1. After the expiration of a period of two years from the date of entry of judgment, exclusive of any time during which execution on the judgment was stayed pending a bankruptcy action or order of court, a judgment entered in any of the following actions shall be null and void, all liens shall be extinguished, and no execution shall be issued except as a setoff or counterclaim:
a. For a real estate mortgage, deed of trust, or real estate contract executed prior to July 1, 2009, an action for the foreclosure of the real estate mortgage, deed of trust, or real estate contract upon property which at the time the foreclosure is commenced is either used for an agricultural purpose as defined in section 535.13 or as a one-family or two-family dwelling which is the residence of the mortgagor.
b. For a real estate mortgage, deed of trust, or real estate contract executed on or after July 1, 2009, an action for the foreclosure of the real estate mortgage, deed of trust, or real estate contract upon property which at the time of the execution of the mortgage, deed, or contract is either used for, or is being acquired for, an agricultural purpose as defined in section 535.13 or as a one-family or two-family dwelling which is the residence of the mortgagor.
2. As used in this section, “mortgagor” means a mortgagor or a borrower executing a deed of trust as provided in chapter 654 or a vendee of a real estate contract. [C35, §11033-e1; C39, §11033.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §615.1] 94 Acts, ch 1115, §1; 2006 Acts, ch 1132, §2, 16; 2008 Acts, ch 1031, §66; 2009 Acts, ch 51, §2, 17; 2013 Acts, ch 95, §2 Referred to in §654.1A, 654.17 \n
Notes of Decisions
U.S. Bank Nat'l Ass'n v. Lamb, 874 N.W.2d 112 (Iowa 2016).
· cites it 66× “executed prior to July 1, 2009, an action for the foreclosure ■ of the real estate mortgage_ Iowa Code § 615.1 (2013). Section 615.1, however, is qualified by Iowa Code section 654.”
Lacina v. Maxwell, 501 N.W.2d 531 (Iowa 1993).
· cites it 24× “The appellant argues that further collection efforts are barred by Iowa Code section 615.1 (1991), a special statute of limitations which limits actions on several types of judgments to two years.”
Dobler v. Bawden, 25 N.W.2d 866 (Iowa 1947).
· cites it 12× “Bawden, defendant in this action, pleaded herein as a defense to plaintiff’s, judgment the special statute of limitations, section 615.1, Code of 1946 .(section 11033.”
Fed. Land Bank of Omaha v. Lockard, 446 N.W.2d 808 (Iowa 1989).
· cites it 14× “See Iowa Code § 615.1 (1987). The land bank responds that it had not attempted to enforce the judgment because of Iowa Code section 654.”
Thorp Credit, Inc. v. Johnson, 257 N.W.2d 498 (Iowa 1977).
· cites it 9× “They sought to discharge the Thorp judgment lien against the Mauer homestead (purchased by Ryans at sheriff’s sale following execution and levy on the Wagener judgment) under the provisions of § 615.1, The Code. Although Ryans were not parties to this action prior to the…”
Mauer v. Rohde, 257 N.W.2d 489 (Iowa 1977).
· cites it 2× “Ryans’ motions raised for the first time the unenforceability of the Thorp judgment and lien under § 615.1, The Code, because no special execution had been issued thereon within two years from date of entry of the Thorp foreclosure decree.”
Fed. Land Bank of Omaha v. Recker, 460 N.W.2d 480 (Iowa Ct. App. 1990).
· cites it 10× “6 was inapplicable to the present case because the two-year limitation period of Iowa Code section 615.1 barred any attempt by the plaintiff, the Federal Land Bank (Bank), to recover on the deficiency.”
Appleby v. Farmers State Bank of Dows, 56 N.W.2d 917 (Iowa 1953).
· cites it 2× “This case decided the constitutionality of chapter 178, Acts of the Fortyrfifth General Assembly, now Code section 615.1, which invalidated certain judgments after the expiration of a two-year period.”
Beilke v. Droz, 316 N.W.2d 912 (Iowa 1982).
· cites it 2× “Although the Iowa renewal statute does not speak in terms of solidary liability, the ultimate responsibility of a liability insurer and insured in Iowa are in reality sufficiently alike by virtue of section 615.1 to bring their situation within the rationale of Hidalgo .”
— Iowa Code § 615.1(1) — 7 cases
U.S. Bank Nat'l Ass'n v. Lamb, 874 N.W.2d 112 (Iowa 2016).
“executed prior to July 1, 2009, an action for the foreclosure ■ of the real estate mortgage_ Iowa Code § 615.1 (2013). Section 615.1, however, is qualified by Iowa Code section 654.”
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