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

A mortgage or deed of trust shall not contain the notice under section 654.20 . 87 Acts, ch 142, §15

At any time prior to entry of judgment, the mortgagor may file a demand for delay of sale. If the demand is filed, the sale shall be held promptly after the expiration of two months from entry of judgment. However, if the demand is filed and the mortgaged property is the residenc…

If the mortgagor does not file a demand for delay of sale, the sale shall be held promptly after entry of judgment. 87 Acts, ch 142, §8 Referred to in §654.20

The mortgagor has no right to redeem after sale. Junior lienholders have no right to redeem after sale. The mortgagee or a junior lienholder may purchase at the sale and, if so, acquire the same title as would any other purchaser other than the mortgagor. If the mortgagor at the …

The purchaser at the sale is entitled to an immediate deed and immediate possession. 87 Acts, ch 142, §10 Referred to in §654.20

If the plaintiff has elected foreclosure without redemption, chapter 628 does not apply. A provision in a mortgage permitted by section 628.26 or 628.27 shall not be construed as an agreement by the mortgagee not to elect foreclosure without redemption. The election may be made i…

If the plaintiff has elected foreclosure without redemption, the plaintiff may include in the petition a waiver of deficiency judgment. If the plaintiff has elected foreclosure without redemption and does not include in the petition a waiver of deficiency judgment, if the mortgag…

1. A creditor shall not initiate an action pursuant to this chapter to foreclose on a deed of trust or mortgage on agricultural land, as defined in section 9H.1 , until the creditor has complied with this section . 2. A creditor who believes in good faith that a borrower on a dee…

The notice of right to cure shall be in writing and shall conspicuously state the name, address, and telephone number of the creditor or other person to which payment is to be made, a brief identification of the obligation secured by the deed of trust or mortgage and of the borro…

A person shall not initiate a proceeding under this chapter to foreclose a deed of trust or mortgage on agricultural property, as defined in section 654A.1 , which is subject to chapter 654A and which is subject to a debt of twenty thousand dollars or more under the deed of trust…

1. Except as provided in section 654.2A , a creditor shall comply with this section before initiating an action pursuant to this chapter or initiating the procedure established pursuant to chapter 655A to foreclose on a deed of trust or mortgage. 2. A creditor who believes in goo…

An action for the foreclosure of a mortgage of real property, or for the sale thereof under an encumbrance or charge thereon, shall be brought in the county in which the property to be affected, or some part thereof, is situated. [C73, §2578; C97, §3493; C24, 27, 31, 35, 39, § 12…

If separate actions are brought in the same county on the bond or note, and on the mortgage given to secure it, the plaintiff must elect which to prosecute. The other will be discontinued at the plaintiff’s cost. [C51, §2086; R60, §3663; C73, §3320; C97, §4288; C24, 27, 31, 35, 3…

In addition to any other form of service authorized by law, where in rem relief is the only relief requested in a foreclosure action or nonjudicial foreclosure under section 654.18 or chapter 655A against either a party or a person to be served with a notice pursuant to section 6…

1. Prior to commencing a foreclosure on the accelerated balance of a mortgage loan and after termination of any applicable cure period, including but not limited to those provided in section 654.2A or 654.2D , a creditor shall give the borrower a fourteen-day demand for payment o…

1. When a mortgage or deed of trust is foreclosed, the court shall do all of the following: a. Render judgment for the entire amount found to be due. b. Direct the mortgaged property, or so much thereof as is necessary, to be sold to satisfy the judgment, with interest and costs.…

If the mortgaged property does not sell for an amount which is sufficient to satisfy the execution, a general execution may be issued against the mortgagor, unless the parties have stipulated otherwise. [C51, §2085; R60, §3662; C73, §3322; C97, §4290; C24, 27, 31, 35, 39, § 12377…

If there is an overplus remaining after satisfying the mortgage and costs, and if there is no other lien upon the property, such overplus shall be paid to the mortgagor. [C51, §2089; R60, §3666; C73, §3324; C97, §4291; C24, 27, 31, 35, 39, § 12378; C46, 50, 54, 58, 62, 66, 71, 73…

At any time prior to the sale, a person having a lien on the property which is junior to the mortgage will be entitled to an assignment of all the interest of the holder of the mortgage, by paying the holder the amount secured, with interest and costs, together with the amount of…

If there are any other liens on the property sold, or other payments secured by the same mortgage, they shall be paid off in their order. If the money secured by any such lien is not yet due, a rebate of interest, to be fixed by the court must be made by the holder, or the holder…

At any time prior to the court’s decree, the plaintiff, or a person guaranteeing title of the plaintiff’s mortgage, may post a bond with sureties to be approved by the clerk and apply to the court to release the claim against the property of any person claiming a lien superior to…

As used in this chapter , unless the context otherwise requires: 1. “Agricultural property” means agricultural land that is principally used for farming as defined in section 9H.1 , and personal property that is used as security to finance a farm operation or used as part of a fa…

The mediator may call mediation meetings during the mediation period, which is up to forty-two days after the farm mediation service received the mediation request. However, if all parties consent, mediation may continue after the end of the mediation period. 86 Acts, ch 1214, §2…

