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

When the amount due on a mortgage is paid off, the mortgagee, the mortgagee’s personal representative or assignee, or those legally acting for the mortgagee, and in case of payment of a school fund mortgage the county auditor, within thirty days of payment in full, shall acknowle…

If a mortgagee, or a mortgagee’s personal representative or assignee, upon full performance of the conditions of the mortgage, fails to discharge such mortgage as set forth in section 655.1 , the mortgagee is liable to the mortgagor and the mortgagor’s heirs or assigns, for all a…

When the judgment is paid in full, the mortgagee shall file with the clerk a satisfaction of judgment which shall release the mortgage underlying the action. A mortgagee who fails to file a satisfaction within thirty days of receiving a written request shall be subject to reasona…

A mortgagee is not liable under section 655.3 if all of the following apply: 1. The mortgagee established reasonable procedures to achieve compliance with its obligations under section 655.3 . 2. The mortgagee complied with that procedure in good faith. 3. The mortgagee was unabl…

This chapter shall be known as the “Nonjudicial Foreclosure of Nonagricultural Mortgages” . 87 Acts, ch 142, §17

Except as provided in section 655A.9 , a mortgage may be foreclosed, at the option of the mortgagee, as provided in this chapter . 87 Acts, ch 142, §18

1. a. The nonjudicial foreclosure is initiated by the mortgagee by serving on the mortgagor a written notice which shall: (1) Reasonably identify by a document reference number the mortgage and accurately describe the real estate covered. (2) Specify the terms of the mortgage wit…

Notice under this chapter shall be served as provided in the rules of civil procedure for service of original notice or as provided in section 654.4A . Rejection of notice under this chapter shall be served by ordinary or electronic mail addressed as provided in the notice, or if…

If the mortgagor or a junior lienholder performs, within thirty days of completed service of notice, the breached terms specified in the notice, then the right to foreclose for the breach is terminated. 87 Acts, ch 142, §21 Referred to in §655A.8

1. If either the mortgagor, or successor in interest of record including a contract purchaser, within thirty days of service of the notice pursuant to section 655A.3 , files with the recorder of the county where the mortgaged property is located, a rejection of the notice reasona…

If the terms and conditions as to which there is default are not performed within the thirty days, the party serving the notice or causing it to be served shall file for record in the office of the county recorder a copy of the notice with proofs of service required under section…

Upon completion of the filings required under section 655A.7 and if no rejection of notice has been filed pursuant to section 655A.6 , then without further act or deed: 1. The mortgagee acquires and succeeds to all interest of the mortgagor in the real estate. 2. All liens which …

This chapter does not apply to real estate used for an agricultural purpose as defined in section 535.13 , or to a one or two family dwelling which is, at the time of the initiation of the foreclosure, occupied by a legal or equitable titleholder. 87 Acts, ch 142, §25 ; 2006 Acts…

A contract which provides for the sale of real estate located in this state, and for the forfeiture of the vendee’s rights in such contract in case the vendee fails, in specified ways, to comply with said contract, shall, nevertheless, not be forfeited or canceled except as provi…

1. The forfeiture shall be initiated by the vendor by serving on the vendee a written notice which shall: a. Reasonably identify the contract by a document reference number and accurately describe the real estate covered. b. Specify the terms of the contract with which the vendee…

1. The notice provided for in section 656.2 may be served personally or by publication, on the same conditions, and in the same manner as is provided for the service of original notices, except that when the notice is served by publication an affidavit shall not be required befor…

If the vendee or a mortgagee of the real estate performs, within thirty days of completed service of notice, the breached terms specified in the notice and pays the vendor the reasonable cost of serving the notice, then the right to forfeit for the breach is terminated. The payme…

If the terms and conditions as to which there is default are not performed within thirty days, the party serving the notice or causing the notice to be served, may file for record in the office of the county recorder a copy of the notice with proofs of service attached or endorse…

This chapter shall be operative in all cases where the intention of the parties, as gathered from the contract and surrounding circumstances, is to sell or to agree to sell an interest in real estate, any contract or agreement of the parties to the contrary notwithstanding. [C97,…

1. The vendee is liable to the vendor for reasonable attorney fees actually incurred by the vendor necessary for the forfeiture of a contract governed by this chapter . The demand for attorney fees must be stated in the notice served. The maximum liability under this section is f…

Notwithstanding sections 656.1 through 656.5 , a person shall not initiate proceedings under this chapter to forfeit a real estate contract for the purchase of agricultural property, as defined in section 654A.1 , which is subject to an outstanding obligation on the contract of t…

An action shall not be commenced by a vendee who is not in possession of the property, or by a party to the forfeiture proceeding who is other than a vendee or vendor, that asserts a claim against real estate previously subject to a forfeiture proceeding, and such claim is based …

