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Iowa Reduces Foreclosure Sale Delay and Redemption Periods

Posted By USFN, Tuesday, June 19, 2018
Updated: Monday, June 18, 2018

June 19, 2018

 

by Benjamin W. Hopkins
Petosa Law LLP – USFN Member (Iowa)

On May 16, 2018 House File 2234 was signed into law, effectively reducing foreclosure timelines under Iowa’s Foreclosure with Redemption and Foreclosure without Redemption processes.

Effective July 1, 2018, mortgagees utilizing the Foreclosure without Redemption process under Iowa Code Section 654.20 may reduce the delay between entry of foreclosure judgment and sheriff sale. In the cases where deficiency judgment is waived and the property is an owner-occupied one- or two-family residence, the delay may now be reduced to three (rather than six) months. In similar matters where deficiency is preserved, the delay may be reduced to six (rather than twelve) months.

Also effective July 1, under Iowa Code Section 628.26 mortgages may now provide for the reduction of the post-foreclosure sale redemption period for non-agricultural property consisting of less than 10 acres to three (rather than six) months.

While beneficial from a lender’s perspective, the overall impact on Iowa foreclosure timelines is likely to be relatively small because the majority of Iowa foreclosures are completed utilizing the Foreclosure without Redemption process without the mortgagors exercising their right to demand a delay of the sale.

The full text of House File 2234 can be found at https://www.legis.iowa.gov/legislation/BillBook?ga=87&ba=HF2234.

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