1. If an agreement is reached between the borrower and the creditors, the mediator shall draft a written mediation agreement, have it signed by the creditors, and submit the agreement to the farm mediation service. 2. The borrower and the creditors who are parties to the mediatio…

Upon petition by the borrower and all known creditors, the farm mediation service may, for good cause, extend a deadline imposed by section 654A.8 or section 654A.10 for up to thirty days. 86 Acts, ch 1214, §25

If mediation is conducted pursuant to this chapter , the confidentiality of all mediation communications is protected as provided in section 679C.108 . 86 Acts, ch 1214, §26 ; 89 Acts, ch 108, §5 ; 90 Acts, ch 1143, §13, 14 ; 98 Acts, ch 1062, §11 ; 2005 Acts, ch 68, §4

The farm mediation service shall provide for mediation between the department of natural resources and a landowner affected by the preliminary wetland designation provided in section 456B.12 . The department shall cease actions relating to inventorying or designating affected lan…

1. This chapter applies to all creditors of a borrower described under subsection 2 with a secured debt against the borrower of twenty thousand dollars or more. 2. This chapter applies to a borrower who is a natural person operating a farm or any corporation, trust, or limited pa…

A borrower who owns agricultural property or a creditor of that borrower may request mediation of the indebtedness by applying to the farm mediation service. The farm mediation service shall make voluntary mediation application forms available. The farm mediation service shall ev…

1. a. A creditor subject to this chapter desiring to initiate a proceeding to enforce a debt against agricultural property which is real estate under chapter 654 , to forfeit a contract to purchase agricultural property under chapter 656 , to enforce a secured interest in agricul…

1. After receiving a mediation request, the farm mediation service shall refer the borrower to a financial analyst associated with the Iowa state university extension service ASSIST program. The financial analyst shall assist the borrower in the preparation of information relativ…

1. Unless the borrower waives mediation, within twenty-one days after receiving a mediation request the farm mediation service shall send a mediation meeting notice to the borrower and to all known creditors of the borrower setting a time and place for an initial mediation meetin…

At the initial mediation meeting and subsequent meetings, the mediator shall: 1. Listen to the borrower and the creditors desiring to be heard. 2. Attempt to mediate between the borrower and the creditors. 3. Advise the borrower and the creditors as to the existence of available …

1. “Care and feeding contract” means an agreement, either oral or written, between a farm resident and the owner of livestock, under which the farm resident agrees to act as a feeder by promising to care for and feed the livestock on the farm resident’s premises. 2. “Dispute” mea…

An action for judicial review shall be brought in equity, and the action shall be limited to whether, based on clear and convincing evidence, the decision by the administrative head of the mediation service is an abuse of discretion. The action may be brought in either the distri…

1. An interest in property, or rights and obligations under a contract are not affected by the failure of a person to obtain a mediation release regardless of its validity. 2. Time periods relating to a claim, including applicable statutes of limitations, shall be suspended upon …

A farm resident or other party may request mediation of a dispute by applying to the farm mediation service. The farm mediation service shall make voluntary mediation application forms available. The farm mediation service shall evaluate each request and may direct a mediator to …

1. a. A person who is a farm resident, or other party, desiring to initiate a civil proceeding to resolve a dispute, shall file a request for mediation with the farm mediation service. The person shall not begin the proceeding until the person receives a mediation release or unti…

1. Unless both parties to the dispute waive mediation, within twenty-one days after receiving a mediation request, the farm mediation service shall send a mediation meeting notice to all parties to the dispute setting a time and place for an initial mediation meeting between the …

1. The farm mediation service, with the assistance of knowledgeable persons, shall provide a program to train mediators to assist in the mediation of nuisance disputes. 2. At the initial mediation meeting and subsequent meetings, the mediator shall: a. Listen to all involved part…

The mediator may call mediation meetings during the mediation period, which is up to forty-two days after the farm mediation service received the mediation request. However, if all parties consent, mediation may continue after the end of the mediation period. 90 Acts, ch 1143, §2…

1. If an agreement is reached between all parties, the mediator shall draft a written mediation agreement, have it signed by the parties, and submit the agreement to the farm mediation service. 2. a. The mediator shall issue a mediation release unless the other party desiring to …

Upon petition by all parties, the farm mediation service may, for good cause, extend a deadline imposed by section 654B.4 or section 654B.7 for up to thirty days. 90 Acts, ch 1143, §23

As used in this chapter , unless otherwise required: 1. “Animal feeding operation structure” means the same as defined in section 459.102 . 2. “Dispute” means a controversy between an owner and a neighbor, which arises from negotiations between the parties to establish an animal …

1. A person who is an owner or a neighbor may file a request for mediation with the farm mediation service. Upon receipt of the request for mediation, the farm mediation service shall conduct an initial consultation with each party to the dispute privately and without charge. Med…

At the initial mediation meeting and subsequent meetings, the mediator shall: 1. Listen to all involved parties. 2. Attempt to mediate between all involved parties. 3. Encourage compromise and workable solutions. 4. Advise, counsel, and assist the parties in attempting to arrive …