628.27 Redemption where property abandoned.
The mortgagor and the mortgagee of any tract of real property consisting of less than ten acres in size may also agree and provide in the mortgage instrument that the court in a decree of foreclosure may find affirmatively that the tract has been abandoned by the owners and those persons personally liable under the mortgage at the time of such foreclosure, and that should the court so find, and if the mortgagee shall waive any rights to a deficiency judgment against the mortgagor or the mortgagor’s successors in interest in the foreclosure action, then the period of redemption after foreclosure shall be reduced to sixty days. If the redemption period is so reduced, the mortgagor or the mortgagor’s successors in interest or the owner shall have the exclusive right to redeem for the first thirty days after such sale and the times of redemption by creditors provided in sections 628.5, 628.15 and 628.16 shall be reduced to forty days. Entry of appearance by pleading or docket entry by or on behalf of the mortgagor shall be a presumption that the property is not abandoned.
[C71, 73, 75, 77, 79, 81, §628.27]
Referred to in §654.25
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Section 628.1 - Place of redemption.
Section 628.1A - Application of this chapter.
Section 628.2 - When sale absolute.
Section 628.3 - Redemption by debtor.
Section 628.4 - Redemption prohibited.
Section 628.5 - Redemption by creditors.
Section 628.6 - Mechanic’s lien before judgment.
Section 628.7 - Probate creditor.
Section 628.8 - Redemption by creditors from each other.
Section 628.9 - Senior creditor.
Section 628.10 - Junior may prevent.
Section 628.12 - Mortgage not matured — interest.
Section 628.13 - By holder of title.
Section 628.14 - By junior from senior creditor.
Section 628.15 - After nine months.
Section 628.16 - Who gets property.
Section 628.17 - Claim extinguished.
Section 628.18 - Mode of redemption.
Section 628.19 - Credit on lien.
Section 628.20 - Excess payment — credit.
Section 628.21 - Contest determined.
Section 628.22 - Assignment of certificate.
Section 628.23 - Redemption of part of property.
Section 628.24 - Interest of tenant in common.
Section 628.25 - Transfer of debtor’s right.
Section 628.26 - Agreement to reduce period of redemption.
Section 628.26A - Agreement to extend period of redemption — agricultural land.
Section 628.27 - Redemption where property abandoned.
Section 628.28 - Redemption of property not used for agricultural or certain residential purposes.
Section 628.29 - Redemption by creditor pursuant to alternative foreclosure.