§ 654.17

654.17 Rescission of foreclosure. 1. At any time prior to the recording of the sheriff’s deed, and before the mortgagee’s rights become unenforceable by operation of the statute of limitations, the judgment creditor,or the judgment creditor who is the successful bidder at the sheriff’s sale, may rescind theforeclosure action by filing a notice of rescission with the clerk of court in the county in whichthe property is located along with a filing fee of fifty dollars. In addition, if the original loandocuments are contained in the court file, the mortgagee shall pay a fee of twenty-five dollarsto the clerk of the district court. Upon the payment of the fee, the clerk shall make copies ofthe original loan documents for the court file, and return the original loan documents to themortgagee. 2. Upon the filing of the notice of rescission, the mortgage loan shall be enforceable according to the original terms of the mortgage loan and the rights of all persons with aninterest in the property may be enforced as if the foreclosure had not been filed. Exceptas otherwise provided in this section, the filing of a rescission shall operate as a settingaside of the decree of foreclosure and a

ty may be enforced as if the foreclosure had not been filed. Exceptas otherwise provided in this section, the filing of a rescission shall operate as a settingaside of the decree of foreclosure and a dismissal of the foreclosure without prejudice,with costs assessed against the plaintiff. However, any findings of fact or law shall bepreclusive for purposes of any future action unless the court, upon hearing, rules otherwiseand the mortgagee shall be permanently barred from a deficiency judgment if the judgmentrescinded was subject to the provisions of section 615.1. The mortgagee may charge themortgagor for the costs, including reasonable attorney fees, of foreclosure and rescission ifagreed to in writing by the mortgagor. 2006 Acts, ch 1132, §10, 16; 2007 Acts, ch 71, §5; 2007 Acts, ch 126, §106; 2009 Acts, ch 51, §9, 17; 2017 Acts, ch 54, §76 Sat Dec 23 12:22:07 2023 Iowa Code 2024, Section 654.17 (22, 0)