Iowa Code

Iowa Code § 654.1 (2026)

Equitable proceedings

✓ current as of July 2026
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Except as provided in section 654.18, a deed of trust or mortgage of real estate shall not be foreclosed in any other manner than by action in court by equitable proceedings. [C51, §2083, 2096; R60, §3660, 3673, 4179; C73, §3319; C97, §4287; C24, 27, 31, 35, 39, §12372; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §654.1] 85 Acts, ch 252, §45

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Notes of Decisions
Cited in 29 cases (4 in the last 5 years), 1948–2026 · leading case: Bank of Am., N.A. v. Schulte, 843 N.W.2d 876 (Iowa 2014).
Bank of Am., N.A. v. Schulte, 843 N.W.2d 876 (Iowa 2014). · cites it 4× “17, the rescission operates as a setting aside of the decree of foreclosure and a dismissal of the foreclosure without prejudice. Accordingly, the district court granted Bank of America’s motion to set aside the decree.”
Freedom Fin. Bank v. Est. of Edward J. Boesen, 805 N.W.2d 802 (Iowa 2011). · cites it 2× “The court of appeals held Maureen’s statutory dower interest in the real property was free and clear of the estate’s other debts and charges.”
Nash Finch Co. v. Corey Dev., Ltd., 669 N.W.2d 546 (Iowa 2003). · cites it 10× “” Iowa Code § 654.1 . That is, this statute merely restricts foreclosure remedies to those within the court’s equity.”
West Branch State Bank v. Gates, 477 N.W.2d 848 (Iowa 1991). · cites it 2× “Iowa Code § 654.1 (1987). Accordingly, our scope of review is de novo.”
Freese Leasing, Inc. v. Union Trust & Sav. Bank, Stanwood, 253 N.W.2d 921 (Iowa 1977). “§ 654.1, The Code. Therefore the present controversy involves equitable subject matter and was triable in equity.”
Willow Tree Investments, Inc. v. Wilhelm, 465 N.W.2d 849 (Iowa 1991). · cites it 2× “Iowa Code § 654.1 . Under Iowa law, a deed of trust is treated as having the same effect as a mortgage.”
Hawkeye Bank & Trust Co. v. Michel, 373 N.W.2d 127 (Iowa 1985). · cites it 2× “Iowa Code § 654.1 (1983). Our review is de novo.”
First State Bank, Belmond v. Kalkwarf, 495 N.W.2d 708 (Iowa 1993). · cites it 2× “Klooster claims priority on two grounds. He contends (1) the mortgage is fraudulent as to him, and (2) Iowa Code section 654.”
Lincoln Jt. Stock Land Bank v. Mitchell, 33 N.W.2d 388 (Iowa 1948). · cites it 2× “This foreclosure was by action in court and sale in compliance wdth section 654.1, Code of Iowa, 1946. The quoted subsection of the 1940 Federal Act did not apply to foreclosures by this method.”
First Nat'l Bank in Fairfield v. Diers, 430 N.W.2d 412 (Iowa 1988). · cites it 2× “Iowa Code § 654.1 (1987), I. Separate Redemption of Homestead.”
In Re Phillips, 439 B.R. 892 (Bankr. N.D. Ala. 2010). “Iowa Code § 654.1 et seq. As in Florida, the court renders a judgment of foreclosure and directs that the mortgaged property be sold; should the sale not satisfy the judgment, the court may issue a general execution against the mortgagor.”
Citizens First Nat'l Bank of Storm Lake v. Turin, 431 N.W.2d 185 (Iowa Ct. App. 1988). · cites it 2× “The Turins never filed a farm mediation request nor raised the lack of a mediation release in any of their answers to plaintiff’s petitions.”
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.