Iowa Code

Iowa Code § 654.8 (2026)

Junior encumbrancer entitled to assignment

✓ current as of July 2026

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At any time prior to the sale, a person having a lien on the property which is junior to the mortgage will be entitled to an assignment of all the interest of the holder of the mortgage, by paying the holder the amount secured, with interest and costs, together with the amount of any other liens of the same holder which are paramount to the person’s. The person may then proceed with the foreclosure, or discontinue it, at the person’s option. [C51, §2088; R60, §3665; C73, §3323; C97, §4292; C24, 27, 31, 35, 39, §12379; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §654.8] Referred to in §654.17A

Notes of Decisions

Cited in 4 cases, 1985–1992 · leading case: Gaumer v. Hartford-Carlisle Sav. Bank, 451 N.W.2d 497 (Iowa 1990).

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Gaumer v. Hartford-Carlisle Sav. Bank, 451 N.W.2d 497 (Iowa 1990). · cites it 26× “This appeal involves a dispute as to the sufficiency of an amount tendered by a junior encumbrancer to a senior encum-brancer under Iowa Code section 654.8 (1987). The district court ruled that the amount tendered was insufficient.”

Qualley v. State Fed. Sav. & Loan, 487 N.W.2d 353 (Iowa Ct. App. 1992). · cites it 6× “They also contended the forfeiture involved agricultural land, and before forfeiture could be commenced, the defendant was required to meet the mediation requirements of Iowa Code section 654.8. The trial court found a diligent search had been conducted, and the property was not…”

Klotz v. Klotz, 440 N.W.2d 406 (Iowa Ct. App. 1989). · cites it 2× “Iowa Code section 654.8 provides "At any time prior to the sale, a person having a lien on the property which is junior to the mortgage will be entitled to an assignment of all the interest of the holder of the mortgage, by paying the holder the amount secured, with interest and…”

Farmers Prod. Credit Ass'n v. McFarland, 374 N.W.2d 654 (Iowa 1985). · cites it 2× “7 (disposal of over-plus "if there is no other lien upon the property"); § 654.8 (providing "a person having a lien on the property which is junior to the mortgage" can be assigned the interest of the holder of the mortgage); § 654.”

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