Iowa Code 654.5 – Judgment — sale and redemption
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Terms Used In Iowa Code 654.5
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- property: includes personal and real property. See Iowa Code 4.1
654.5 Judgment — sale and redemption.
1. When a mortgage or deed of trust is foreclosed, the court shall do all of the following:
a. Render judgment for the entire amount found to be due.
b. Direct the mortgaged property, or so much thereof as is necessary, to be sold to satisfy the judgment, with interest and costs.
c. Determine issues of title raised in the pleadings to establish the rights and priorities
of the parties and persons served with notice pursuant to § 654.15B in the property subject to foreclosure as may be reasonably necessary to allow a purchaser at a sheriff’s sale to obtain clear title.
2. A special execution shall issue under such conditions as the decree may prescribe, and the sale under the special execution is subject to redemption as in cases of sale under general execution unless the plaintiff has elected foreclosure without redemption under § 654.20.
3. The clerk shall provide a copy of the decree by ordinary or electronic mail to all parties in the foreclosure proceeding and all persons served with notices under § 654.15B.
[C51, §2084; R60, §3661; C73, §3321; C97, §4289; C24, 27, 31, 35, 39, §12376; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, §654.5]
87 Acts, ch 142, §2; 2009 Acts, ch 51, §7, 17
Redemption, chapter 628
1. When a mortgage or deed of trust is foreclosed, the court shall do all of the following:
a. Render judgment for the entire amount found to be due.
b. Direct the mortgaged property, or so much thereof as is necessary, to be sold to satisfy the judgment, with interest and costs.
c. Determine issues of title raised in the pleadings to establish the rights and priorities
of the parties and persons served with notice pursuant to § 654.15B in the property subject to foreclosure as may be reasonably necessary to allow a purchaser at a sheriff’s sale to obtain clear title.
2. A special execution shall issue under such conditions as the decree may prescribe, and the sale under the special execution is subject to redemption as in cases of sale under general execution unless the plaintiff has elected foreclosure without redemption under § 654.20.
3. The clerk shall provide a copy of the decree by ordinary or electronic mail to all parties in the foreclosure proceeding and all persons served with notices under § 654.15B.
[C51, §2084; R60, §3661; C73, §3321; C97, §4289; C24, 27, 31, 35, 39, §12376; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, §654.5]
87 Acts, ch 142, §2; 2009 Acts, ch 51, §7, 17
Redemption, chapter 628