Petitioner states that he/she did not receive a Notice of Intended Foreclosure prior to the foreclosure sale. Petitioner also requests that the foreclosure deed not be recorded or the sale concluded based on a failure to provide adequate notice.
Iowa Letter to Foreclosure Attorney - After Foreclosure - Did not Receive Notice of
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FAQ
Before a judgment is entered you can file a "Demand for Delay of Sale" with the court to delay a sheriff's sale of your home. This can be filed whether or not you file an Answer to the foreclosure petition. The Demand must be in writing and must request that the sheriff's sale be delayed.
On its face, Iowa Code section 654.12A states that ?loans and advances made under the mortgage, up to the maximum amount of credit together with interest thereon, are senior to indebtedness to other creditors under subsequently recorded mortgages.? Iowa Code § 654.12A.
654.20 Foreclosure without redemption ? nonagricultural land. 1. If the mortgaged property is not used for an agricultural purpose as defined in section 535.13, the plaintiff in an action to foreclose a real estate mortgage may include in the petition an election for foreclosure without redemption.
Notice of Default ? Foreclosure starts when your lender records a Notice of Default against your property with the Registrar Recorder's office. The Notice of Default tells you the total amount you owe including missed payments and foreclosure fees.
A borrower can also reinstate the loan after thirty days after the notice of default is received from the mortgage servicer. Another option is to redeem the property. This means you must pay off the full amount of the loan to prevent the foreclosure sale of the property.
This is when you give the deed to your home to the mortgage company, and the mortgage company agrees not to foreclose. A mortgage company may require you to try to sell your home before agreeing to a Deed in Lieu of foreclosure.
There are some states that have a redemption period, which allows the borrower to buy back the property from the bank. In Iowa, if the bank proceeds with a judicial foreclosure with redemption, the borrower has up to a year to redeem the property back from the bank.
State Foreclosure Laws in Iowa For most Iowa foreclosures, the lender files a lawsuit. First, though, the lender has to mail a notice of default and right to cure at least 30 days (45 days for agricultural properties) before filing the suit. (Iowa Code § 654.2D, Iowa Code § 654.2A).
