Iowa Code

Iowa Code § 628.27 (2026)

Redemption where property abandoned

✓ current as of July 2026

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The mortgagor and the mortgagee of any tract of real property consisting of less than ten acres in size may also agree and provide in the mortgage instrument that the court in a decree of foreclosure may find affirmatively that the tract has been abandoned by the owners and those persons personally liable under the mortgage at the time of such foreclosure, and that should the court so find, and if the mortgagee shall waive any rights to a deficiency judgment against the mortgagor or the mortgagor’s successors in interest in the foreclosure action, then the period of redemption after foreclosure shall be reduced to sixty days. If the redemption period is so reduced, the mortgagor or the mortgagor’s successors in interest or the owner shall have the exclusive right to redeem for the first thirty days after such sale and the times of redemption by creditors provided in sections 628.5, 628.15 and 628.16 shall be reduced to forty days. Entry of appearance by pleading or docket entry by or on behalf of the mortgagor shall be a presumption that the property is not abandoned. [C71, 73, 75, 77, 79, 81, §628.27] Referred to in §654.25

Notes of Decisions

Cited in 3 cases, 1984–1987 · leading case: Banco Mortg. Co. v. Steil, 351 N.W.2d 784 (Iowa 1984).

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Banco Mortg. Co. v. Steil, 351 N.W.2d 784 (Iowa 1984). · cites it 16× “27 provides in part: The mortgagor and the mortgagee of any tract of real property consisting of less than ten acres in size may also agree and provide in the mortgage instrument that the court in a decree of foreclosure may find affirmatively that the tract has been abandoned…”

Brenton State Bank of Jefferson v. Tiffany, 400 N.W.2d 576 (Iowa 1987). · cites it 6× “26 and section 628.27 (1985) with respect to a mortgage secured by more than ten acres of real property.”

Farmers Trust & Sav. Bank v. Manning, 359 N.W.2d 461 (Iowa 1984). · cites it 2× “26 , or if the property is abandoned under Iowa Code § 628.27 . Effective July 1, 1984, the period is shortened for non-residential and non-agricultural property.”

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