If the terms and conditions as to which there is default are not performed within thirty
days, the party serving the notice or causing the notice to be served, may file for record in the
office of the county recorder a copy of the notice with proofs of service attached or endorsed
thereon. If notice has been served by publication, a personal affidavit that personal service
could not be made within this state shall also be attached or endorsed on the notice. When\n\nTue Dec 09 21:58:01 2025 Iowa Code 2026, Chapter 656 (21, 0)
3 FORFEITURE OF REAL ESTATE CONTRACTS, §656.9\n\nso filed and recorded, the said record shall be constructive notice to all parties of the due
forfeiture and cancellation of the contract.
[S13, §4300; C24, 27, 31, 35, 39, §12393; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §656.5]
2015 Acts, ch 30, §190
Referred to in §656.2, 656.8, 656.9
\n
Notes of Decisions
Cited in
17
cases (
2 in the last 5 years), 1974–2025 · leading case:
Abodeely v. Cavras, 221 N.W.2d 494 (Iowa 1974).
Abodeely v. Cavras, 221 N.W.2d 494 (Iowa 1974).
· cites it 10× “Based on its findings of fact the trial court concluded, (1) the filing and recording provided by code section 656.5 relating to forfeiture of real estate contracts is not essential to complete the forfeiture as between the parties to the contract; such filing and recording is…”
Gottschalk v. Simpson, 422 N.W.2d 181 (Iowa 1988).
· cites it 6× “Gottschalks did not, however, file a copy of the notice of forfeiture, as provided by Iowa Code section 656.5, to complete the forfeiture record.”
In Re Vacation Vill. Ltd. P'ship, 49 B.R. 590 (Bankr. D. Iowa 1984).
· cites it 6× “Iowa Code § 656.5 (1983) provides that a contract vendor, after the expiration of the cure period, may file the notice of forfeiture in the County Recorder’s office “and when so filed and recorded, the record shall be constructive notice to all parties of the due forfeiture and…”
Pierce v. Farm Bureau Mut. Ins. Co., 548 N.W.2d 551 (Iowa 1996).
· cites it 2× “In addition, *558 the mere passage of thirty days does not automatically work a forfeiture of the real estate contract under Iowa Code section 656.5 (vendor may forfeit contract thirty days after notice to buyer to cure default).”
Ganzer v. Pfab, 360 N.W.2d 754 (Iowa 1985).
· cites it 4× “Iowa Code § 656.5 . However, no written notice of termination of farm tenancy was served on defendant by anyone prior to September 1, 1982.”
Slade v. M.L.E. Inv. Co., 566 N.W.2d 503 (Iowa 1997).
· cites it 2× “§ 656.5. On November 5, 1992, M.L.E. started a mortgage foreclosure action in district court with regard to the Clark Street property.”
Reed v. Gaylord, 216 N.W.2d 327 (Iowa 1974).
· cites it 2× “Section 656.5, The Code. When the vendees did not vacate the premises Davies caused a three-day notice to quit addressed to Kenny Lee Reed and Margaret Reed to be served April 29.”
Jensen v. Schreck, 275 N.W.2d 374 (Iowa 1979).
“Schrecks’ due process argument as to state involvement is that if Randolph followed the statutory forfeiture procedures, § 656.5 “provides the Seller with what appears to be marketable title,” and that “the court’s action in enforcement of the contract and completion of the…”
Keokuk State Bank v. Eckley, 354 N.W.2d 785 (Iowa Ct. App. 1984).
· cites it 2× “On December 7, 1982, the Keokuk Bank filed an affidavit, pursuant to Iowa Code section 656.5 (1981), in support of forfeiture of the real estate contract.”
Farmers & Merchants Sav. Bank v. Farm Bureau Mut. Ins. Co., 405 N.W.2d 834 (Iowa 1987).
· cites it 2× “See Iowa Code § 656.5 . At the time of the forfeiture, Elgin and Sands owed the Shearers on the contract the sum of $426,-146 which included principal and interest, taxes, and miscellaneous items.”
Risken v. Clayman, 398 N.W.2d 833 (Iowa 1987).
· cites it 2× “See Iowa Code § 656.5 . After trial, the district court ruled on January 20, 1984, there was a substantial default on the contract and allowed the forfeiture to stand.”
Koch v. Kostichek, 409 N.W.2d 680 (Iowa 1987).
“§ 656.5. The vendor is then entitled to the return of the land to which the vendee has no further rights.”
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.