Iowa Code » Chapter 654 — FORECLOSURE OF REAL ESTATE MORTGAGES
Iowa Code

Iowa Code § 654.4 (2026)

Separate suits on note and mortgage

✓ Iowa Code 2026 (laws through the 2025 session)
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If separate actions are brought in the same county on the bond or note, and on the mortgage given to secure it, the plaintiff must elect which to prosecute. The other will be discontinued at the plaintiff’s cost. [C51, §2086; R60, §3663; C73, §3320; C97, §4288; C24, 27, 31, 35, 39, §12375; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §654.4] Action on certain judgments prohibited, chapter 615 Related provision, §611.5

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Notes of Decisions
Cited in 8 cases, 1975–2018 · leading case: Brenton State Bank of Jefferson v. Tiffany, 440 N.W.2d 583 (Iowa 1989).
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Brenton State Bank of Jefferson v. Tiffany, 440 N.W.2d 583 (Iowa 1989). · cites it 4× “Upon a release by that court, the Bank then commenced its separate action for foreclosure of the real estate.”
Fed. Land Bank of Omaha v. Faught Bros., Inc., 468 N.W.2d 793 (Iowa 1991). · cites it 6× “*795 This is made clear by Iowa Code section 654.4 2 which requires an election when separate actions on the note and the mortgage are brought in the same county.”
Wade v. Solon State Bank (In Re Wade), 354 B.R. 876 (Bankr. N.D. Iowa 2006). · cites it 4× “” Iowa Code § 654.4 . Unlike the bank in Faught II, the Bank herein is not attempting to seek a personal judgment and general execution on a note already included in a foreclosure action.”
Royal Palm Corp. Ctr. Ass'n v. PNC Bank, NA, 89 So. 3d 923 (Fla. 4th DCA 2012). “2A:50-2 (consecutively); Nev.Rev.Stat. § 40.”
Keokuk State Bank v. Eckley, 354 N.W.2d 785 (Iowa Ct. App. 1984). · cites it 2× “A vendee, in order to comply with notice and avoid forfeiture under section 654.4, need not pay for preparation of the notice, only the reasonable costs of serving it.”
Citizens First Nat'l Bank of Storm Lake v. Turin, 431 N.W.2d 185 (Iowa Ct. App. 1988). · cites it 2× “In Verschoor , the mortgagee was required to make an election of remedies pursuant to Iowa Code section 654.4. If separate actions are brought in the same county on the note, and on the mortgage given to secure it, the plaintiff must elect which to prosecute.”
Nw. Nat'l Bank of Sioux City v. Verschoor, 230 N.W.2d 505 (Iowa 1975). · cites it 3× “Defendants’ other assignment of error relates to § 654.4, The Code, which provides: “If separate actions are brought in the same county on the bond or note, and on the mortgage given to secure it, the plaintiff must elect which to prosecute.”
Farmers Sav. Bank v. Richard Allen Wessels, Prime Rut, Inc., & Wessels Land, LLC, No. 17-1349 (Iowa Ct. App. Oct. 10, 2018). · cites it 2× “” See Iowa Code § 654.4 . Such circumstances are not present in this case.”
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