Iowa Code 656.2 – Notice
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1. The forfeiture shall be initiated by the vendor by serving on the vendee a written notice which shall:
a. Reasonably identify the contract by a document reference number and accurately describe the real estate covered.
b. Specify the terms of the contract with which the vendee has not complied.
c. State that unless, within thirty days after the completed service of the notice, the vendee performs the terms in default and pays the reasonable costs of serving the notice, the contract will be forfeited.
d. Specify the amount of attorney fees claimed by the vendor pursuant to section 656.7 and state that payment of the attorney fees is not required to comply with the notice and prevent forfeiture.
Terms Used In Iowa Code 656.2
- Collateral: means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant. See Iowa Code 651.1
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Iowa Code 651.1
- Recording: when applied to the official public records of a probate or other court, includes filing. See Iowa Code 614.29
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Iowa Code 633D.2
2. a. The vendor shall also serve a copy of the notice required in subsection 1 on the person in possession of the real estate, if different than the vendee; on all the vendee’s mortgagees of record; and on a person who asserts a claim against the vendee’s interest, except a government or governmental subdivision or agency holding a lien for real estate taxes or assessments, if the person has done both of the following:
(1) Requested, on a form which substantially complies with the following form, that notice of forfeiture be served on the person at an address specified in the request.
REQUEST FOR NOTICE PURSUANT TO IOWA CODE SECTION 656.2, SUBSECTION 2
The undersigned requests service of notice under Iowa Code sections 656.2 and 656.3 to forfeit the contract recorded on the …….. day of ……………. (month), …….. (year), in book or roll ……………., image or page …………, office of the ……………. county recorder, ……………….. county, Iowa, wherein …………………………………. is/are seller(s) and …………………………………. is/are buyer(s), for sale of real estate legally described as: [insert complete legal description] …………………………………………….NAME …………………………………………….…………………………………………….…………………………………………….ADDRESS CAUTION: Your name and address must be correct. If not correct, you will not receive notice requested because notice need only be served on you at the above address. If your address changes, a new request for notice must be filed.
(2) Filed the request form for record in the office of the county recorder after acquisition of the vendee’s interest but prior to the date of recording of the proof and record of service of notice of forfeiture required by section 656.5 and paid a fee of five dollars.
b. The request for notice is valid for a period of five years from the date of filing with the county recorder. The request for notice may be renewed for additional periods of five years by the procedure specified in this subsection. The request for notice may be amended at any time by the procedure specified in this subsection. The request for notice shall be indexed.
c. The vendee’s mortgagees of record include all assignees of record for collateral purposes.
3. As used in this section, the terms “vendor” and “vendee” include a successor in interest but the term “vendee” excludes a vendee who assigned or conveyed of record all of the vendee’s interest in the real estate.