Right to redeem after a sheriff’s sale — up to one year in many cases
Iowa Code § 628.3
In plain words
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.
Who is protected
Iowa debtors whose property was sold under a foreclosure judgment with redemption.
When it applies
- Only in Iowa.
- Only after the foreclosure sale.
What you can do
Put the deadline on your calendar
Read the foreclosure judgment to see which redemption period applies.
Deadline: One year after the sale (check the judgment for a shorter period)
Open the toolCompare your options
Use the redemption period to refinance or sell.
Open the tool
Honest limits
- If the lender chose foreclosure without redemption, there is no redemption after the sale.
- 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 lawRedemption by debtor
Iowa Code § 628.3
What it says: The debtor may redeem within one year from the sale, with possession; the first six months are exclusive.
Read the official texthttps://www.legis.iowa.gov/docs/code/628.3.pdf
Court cases
- 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
- Homeowner lostSame topicMilton v. U.S. Bank National Ass'n
Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)
an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced
- Homeowner lostSame topicBFP v. Resolution Trust Corp.
BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)
the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code
Related rights
Right to cure within 30 days of a notice of right to cure
Iowa Code § 654.2D(2)–(4)
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.
Read this rightThe government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightRenters get at least 90 days' notice after a foreclosure
12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))
If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.
Read this right