654.4B Acceleration of indebtedness — notice of mortgage mediation assistance.
1. Prior to commencing a foreclosure on the accelerated balance of a mortgage loan and after termination of any applicable cure period, including but not limited to those provided in section 654.2A or 654.2D, a creditor shall give the borrower a fourteen-day demand for payment of the accelerated balance to qualify for an award of attorney fees under section 625.25 on the accelerated balance.
2. Prior to filing a petition under this chapter on a one-family or two-family dwelling that is the residence of the owner, the creditor shall inform the owner of the availability of counseling and mediation on a form as the attorney general may prescribe. The notice required by this section shall be mailed by ordinary mail to the owner along with the notice of acceleration or other initial communication from the attorney representing the creditor in the action, and shall also be served on the owner with the original notice and petition seeking foreclosure. If, following application by the owner or on its own motion, the court finds that the notice was not served on the owner as required by this subsection and that the owner desires counseling or mediation, the court shall grant to the owner a delay of the sheriff’s sale or, in the event the sheriff’s sale has occurred and the mortgagee or its affiliate was the winning bidder at the sheriff’s sale, a delay of the recording of the sheriff’s deed. In either case, the delay shall not exceed sixty days. If the affidavit of service for the original notice in the court file indicates that the notice required by this subsection was served on the owner, there shall be a rebuttable presumption that the notice was served as required by this subsection. The court may grant an application for a delay pursuant to this subsection ex parte only if the court file does not show service of the notice on the owner along with the original notice. Objection to the failure of the mortgagee to serve the notice is barred unless an application under this subsection is timely filed and is granted before the date of the sale or recording, respectively. If the court delays the sheriff’s sale, the new sale date and time shall be announced orally by the sheriff at the time previously scheduled for sale, and the mortgagee need not republish and serve notice of the rescheduled sale.
2009 Acts, ch 51, §6, 16, 17; 2011 Acts, ch 134, §17, 29; 2012 Acts, ch 1134, §17, 21; 2013 Acts, ch 139, §54
Referred to in §657A.3
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 654 - FORECLOSURE OF REAL ESTATE MORTGAGES
Section 654.1 - Equitable proceedings.
Section 654.1A - Maintenance of mortgagor protections — discontinuation of occupation.
Section 654.2 - Deeds of trust.
Section 654.2A - Agricultural land — notice, right to cure default.
Section 654.2B - Requirements of notice of right to cure.
Section 654.2C - Mediation notice — foreclosure on agricultural property.
Section 654.2D - Nonagricultural land — notice, right to cure default.
Section 654.4 - Separate suits on note and mortgage.
Section 654.4A - Service of process — in rem relief.
Section 654.4B - Acceleration of indebtedness — notice of mortgage mediation assistance.
Section 654.5 - Judgment — sale and redemption.
Section 654.6 - Deficiency — general execution.
Section 654.8 - Junior encumbrancer entitled to assignment.
Section 654.9 - Payment of other liens — rebate of interest.
Section 654.9A - Release of superior liens by bond.
Section 654.11 - Foreclosure of title bond.
Section 654.12 - Vendee deemed mortgagor.
Section 654.12A - Priority of advances under mortgages.
Section 654.12B - Priority of recorded purchase money mortgage lien.
Section 654.13 - Pledge of rents — priority.
Section 654.14 - Preference in receivership — application of rents.
Section 654.15 - Continuance — moratorium.
Section 654.15A - Notice of sale to junior creditors.
Section 654.15B - Right to intervene — notice.
Section 654.16 - Separate redemption of homestead.
Section 654.16A - Right of first refusal following recording of sheriff’s deed to agricultural land.
Section 654.17 - Rescission of foreclosure.
Section 654.17A - Sale free of liens.
Section 654.17B - Divestment of junior liens pursuant to loan modification — repeal.
Section 654.17C - Military foreclosure protection — notice.
Section 654.18 - Alternative nonjudicial voluntary foreclosure procedure.
Section 654.19 - Deed in lieu of foreclosure — agricultural land.
Section 654.20 - Foreclosure without redemption — nonagricultural land.
Section 654.20A - Rights reserved.
Section 654.21 - Demand for delay of sale.
Section 654.22 - No demand for delay of sale.
Section 654.23 - No redemption rights after sale.
Section 654.24 - Deed and possession.