- Who sends it
- The lender's attorney, by ordinary mail to your last known address, and to your lawyer if the lender knows you have one
- What it starts
- At least 10 days, counted from the mailing date, before the lender can apply for your default
- Do this first
- File an answer with the clerk now and call Iowa Legal Aid at 1-800-532-1503
What this notice is in Iowa
Iowa R. Civ. P. 1.971 says you are in default if you do not serve and file a motion or answer within the 20 days the original notice gave you. Under Iowa R. Civ. P. 1.972, the clerk can enter your default without a judge, but only if the lender's written application certifies that a written notice of intention to file it was given after the default and at least 10 days before the application. The notice follows Form 10 in the Iowa court rules, the Form of Notice of Intent to File Written Application for Default.
Iowa Legal Aid explains that the notice tells you that you have not filed any written response with the clerk, and that unless you respond within 10 days the court will enter a foreclosure judgment without a hearing.
What it does and does not mean
- It is not a judgment yet. You can still file an answer, and a demand for delay of sale if the petition elected foreclosure without redemption.
- Once your default is entered, the lender can ask for judgment without hearing your side (Iowa R. Civ. P. 1.973).
- The lender does not have to send any other notice before applying (Iowa R. Civ. P. 1.972(3)(a)).
- If you were served by publication, the lender does not have to send this notice at all (Iowa R. Civ. P. 1.972(4)).
The deadline and how to count it
- The 10 days begin on the date the notice was mailed, not the day you received it (Iowa R. Civ. P. 1.972(3)(c)). Look for the mailing date on the notice or the postmark.
- Count calendar days starting the day after mailing (Iowa Code § 4.1(34), applied to the court rules by Iowa R. Civ. P. 1.1801). Mail can take several days, so you may have much less than 10 days left when it arrives.
- Your demand for delay of sale must be on file before judgment is entered (Iowa Code § 654.21). A default judgment can follow quickly once the default is entered.
- If a default judgment is entered, a motion to set it aside for mistake, surprise, excusable neglect or unavoidable casualty must be filed promptly and no more than 60 days after the judgment (Iowa R. Civ. P. 1.977). That is hard to win, so act before the 10 days end.
What to do this week
- Today, call Iowa Legal Aid at 1-800-532-1503, or 1-800-992-8161 if you are 60 or older. Its online page says applicants with a deadline or hearing in the next week should call.
- File an answer with the clerk of the district court, and serve a copy on the lender's attorney. Iowa Legal Aid's foreclosure questions page links to a sample answer.
- If the petition elected foreclosure without redemption, decide with legal advice whether to file a demand for delay of sale at the same time.
- Call your servicer and Iowa Mortgage Help at 1-877-622-4866 about a workout, but do not wait for an answer from them before filing.
The Iowa foreclosure help page lists who to call at each stage.
The rest of the Iowa process
See how foreclosure works in Iowa, the timeline, ways to stop it and free help in Iowa, or read the national guide to this letter.
Common questions
When do the 10 days on an Iowa notice of intent to file for default start?
On the date the notice was mailed, not the date you received it (Iowa R. Civ. P. 1.972(3)(c)). Count from the day after mailing.
Can I still answer an Iowa foreclosure after the 20 days if I got this notice?
The notice exists to give you a last chance before your default is entered. File an answer with the clerk as soon as you can, before the lender applies for default. Talk to Iowa Legal Aid or a lawyer the same day.
What happens after the clerk enters my default in an Iowa foreclosure?
The lender can ask for judgment without a hearing (Iowa R. Civ. P. 1.973). The judgment sets the amount and orders the home sold, and any demand for delay of sale had to be filed before it was entered (Iowa Code § 654.21).
Other Iowa letters
- Notice of Right to CureBefore an Iowa lender can call your whole loan due or file a foreclosure on the home you live in, it must give you a written notice of right to cure. You then have 30 days to pay the missed installments, or the amount in the notice if that is less. If you cure, your loan goes back to normal.
- Mortgage Mediation NoticeThe Mortgage Mediation Notice is a one-page form that Iowa law requires your lender's attorney to send you twice: with its first letter and again with the foreclosure petition. It tells you free counseling and mediation are available through Iowa Mortgage Help at 1-877-622-4866. Getting it means a foreclosure has started or is about to.
- Original Notice and Petition (foreclosure)In Iowa, a foreclosure case starts when you are served with an original notice and the lender's petition. You have 20 days after service to serve an answer or motion. Read the first page closely: if it says the plaintiff elected foreclosure without redemption, you have a right to file a demand for delay of sale before judgment.
- Notice of Sheriff's SaleAfter judgment, the county sheriff sells the home at a public auction. The sale must be posted and published at least 4 weeks ahead, and if you live in the home the sheriff must serve you with written notice at least 20 days before. Whether you can stay after the sale depends on which track your case is on.
- Three-day notice to quit after a sheriff's saleAfter an Iowa foreclosure sale, you can be removed only by court order. Iowa Legal Aid says many foreclosure decrees already contain that order. If yours does not, the buyer must give you a written 3-day notice to quit before filing an eviction case, and the court then sets a hearing within about 8 days of filing.