1. a. A creditor subject to this chapter desiring to initiate a proceeding to enforce a debt
against agricultural property which is real estate under chapter 654, to forfeit a contract to
purchase agricultural property under chapter 656, to enforce a secured interest in agricultural
property under chapter 554, or to otherwise garnish, levy on, execute on, seize, or attach
agricultural property, shall file a request for mediation with the farm mediation service. The
creditor shall not begin the proceeding subject to this chapter until the creditor receives a
mediation release, or until the court determines after notice and hearing that the time delay
required for the mediation would cause the creditor to suffer irreparable harm. Title to land
that is agricultural property is not affected by the failure of any creditor to receive a mediation
release regardless of its validity. The time period for the notice of right to cure provided in
section 654.2A shall run concurrently with the time period for the mediation period provided
in this section and section 654A.10.
b. The requirements of paragraph “a” are jurisdictional prerequisites to a creditor filing a
civil action that initiates a proceeding subject to this chapter.
2. Upon the receipt of a request for mediation, the farm mediation service shall conduct
an initial consultation with the borrower without charge. The borrower may waive mediation
after the initial consultation.
3. Unless the borrower waives mediation, the borrower shall file a list containing at least
the name and place of business for each creditor as defined in section 654A.1 or apply for
an extension to file the list with the farm mediation service within twenty-one days of the
service’s receipt of a request for mediation.
86 Acts, ch 1214, §19; 87 Acts, ch 73, §2; 89 Acts, ch 108, §3; 2000 Acts, ch 1129, §1
Referred to in §654A.1
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Notes of Decisions
First Nat'l Bank in Lenox v. Heimke, 407 N.W.2d 344 (Iowa 1987).
· cites it 10× “This interlocutory appeal involves the applicability of the recently enacted farm mediation statute, 1986 Iowa Acts chapter 1214, section 19 (codified at Iowa Code section 654A.6 (1987)), 1 to foreclosure actions filed prior to the effective date of the statute.”
Prod. Credit Ass'n of the Midlands v. Shirley, 485 N.W.2d 469 (Iowa 1992).
· cites it 6× “See Iowa Code § 654A.6 (1987). Section 654A.6 stays a creditor such as PCA from initiating any proceedings to enforce its claims against agricultural property until the creditor obtains a mediation release.”
Kent Feeds, Inc. v. Manthei, 646 N.W.2d 87 (Iowa 2002).
· cites it 6× “4 had been met here, the further provisions of section 654A.6 would defeat defendants’ argument.”
Klinge v. Bentien, 725 N.W.2d 13 (Iowa 2006).
“The bill specifies that the mediation requirements in Code sections 654A.6 and 654B.3 are jurisdictional prerequisites that must be satisfied before a case can be filed under the chapters.”
Graham v. Baker, 447 N.W.2d 397 (Iowa 1989).
· cites it 4× “Iowa Code § 654A.6 (1987). The statute grants no coercive authority to the mediation service to impose a solution on the parties.”
Beckman v. Kitchen, 599 N.W.2d 699 (Iowa 1999).
· cites it 6× “The court also ruled Kitchen’s attempted rescission constituted a “seizure” of agricultural property triggering the mediation requirements of Iowa Code section 654A.6 (1997). 1 Finding Beckman was not in default, the court awarded him the right to tender performance under the…”
Diaz v. Thompson, 691 N.W.2d 744 (Iowa Ct. App. 2004).
· cites it 8× “Thompson filed a “motion to set aside sale,” alleging: 1) He was denied his right of redemption 2) Diaz failed to obtain a mediation release as required by Iowa Code section 654A.6. 3)The sale produced a price well below market value.”
U.S. Bank v. Langmaid (Iowa Ct. App. 2023).
· cites it 4× “At issue here is a petition filed in June 2022 for foreclosure on the same property, again filed by U.”
— Iowa Code § 654A.6(1) — 4 cases
First Nat'l Bank in Lenox v. Heimke, 407 N.W.2d 344 (Iowa 1987).
“This interlocutory appeal involves the applicability of the recently enacted farm mediation statute, 1986 Iowa Acts chapter 1214, section 19 (codified at Iowa Code section 654A.6 (1987)), 1 to foreclosure actions filed prior to the effective date of the statute.”
Beckman v. Kitchen, 599 N.W.2d 699 (Iowa 1999).
“The court also ruled Kitchen’s attempted rescission constituted a “seizure” of agricultural property triggering the mediation requirements of Iowa Code section 654A.6 (1997). 1 Finding Beckman was not in default, the court awarded him the right to tender performance under the…”
— Iowa Code § 654A.6(1)(5) — 1 case
— Iowa Code § 654A.6(1)(6) — 1 case
— Iowa Code § 654A.6(1)(a) — 3 cases
U.S. Bank v. Langmaid (Iowa Ct. App. 2023).
“At issue here is a petition filed in June 2022 for foreclosure on the same property, again filed by U.”
— Iowa Code § 654A.6(2) — 1 case
First Nat'l Bank in Lenox v. Heimke, 407 N.W.2d 344 (Iowa 1987).
“This interlocutory appeal involves the applicability of the recently enacted farm mediation statute, 1986 Iowa Acts chapter 1214, section 19 (codified at Iowa Code section 654A.6 (1987)), 1 to foreclosure actions filed prior to the effective date of the statute.”
— Iowa Code § 654A.6(a)(1) — 1 case
U.S. Bank v. Langmaid (Iowa Ct. App. 2023).
“At issue here is a petition filed in June 2022 for foreclosure on the same property, again filed by U.”
— Iowa Code § 654A.6(l) — 1 case
— Iowa Code § 654A.6(l)(a) — 3 cases
Kent Feeds, Inc. v. Manthei, 646 N.W.2d 87 (Iowa 2002).
“4 had been met here, the further provisions of section 654A.6 would defeat defendants’ argument.”
Diaz v. Thompson, 691 N.W.2d 744 (Iowa Ct. App. 2004).
“Thompson filed a “motion to set aside sale,” alleging: 1) He was denied his right of redemption 2) Diaz failed to obtain a mediation release as required by Iowa Code section 654A.6. 3)The sale produced a price well below market value.”
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