House File 2607 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HSB 767)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to mortgage foreclosures.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 6526HV 82
  4 rh/nh/8

PAG LIN



  1  1    Section 1.  Section 615.1, Code 2007, is amended to read as
  1  2 follows:
  1  3    615.1  EXECUTION ON CERTAIN JUDGMENTS PROHIBITED.
  1  4    1.  A After the expiration of a period of two years from
  1  5 the date of entry of judgment, exclusive of any time during
  1  6 which execution on the judgment was stayed pending a
  1  7 bankruptcy action, a judgment entered in an action for either
  1  8 of the following actions the foreclosure of a real estate
  1  9 mortgage, deed of trust, or real estate contract upon property
  1 10 which at the time of judgment is either used for an
  1 11 agricultural purpose as defined in section 535.13 or a
  1 12 one=family or two=family dwelling which is the residence of
  1 13 the mortgagor, or in any action on a claim for rent shall be
  1 14 null and void, all liens shall be extinguished, and no
  1 15 execution shall be issued for any purpose other than as a
  1 16 setoff or counterclaim after the expiration of a period of two
  1 17 years, exclusive of any time during which execution on the
  1 18 judgment was stayed pending a bankruptcy action, from the
  1 19 entry thereof.:
  1 20    a.  An action for the foreclosure of a real estate
  1 21 mortgage, deed of trust, or real estate contract upon property
  1 22 which at the time the foreclosure is commenced is either used
  1 23 for an agricultural purpose as defined in section 535.13 or as
  1 24 a one=family or two=family dwelling which is the residence of
  1 25 the mortgagor.
  1 26    b.  An action on a claim for rent.
  1 27    2.  As used in this section, "mortgagor" means a mortgagor
  1 28 or a borrower executing a deed of trust as provided in chapter
  1 29 654 or a vendee of a real estate contract.
  1 30    Sec. 2.  Section 615.3, Code 2007, is amended to read as
  1 31 follows:
  1 32    615.3  FUTURE JUDGMENTS WITHOUT FORECLOSURE.
  1 33    A judgment hereafter rendered on a promissory obligation
  1 34 secured by a mortgage, deed of trust, or real estate contract
  1 35 upon property which at the time of either the judgment or the
  2  1 commencement of a foreclosure proceeding of a prior mortgage
  2  2 is either used for an agricultural purpose as defined in
  2  3 section 535.13 or a one=family or two=family dwelling which is
  2  4 the residence of the mortgagor, but without foreclosure
  2  5 against the security, shall not be subject to renewal by
  2  6 action thereon, and, after the lapse of two years from the
  2  7 date of rendition, shall be without force and effect for any
  2  8 purpose whatsoever except as a setoff or counterclaim.  As
  2  9 used in this section, "mortgagor" means a mortgagor of a
  2 10 mortgage or a borrower executing a deed of trust as provided
  2 11 in chapter 654 or the vendee of a real estate contract.
  2 12    Sec. 3.  Section 654.17, Code Supplement 2007, is amended
  2 13 to read as follows:
  2 14    654.17  RECISION OF FORECLOSURE.
  2 15    1.  At any time prior to the recording of the sheriff's
  2 16 deed, and before the mortgagee's rights become unenforceable
  2 17 by operation of the statute of limitations, the judgment
  2 18 creditor, or the judgment creditor who is the successful
  2 19 bidder at the sheriff's sale, with the written consent of the
  2 20 mortgagor may rescind the foreclosure action by filing a
  2 21 notice of recision with the clerk of court in the county in
  2 22 which the property is located along with a filing fee of fifty
  2 23 dollars.  In addition, if the original loan documents are
  2 24 contained in the court file, the mortgagee shall pay a fee of
  2 25 twenty=five dollars to the clerk of the district court.  Upon
  2 26 the payment of the fee, the clerk shall make copies of the
  2 27 original loan documents for the court file, and return the
  2 28 original loan documents to the mortgagee.
  2 29    2.  Upon the filing of the notice of recision, the mortgage
  2 30 loan shall be enforceable according to the original terms of
  2 31 the mortgage loan and the rights of all persons with an
  2 32 interest in the property may be enforced as if the foreclosure
  2 33 had not been filed.  However, any findings of fact or law
  2 34 shall be preclusive for purposes of any future action unless
  2 35 the court, upon hearing, rules otherwise, and the mortgagee
  3  1 shall not be subject to a deficiency judgment if the judgment
  3  2 upon which the recision was based was subject to the
  3  3 provisions of section 615.1.  The mortgagor shall be assessed
  3  4 costs, including reasonable attorney fees, of foreclosure and
  3  5 recision if provided by the mortgage agreement.
  3  6    Sec. 4.  Section 655A.9, Code 2007, is amended to read as
  3  7 follows:
  3  8    655A.9  APPLICATION OF CHAPTER.
  3  9    This chapter does not apply to real estate used for an
  3 10 agricultural purpose as defined in section 535.13, or to a one
  3 11 or two family dwelling which is, at the time of the initiation
  3 12 of the foreclosure, occupied by an a legal or equitable
  3 13 titleholder.
  3 14                           EXPLANATION
  3 15    This bill relates to mortgage foreclosures.
  3 16    The bill specifies that, in regard to mortgage foreclosure
  3 17 deficiency judgments, a judgment in an action for the
  3 18 foreclosure of a real estate mortgage, deed of trust, or real
  3 19 estate contract upon property which at the time the
  3 20 foreclosure is commenced is either used for an agricultural
  3 21 purpose or a one=family or two=family dwelling which is the
  3 22 residence of the mortgagor, or in any action on a claim for
  3 23 rent, shall be null and void, all liens shall be extinguished,
  3 24 and no execution shall be issued for any purpose other than as
  3 25 a setoff or counterclaim after the expiration of two years
  3 26 from the date of entry of judgment.
  3 27    The bill provides that a judgment entered on a promissory
  3 28 obligation secured by a mortgage, deed of trust, or real
  3 29 estate contract upon property which at the time of either the
  3 30 judgment or the commencement of a foreclosure proceeding of a
  3 31 prior mortgage is either used for an agricultural purpose as
  3 32 defined in Code section 535.13 or a one=family or two=family
  3 33 dwelling which is the residence of the mortgagor, but without
  3 34 foreclosure against the security, shall not be subject to
  3 35 renewal by action thereon, and, after the lapse of two years
  4  1 from the date of recision, shall be without force and effect
  4  2 for any purpose whatsoever except as a setoff or counterclaim.
  4  3    The bill eliminates the requirement that written consent of
  4  4 a mortgagor must be obtained prior to utilizing the recision
  4  5 procedure in a foreclosure action pursuant to Code section
  4  6 654.17.  The bill also provides that in a recision of
  4  7 foreclosure proceeding, the mortgagee shall not be subject to
  4  8 a deficiency judgment if the judgment upon which the recision
  4  9 was based was subject to the provisions of Code section 615.1.
  4 10    The bill specifies that the nonjudicial foreclosure process
  4 11 specified in Code chapter 655A does not apply to a situation
  4 12 where a one=family or two=family dwelling is occupied by
  4 13 either a legal or equitable titleholder.
  4 14 LSB 6526HV 82
  4 15 rh/nh/8