Iowa Code 654A.6 – Mandatory mediation proceedings
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Terms Used In Iowa Code 654A.6
- Contract: A legal written agreement that becomes binding when signed.
- property: includes personal and real property. See Iowa Code 4.1
654A.6 Mandatory mediation proceedings.
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 § 654.2A shall run concurrently with the time period for the mediation period provided in this section and § 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 § 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
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 § 654.2A shall run concurrently with the time period for the mediation period provided in this section and § 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 § 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