Iowa Complaint or Petition to Recover Deficiency after Sale under Trust Deed or Deed of Trust

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US-01525BG
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Description

A deficiency judgment is typically in an amount equal to the difference between the funds received from a court sale of property and the balance remaining on a debt. Deficiency judgments are commonly issued when a property owner fails to pay amounts owed on a mortgage and the property securing the mortgage is sold to satisfy the debt, but the proceeds from the sale are less than the amount owed.


Deficiency judgments are not allowed in all states. In order to get a deficiency judgment in most states, the party owed money must file a suit for judicial foreclosure instead of just foreclosing on real property. However, some states allow a lawsuit for a deficiency after foreclosure on the mortgage or deed of trust. Local laws should be consulted for specific requirements in your area.

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  • Preview Complaint or Petition to Recover Deficiency after Sale under Trust Deed or Deed of Trust
  • Preview Complaint or Petition to Recover Deficiency after Sale under Trust Deed or Deed of Trust
  • Preview Complaint or Petition to Recover Deficiency after Sale under Trust Deed or Deed of Trust
  • Preview Complaint or Petition to Recover Deficiency after Sale under Trust Deed or Deed of Trust

How to fill out Complaint Or Petition To Recover Deficiency After Sale Under Trust Deed Or Deed Of Trust?

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FAQ

A deed of trust must be: (1) in writing, (2) contain a description of the property being used to secure the loan, and (3) be signed by the trustor or the borrower. Under the Statute of Frauds, a transfer of an interest in real property must be memorialized in writing.

633.212 Share of surviving spouse if decedent left issue some of whom are not issue of surviving spouse. If the decedent dies intestate leaving a surviving spouse and leaving issue some of whom are not the issue of the surviving spouse, the surviving spouse shall receive the following share: 1.

Unless the courts grant you an extension, Iowa Probate Code 633.361 affirms you'll have you three months starting from the day the court appoints you as executor to appraise, report, and inventory the deceased's estate accurately.

When a person dies without a will, Iowa Code provides a surviving spouse with an exclusive right for 20 days to file with the court a petition to initiate administration of the estate. Other heirs in succession, starting with surviving children, if any, have an additional 10 days to file such a petition.

If you die without a will in Iowa, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent (See the table above.)

589.31 City and county deeds. The deeds and conveyances are legalized and valid as if the record showed that the law had been complied with, and that the conveyances and deeding had been duly authorized by the governing body of the city or county.

Unless the courts grant you an extension, Iowa Probate Code 633.361 affirms you'll have you three months starting from the day the court appoints you as executor to appraise, report, and inventory the deceased's estate accurately.

Your spouse will receive all your property if you either have no children or all of your children are also your spouse's children. If you have children from a previous marriage, your spouse will receive a portion of your property with the rest to be divided equally among your children from the previous marriage.

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Iowa Complaint or Petition to Recover Deficiency after Sale under Trust Deed or Deed of Trust