- Who sends it
- The county sheriff, served on you if you live in the home, and also posted in three public places and published twice in a county newspaper
- What it starts
- At least 20 days from service to the sale, and at least 4 weeks from the first newspaper notice
- Do this first
- Confirm the date with the sheriff's office and call Iowa Legal Aid or a lawyer today
What this notice is in Iowa
The judgment orders the home sold to pay what the court found due (Iowa Code § 654.5). The sheriff must give 4 weeks' notice of the time and place of the sale (Iowa Code § 626.74), post it in at least three public places in the county including the courthouse, and publish it twice in a county newspaper, the first at least 4 weeks before the sale (Iowa Code § 626.75).
If you live in the home, the sheriff must also serve you with written notice at least 20 days before the sale, stating that the execution is levied on the land and the time and place of sale (Iowa Code § 626.78). If the sheriff swears you are avoiding service or cannot be served after repeated tries, the notice can be taped to your main entrance in a sealed envelope and mailed to you.
What it does and does not mean
- The sale is a public auction between 9:00 a.m. and 4:00 p.m., starting at the hour in the notice. The sheriff also accepts sealed written bids before the auction (Iowa Code § 626.80).
- On the without-redemption track, the buyer gets an immediate deed and immediate possession, and you cannot redeem afterward (Iowa Code §§ 654.23, 654.24). Plan to be out by the sale date.
- On that track, if you bid an amount equal to the judgment, the home is sold to you even if others bid more (Iowa Code § 654.23).
- On the with-redemption track, the buyer gets a certificate of sale, not a deed. You can stay in the home and redeem within 1 year, or 3 months if your mortgage shortened the period and the lender waived a deficiency (Iowa Code §§ 626.95, 628.3, 628.26).
- If the home sells for more than the debt and costs and no other lienholder claims it, the extra must be paid to you (Iowa Code §§ 654.7, 626.82).
The deadlines and how to count them
- Count 20 calendar days from the day you were served to the sale date. If the sale is fewer than 20 days after you were served, tell a lawyer right away.
- Before the sale, you can stop it by paying the lender the full amount of the judgment, and the judgment is then marked satisfied (Iowa Code § 654.21).
- The sheriff can postpone the sale with no new notice, announcing it at the time of the sale. No more than two postponements, totaling no more than 60 days, unless the parties agree in writing (Iowa Code § 626.81).
- If the Mortgage Mediation Notice was never served on you, an application for a delay of up to 60 days must be granted before the sale date (Iowa Code § 654.4B(2)).
- A complete loss mitigation application received more than 37 days before the sale must be evaluated within 30 days under federal rules.
See an Iowa sale date is set for a day-by-day plan.
What to do this week
- Call the county sheriff's office with your case number to confirm the date, time and place.
- Call Iowa Legal Aid at 1-800-532-1503 or a licensed attorney the same day. Ask about paying the judgment, a postponement, the 60-day mediation notice delay and bankruptcy.
- Ask the lender's attorney in writing for the payoff amount of the judgment and whether the lender will postpone while your servicer reviews a complete application.
- If your case is on the without-redemption track, start planning your move now. Iowa Legal Aid says many foreclosure orders already contain the order to remove you.
- If you want to bid, ask the sheriff how bids must be paid. Winning written bids must be paid in certified funds as the notice directs (Iowa Code § 626.80).
After the sale and scam warnings
- Ask the sheriff and the clerk of court whether there was overplus. The Iowa surplus funds page explains how to claim it.
- Until the sheriff's deed is recorded, the lender can rescind its own foreclosure if a late workout is approved (Iowa Code § 654.17). You cannot force this, but you can ask.
- Be wary of anyone who offers to stop the sale for a fee or to buy your home and rent it back. Iowa law lets you cancel such deals within 3 business days (Iowa Code §§ 714E.3, 714F.4).
- Read after a foreclosure sale in Iowa for redemption, deficiency and moving out.
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
How much notice of a sheriff's sale do I get in Iowa?
The sale must be posted and published at least 4 weeks ahead (Iowa Code §§ 626.74, 626.75), and if you live in the home the sheriff must serve you at least 20 days before the sale (Iowa Code § 626.78).
Can I stop an Iowa sheriff's sale at the last minute?
Paying the lender the full judgment before the sale stops it (Iowa Code § 654.21). A postponement depends on the lender asking or the parties agreeing (Iowa Code § 626.81). Bankruptcy can also stop it, but get legal advice well before the sale date.
Do I have to move out the day of an Iowa sheriff's sale?
On the without-redemption track the buyer is entitled to immediate possession (Iowa Code § 654.24), so plan to be out. On the with-redemption track you can stay during the redemption period (Iowa Code § 628.3). Your petition and decree tell you which track you are on.
My Iowa sheriff's sale was postponed. Will I get a new notice?
Not necessarily. The sheriff can postpone without new notice by announcing it at the time the sale was supposed to happen, up to two times and 60 days in total unless the parties agree in writing (Iowa Code § 626.81). Call the sheriff's office to learn the new date.
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 Intent to File Written Application for DefaultIf you did not answer the foreclosure petition within 20 days, the lender must mail you a notice of intent to file written application for default before the clerk can enter your default. It gives you at least 10 days, counted from the date it was mailed. Treat it as your last warning to file an answer and, in most cases, a demand for delay of sale.
- 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.
Sources
- Iowa Code § 626.74 (notice of sale)
- Iowa Code § 626.75 (posting and publication)
- Iowa Code § 626.78 (notice to defendant)
- Iowa Code § 626.80 (time and manner of sale)
- Iowa Code § 626.81 (sale postponed)
- Iowa Code § 626.95 (deed or certificate)
- Iowa Code § 654.23 (no redemption rights after sale)
- Iowa Code § 654.24 (deed and possession)
- Iowa Code § 628.3 (redemption by debtor)
- Iowa Code § 628.26 (agreement to reduce period of redemption)
- Iowa Code § 654.17 (rescission of foreclosure)
- Iowa Code § 654.7 (overplus)
- Iowa Code § 626.82 (overplus paid to clerk when liens claim it)
- Iowa Legal Aid: Mortgage Foreclosures and Land Contract Forfeitures