Right to cure within 30 days of a notice of right to cure
Iowa Code § 654.2D(2)–(4)
In plain words
Before an Iowa lender can foreclose on a homestead (non-farm), it must give you a notice of right to cure. You then have 30 days from the notice to cure the default by paying what is past due. Before filing on a 1–2 family home you live in, the lender must also tell you about counseling and mediation help.
Who is protected
Iowa borrowers on a mortgage or deed of trust on their homestead.
When it applies
- Only in Iowa.
- Only while you are behind but have no foreclosure notice yet or after a notice of default.
- Only if the home is your primary residence.
What you can do
Put the deadline on your calendar
Mark the notice date and pay the past-due amount within 30 days if you can.
Deadline: 30 days from the notice of right to cure
Open the toolAsk in writing
Ask the lender in writing to confirm the exact cure amount.
Open the toolRead the Iowa guide
Our Iowa page explains the whole process step by step, with its sources and free local help.
Open the tool
Honest limits
- The right can be lost if you received a right-to-cure notice for an earlier default within the prior year.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawNotice and right to cure (nonagricultural)
Iowa Code § 654.2D(2)–(4)
Exact part: (2)–(4)
What it says: The borrower has 30 days from the notice to cure the default.
Read the official texthttps://www.legis.iowa.gov/docs/code/654.2D.pdf - State lawNotice of counseling and mediation
Iowa Code § 654.4B(2)
Exact part: (2)
What it says: Before filing on an owner-occupied 1–2 family home, the creditor must tell the owner about counseling and mediation.
Read the official texthttps://www.legis.iowa.gov/docs/code/654.4B.pdf
Court cases
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Right to redeem after a sheriff’s sale — up to one year in many cases
Iowa Code § 628.3
After an Iowa foreclosure sale, the debtor can generally redeem the property within one year from the sale and keep possession meanwhile; the first six months are the debtor’s exclusive right. The period can be shorter (6 or 3 months, or 60 days) in some cases, or the lender may foreclose without redemption, which changes your rights before the sale.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this rightNo lies or misleading claims by debt collectors
15 U.S.C. § 1692e
A debt collector may not lie or mislead you. It cannot misstate how much you owe, pretend to be a lawyer or government official, or threaten something it cannot legally do or does not intend to do. It also cannot report credit information it knows is false, or fail to say a debt is disputed.
Read this right