1. Whatever is injurious to health, indecent, or unreasonably offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere unreasonably with the comfortable enjoyment of life or property, is a nuisance, and a civil action by ordinary proc…

Notwithstanding this chapter , a person, required under chapter 654B to participate in mediation, shall not begin a proceeding subject to this chapter until the person receives a mediation release under section 654B.8 , or until the court determines after notice and hearing that …

1. The purpose of this section is to protect animal agricultural producers who manage their operations according to state and federal requirements from the costs of defending nuisance suits, which negatively impact upon Iowa’s competitive economic position and discourage persons …

1. a. Findings. The general assembly finds that important public interests are advanced by preserving and encouraging the expansion of responsible animal agricultural production in this state which provides employment opportunities in and economic growth for rural Iowa, contribut…

1. As used in this section , “adult establishment” means any business that provides nude or topless dancing or operates any other adult-oriented business. 2. A public safety nuisance exists when it is established by clear and convincing evidence that an owner, manager, employee, …

1. A racing facility or racetrack shall not be subject to any action brought by a surrounding property owner under any nuisance, taking, or other theory if the racing facility or racetrack was built before the surrounding real property owner either purchased the real property or …

The following are nuisances: 1. The erecting, continuing, or using any building or other place for the exercise of any trade, employment, or manufacture, which, by occasioning noxious exhalations, unreasonably offensive smells, or other annoyances, becomes injurious and dangerous…

1. When a petition affecting real property is filed by a governmental entity under this chapter , the clerk of the district court shall index the petition pursuant to section 617.10 , if the legal description of the affected property is included in or attached to the petition. 2.…

A person who is convicted of erecting, causing, or continuing a public or common nuisance as provided in this chapter , or at common law when the common law has not been modified or repealed by statute, if no other punishment for the offense is specially provided, shall be guilty…

When upon indictment, complaint, or civil action any person is found guilty of erecting, causing, or continuing a nuisance, the court before whom such finding is had may, in addition to the fine imposed, if any, or to the judgment for damages or cost for which a separate executio…

Instead of issuing a warrant, the court may order the warrant to be stayed upon motion of the defendant, if the defendant enters into an undertaking to the state, in such sum and with such surety as the court may direct, under the condition that either the defendant will disconti…

The expense of abating a nuisance by virtue of a warrant can be collected by the officer in the same manner as damages and costs are collected on execution, except that the materials of any buildings, fences, or other things that may be removed as a nuisance may be first levied u…

This chapter shall apply to the operation of a livestock feedlot, only as provided in chapter 172D . [C77, 79, 81, §657.8 ]

1. Before a person improves property acquired to establish, use, and maintain a shooting range by the erection of buildings, breastworks, ramparts, or other works or before a person substantially changes the existing use of a shooting range, the person shall obtain approval of th…

As used in this chapter , unless context requires otherwise: 1. “Abandoned” or “abandonment” means that a building is vacant, or is occupied only by trespassers, and in violation of the housing code or building code of the city in which the property is located or the housing code…

1. A receiver appointed under this chapter is entitled to receive fees and commissions in the same manner and to the same extent as receivers appointed in actions to foreclose mortgages. 2. The receiver appointed under this chapter is not civilly or criminally liable for actions …

1. The provisions of sections 657A.1A through 657A.10 shall only apply to cities and counties that have, by ordinance, provided that the provisions shall apply. 2. The provisions of sections 657A.1A through 657A.10 shall not apply to a house, barn, outbuilding, or other building …

1. For purposes of this section , when referring to the location of an abandoned building, “county” means only the area of the county located outside the limits of a city. 2. a. In lieu of the procedures in sections 657A.1A through 657A.10 and 657A.10A , a city or county in which…

1. As an alternative to the remedies under this chapter , a city, or a county if a property that is alleged to be a public nuisance is located outside the limits of a city, may petition the court for an injunction that requires the owner of the property to correct or eliminate th…

1. An action pursuant to this chapter is exclusively within the jurisdiction of district judges as provided in section 602.6202 . 2. This chapter does not prevent a person from using other remedies or procedures to enforce building or housing ordinances or to correct or remove pu…

1. When a petition affecting real property is filed by a governmental entity under this chapter , the clerk of the district court shall index the petition pursuant to section 617.10 , if the legal description of the affected property is included in or attached to the petition. 2.…

1. No sooner than one hundred thirty-five days after a property has become vacant, a person, other than a governmental entity, may request that the responsible building official inspect the property and certify that a property is both abandoned and in need of abatement. The respo…

1. No sooner than the later of thirty days after the responsible building official’s findings have been provided under section 657A.1A or six months after a building has become abandoned, a petition for abatement under this chapter may be filed in the district court of the county…

1. Before appointing a receiver to perform work or to furnish material to abate a public nuisance under this chapter , the court shall establish a date before which interested persons may file with the court written proof of intent and ability to promptly undertake the work requi…