Senate Study Bill 1041 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON FRAISE) A BILL FOR An Act relating to the foreclosure of a real estate mortgage. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1578SC (3) 84 rh/sc
S.F. _____ Section 1. Section 654.5, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. a. A special execution shall issue under such conditions 3 as the decree may prescribe, and the sale under the special 4 execution is subject to redemption as in cases of sale under 5 general execution unless the plaintiff has elected foreclosure 6 without redemption under section 654.20 . 7 b. A successful bidder at the sale who is not affiliated 8 with the judgment creditor may elect to receive, in lieu 9 of a sheriff’s deed or sheriff’s certificate of sale, an 10 assignment without recourse by operation of law of all of the 11 judgment creditor’s interest in the judgment, the underlying 12 indebtedness, and any policies of title, property, and any 13 other similar insurance or guaranty owned by the judgment 14 creditor relating to the affected property. Except for a sale 15 that is subject to redemption, an assignment under this section 16 shall bar junior interests in the property as if an assignment 17 had not been elected. If the sale is subject to redemption, 18 the period to redeem shall commence on the date of the sale 19 resulting in the assignment. 20 EXPLANATION 21 This bill relates to the foreclosure of a real estate 22 mortgage. 23 Current law relating to foreclosure with redemption provides 24 a statutory right of redemption to the debtor of the foreclosed 25 property which allows the debtor to reclaim the debtor’s 26 foreclosed property by making payment in full of the unpaid 27 loan plus costs (Code section 628.3). This right of redemption 28 also applies to creditors, under some circumstances, if the 29 debtor does not exercise the debtor’s right to redeem (Code 30 sections 628.5 and 628.8). Once the redemption period expires 31 (generally, one year from the day of the sale) without a 32 party redeeming the property, the purchaser is entitled to a 33 sheriff’s deed which conveys title only as it existed when the 34 mortgage was executed. 35 -1- LSB 1578SC (3) 84 rh/sc 1/ 2
S.F. _____ This bill allows a successful bidder at a sheriff’s sale 1 who is not affiliated with the judgment creditor to elect to 2 receive, in lieu of a sheriff’s deed or sheriff’s certificate 3 of sale, an assignment of all of the judgment creditor’s 4 interest in the judgment, the underlying indebtedness, and any 5 policies of title, property, and any other similar insurance 6 or guaranty owned by the judgment creditor relating to the 7 affected property. Except for a sale that is subject to 8 redemption, an assignment under the bill bars junior interests 9 in the property as if an assignment had not been elected. If 10 the sale is subject to redemption, the period to redeem begins 11 on the date of the sale resulting in the assignment. 12 -2- LSB 1578SC (3) 84 rh/sc 2/ 2