The courts have inherent power to restrain the sale of mortgaged premises in foreclosure proceedings, but are reluctant to exercise such power except where it is shown that particular circumstances, extrinsic to the instrument, would render its enforcement in this manner inequitable and work irreparable injury, and that complainant has no adequate remedy at law. Furthermore, a party must show a probable right of recovery in order to obtain a temporary injunction of a foreclosure action.
Iowa Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust
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FAQ
Pre foreclosure homes come when a homeowner fails to make mortgage payments, causing the lender to issue a notice of default. This is a legal notice that means the lender has begun the foreclosure process.
Most foreclosures on Iowa property take about 5 or 6 months to complete. Iowa is a judicial foreclosure state. Therefore, all foreclosures occur through the judicial system so the time frame can vary ing to the court's schedule and orders in a particular case.
Ways to Stop Foreclosure in Iowa Declare Bankruptcy. Yes, bankruptcy is a way through which foreclosure can be stopped. ... Applying for Loan Modification. ... Reinstating Your Loan. ... Plan for Repayment. ... Refinancing. ... Sell Out Your Home. ... Short Sale. ... Deed In Lieu of Foreclosure.
This is when you give the deed to your home to the mortgage company, and the mortgage company agrees not to foreclose. A mortgage company may require you to try to sell your home before agreeing to a Deed in Lieu of foreclosure.
There are some states that have a redemption period, which allows the borrower to buy back the property from the bank. In Iowa, if the bank proceeds with a judicial foreclosure with redemption, the borrower has up to a year to redeem the property back from the bank.
In Iowa, the redemption period after a judicial foreclosure is generally one year from the date of sale. (Iowa Code § 628.3).