortgagee, or otherwise, and the interest of said debtor can be ascertained as between the debtor and the person holding the legal estat…

If the sheriff is appointed receiver, the sheriff and the sheriff’s sureties shall be liable on the sheriff’s official bond for the faithful discharge of the sheriff’s duties as such. [R60, §3383; C73, §3143; C97, §4080; C24, 27, 31, 35, 39, § 11808; C46, 50, 54, 58, 62, 66, 71, …

1. The following actions or claims are small claims and shall be commenced, heard and determined as provided in this chapter : a. A civil action for a money judgment where the amount in controversy is five thousand dollars or less for actions commenced before July 1, 2018, exclus…