The mortgagor and the mortgagee of real property consisting of less than ten acres in size
may agree and provide in the mortgage instrument that the period of redemption after sale
on foreclosure of said mortgage as set forth in section 628.3 be reduced to six months, or
reduced to three months if the property is not used for an agricultural purpose as defined
in section 535.13, provided in all cases under this section that the mortgagee waives in the
foreclosure action any rights to a deficiency judgment against the mortgagor which might
arise out of the foreclosure proceedings. In such event the debtor will, in the meantime, be
entitled to the possession of said real property; and if such redemption period is so reduced,
for the first two months after sale such right of redemption shall be exclusive to the debtor,
and the time periods in sections 628.5, 628.15, and 628.16, shall be reduced to three months.
[C62, 66, 71, 73, 75, 77, 79, 81, §628.26]
2018 Acts, ch 1148, §3
Referred to in §654.25
\n
Notes of Decisions
Farmers Prod. Credit Ass'n v. McFarland, 374 N.W.2d 654 (Iowa 1985).
· cites it 16× “See Iowa Code § 628.26 . On April 6, 1984, the mortgagors conveyed their redemption rights to Daniel's mother, Dorothy McFarland.”
Farmers Sav. Bank, Joice v. Gerhart, 372 N.W.2d 238 (Iowa 1985).
· cites it 4× “Although the bank’s petition requested a six-month period of redemption, the record on appeal indicates the bank failed to comply with Iowa Code section 628.26. 2 The judgment entered by the district court merely noted the period of redemption was as provided by law.”
Banco Mortg. Co. v. Steil, 351 N.W.2d 784 (Iowa 1984).
· cites it 4× “Paragraph 10 implements Iowa Code section 628.26, which authorizes mortgage provisions in which the borrower accepts a redemption period reduced to six months and the lender waives the deficiency judgment.”
Brenton State Bank of Jefferson v. Tiffany, 400 N.W.2d 576 (Iowa 1987).
· cites it 4× “The application upon which the latter order was based recited that the judgment entered in that action was void because it provided for a shortened redemption period under Iowa Code section 628.26 and section 628.27 (1985) with respect to a mortgage secured by more than ten…”
Hawkeye Bank & Trust N.A. v. Milburn, 437 N.W.2d 919 (Iowa 1989).
· cites it 4× “Iowa Code §§ 628.26 -.28. Under these provisions the statutory time period for redemption may be as short as thirty days or as long as five years.”
Fed. Land Bank of Omaha v. Heeren, 398 N.W.2d 839 (Iowa 1987).
· cites it 2× “See Iowa Code § 628.26 ; Bauer, Statutory Redemption Reconsidered: The Operation of Iowa’s Redemption Statute in Two Counties Between 1881 and 1980, 70 Iowa L.”
Farmers Trust & Sav. Bank v. Manning, 359 N.W.2d 461 (Iowa 1984).
· cites it 2× “The period can be shortened by agreement under Iowa Code § 628.26 , or if the property is abandoned under Iowa Code § 628.”
McGee v. Damstra, 431 N.W.2d 375 (Iowa 1988).
“Sellers may not declare the full balance owing due and payable and proceed by suit at law or in equity to foreclose this contract in which-event Buyers agree to pay costs andattor-ney-f-ees and other expense incurred by Sellers-, — It-is-ag-reed that the periods of redemption…”
Milwaukee W. Bank v. Cedars of Cedar Rapids, Inc., 170 N.W.2d 670 (Iowa 1969).
· cites it 6× “*672 The mortgage included a clause allowing time for redemption to be shortened from one year to six months in accordance with section 628.26, Iowa Code, 1966. The decree of foreclosure provided the time for redemption he shortened to six months as provided in section 628.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.