Iowa Notice of Intent to Foreclose - Mortgage Loan Default

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Multi-State
Control #:
US-02069BG
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A number of states have enacted measures to facilitate greater communication between borrowers and lenders by requiring mortgage servicers to provide certain notices to defaulted borrowers prior to commencing a foreclosure action. The measures serve a dual purpose, providing more meaningful notice to borrowers of the status of their loans and slowing down the rate of foreclosures within these states. For instance, one state now requires a mortgagee to mail a homeowner a notice of intent to foreclose at least 45 days before initiating a foreclosure action on a loan. The notice must be in writing, and must detail all amounts that are past due and any itemized charges that must be paid to bring the loan current, inform the homeowner that he or she may have options as an alternative to foreclosure, and provide contact information of the servicer, HUD-approved foreclosure counseling agencies, and the state Office of Commissioner of Banks.

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FAQ

Technically speaking, a notice of default is not a foreclosure. Instead, it serves as notice that you are behind in your payments and that your property may be sold as a result of foreclosure if you don't act soon.

Most foreclosures on Iowa property take about 5 or 6 months to complete. Iowa is a judicial foreclosure state. Therefore, all foreclosures occur through the judicial system so the time frame can vary ing to the court's schedule and orders in a particular case.

A notice of default is a formal public notice that is filed with the state court and states that the borrower is in arrears. It is used when a borrower delays in making mortgage repayments, and the mortgage lender files the notice of default as the first step of a foreclosure process.

In Pennsylvania, lenders must send notice of intent to foreclose letters to homeowners 30 days before the foreclosure begins. This gives borrowers time to contact our Pennsylvania bankruptcy lawyers and create a plan to prevent foreclosure.

This is basically a document telling you that the lender will foreclose on your property if you do not take action to stop it. Ignoring it will only lead to further legal trouble, and it could prevent you from being able to negotiate with the lender to find a solution that allows you to keep your home.

Redemption Period ? starts day of Sheriff Sale -Six (6) months is most common. -If the amount claimed to be due on the mortgage at the date of foreclosure is less than 2/3 of the original indebtedness, the redemption period is 12 months. -Farming property can be up to twelve (12) months.

Notice of Sale in a Foreclosure Most state foreclosure laws, judicial and nonjudicial, require that the lender serve a notice of the foreclosure sale date on the borrower. State laws also usually require the lender to publish the sale date, typically in a local newspaper.

Benefits: Prioritizes your mortgage above all other debts so you can focus on catching up on the mortgage first then pay the other obligations later, likely at a reduced rate. Filing a Chapter 13 Bankruptcy will legally stop the foreclosure sale immediately and set up reasonable repayment terms.

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Iowa Notice of Intent to Foreclose - Mortgage Loan Default