- Who sends it
- The buyer at the sheriff's sale or its lawyer, by hand delivery, personal service, or posting on your door plus regular and certified mail
- What it starts
- 3 days before the buyer can file a forcible entry and detainer (eviction) case
- Do this first
- Note how and when it was served and call Iowa Legal Aid at 1-800-532-1503 today
What this notice is in Iowa
Iowa's summary eviction case is called forcible entry and detainer. One ground for it is that you continue in possession after a sale by foreclosure of a mortgage (Iowa Code § 648.1(4)). Before filing on that ground, the buyer must give you 3 days' written notice to quit (Iowa Code § 648.3(1)).
When it applies depends on your track. On the without-redemption track, the buyer is entitled to immediate possession after the sale (Iowa Code § 654.24). On the with-redemption track, you are entitled to possession during the redemption period (Iowa Code § 628.3), so a notice to quit should not come until it ends and the sheriff's deed issues.
What it does and does not mean
- It is not a court order and does not let anyone lock you out or remove your things on their own. Iowa Legal Aid says that after the sale the only way to remove you is by court order.
- If your foreclosure decree already contains the order to remove you, the buyer may not need this notice or a new case. Read your decree or ask the clerk.
- It does not undo the sale. On the without-redemption track there is no right to redeem after the sale (Iowa Code § 654.23).
- If you rented the home from the former owner, the national page on tenant notices after foreclosure explains the rules that protect tenants.
The deadlines and how to count them
- The notice can be handed to an adult resident who signs and dates an acknowledgment, served personally, or posted on your main door and mailed by both regular and certified mail. A posted notice must show the date it was posted (Iowa Code § 648.3(2)).
- If it was mailed, service is complete 4 days after it was deposited in the mail and postmarked, whether or not you sign for it (Iowa Code § 648.3(3)). The 3 days run after that.
- Once the case is filed, the court must set a hearing no later than 8 days after filing, or up to 15 days if the buyer asks for or agrees to a later date (Iowa Code § 648.5(1)).
- You must be served with the original notice of the eviction case at least 3 days before the hearing (Iowa Code § 648.5(2)). Write the hearing date down the moment you get it.
See after a foreclosure sale in Iowa for what else happens after the sale.
What to do this week
- Write down the date the notice was posted, handed to you or mailed, and keep the envelope.
- Call Iowa Legal Aid at 1-800-532-1503, or 1-800-992-8161 if you are 60 or older. Say you have an eviction after foreclosure.
- Find your foreclosure decree and check which track your case was on and whether it already orders your removal.
- If you need more time to move, ask the buyer in writing. Some buyers offer money to leave by a set date. Get any deal in writing before you rely on it.
- Ask the sheriff and the clerk of court whether there was overplus from the sale that belongs to you. See the Iowa surplus funds page.
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 long do I have after an Iowa three-day notice to quit?
The buyer must wait 3 days after the notice before filing (Iowa Code § 648.3). If it was mailed, service counts as complete 4 days after mailing. After filing, the court sets a hearing within 8 days, or up to 15 days if the buyer agrees (Iowa Code § 648.5).
Can the buyer change the locks after an Iowa sheriff's sale?
Iowa Legal Aid says the only way to remove you after the sale is by court order, though many foreclosure decrees already include that order. If someone locks you out without one, call Iowa Legal Aid.
I am on the with-redemption track. Can I get a notice to quit right after the Iowa sale?
You are entitled to possession during the redemption period (Iowa Code § 628.3). If you get a notice to quit before that period ends, show it to Iowa Legal Aid or a lawyer right away.
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.
- 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.
Sources
- Iowa Code § 648.1 (forcible entry and detainer: grounds)
- Iowa Code § 648.3 (notice to quit)
- Iowa Code § 648.5 (service of original notice and hearing)
- Iowa Code § 654.24 (deed and possession)
- Iowa Code § 628.3 (redemption by debtor; possession)
- Iowa Legal Aid: Mortgage Foreclosures and Land Contract Forfeitures
- Iowa Legal Aid: Foreclosure and Forfeiture Questions and Answers