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 section 654.2A shall run concurrently with the time period for the mediation period provided in this section and section 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.

Terms Used In Iowa Code 654A.6

  • Agricultural property: means agricultural land that is principally used for farming as defined in section 9H. See Iowa Code 654A.1
  • Contract: A legal written agreement that becomes binding when signed.
  • Creditor: means the holder of a mortgage on agricultural property, a vendor of a real estate contract for agricultural property, a person with a lien or security interest in agricultural property, or a judgment creditor with a judgment against a debtor with agricultural property. See Iowa Code 654A.1
  • Farm mediation service: means the organization selected pursuant to section 13. See Iowa Code 654A.1
  • File: means to deliver by the required date by certified mail or another method acknowledging receipt. See Iowa Code 654A.1
  • Mediation release: means an agreement or statement signed by all parties or by less than all the parties and the mediator pursuant to section 654A. See Iowa Code 654A.1
  • property: includes personal and real property. See Iowa Code 4.1
 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 section 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.
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