29A.103 - MORTGAGE FORECLOSURES.
29A.103 MORTGAGE FORECLOSURES.
1. The creditor of a service member who, prior to entry into
military service, has entered into a mortgage contract with the
service member for the purchase of real or personal property shall
not foreclose on the mortgage or repossess the property for
nonpayment or for any breach occurring during military service
without an order from a court of competent jurisdiction.
2. The court, upon application to it under this section, shall,
unless the court finds on the record that the ability of the service
member to comply with the terms of the mortgage is not materially
affected by reason of military service, do one or more of the
following:
a. Order repayment of any prior installments or deposits as a
condition of terminating the contract and resuming possession of the
property.
b. Order a stay of the proceedings on its own motion, or on
motion by the service member or another person on behalf of the
service member.
c. Make any other disposition of the case as it considers to
be equitable to conserve the interests of all parties.
3. In order to come within the provisions of this section, the
service member must establish all of the following:
a. That relief is sought on an obligation secured by a
mortgage, trust deed, or other security in the nature of a mortgage
on either real or personal property.
b. That the obligation originated prior to the service
member's entry into military service.
c. That the property was owned by the service member prior to
the commencement of military service.
d. That the property is owned by the service member at the
time relief is sought.
4. A person who knowingly forecloses on property that is the
subject of this section, other than as provided in subsection 1,
commits a serious misdemeanor. Section History: Recent Form
2002 Acts, ch 1117, §37, 40; 2009 Acts, ch 166, §2
Referred to in § 29A.100, 29A.101, 29A.105, 654.17C