656.1 Conditions prescribed. A contract which provides for the sale of real estate located in this state, and for the forfeiture of the vendee’s rights in such contract in case the vendee fails, in specified ways, to comply with said contract, shall, nevertheless, not be forfeited or canceled except as provided in this chapter. [C97, […]
656.2 Notice. 1. The forfeiture shall be initiated by the vendor by serving on the vendee a written notice which shall: a. Reasonably identify the contract by a document reference number and accurately describe the real estate covered. b. Specify the terms of the contract with which the vendee has not complied. c. State that […]
656.3 Service of notice. 1. The notice provided for in section 656.2 may be served personally or by publication, on the same conditions, and in the same manner as is provided for the service of original notices, except that when the notice is served by publication an affidavit shall not be required before publication. Service […]
656.4 Compliance with notice. If the vendee or a mortgagee of the real estate performs, within thirty days of completed service of notice, the breached terms specified in the notice and pays the vendor the reasonable cost of serving the notice, then the right to forfeit for the breach is terminated. The payment of attorney […]
656.5 Proof and record of service. If the terms and conditions as to which there is default are not performed within thirty days, the party serving the notice or causing the notice to be served, may file for record in the office of the county recorder a copy of the notice with proofs of service […]
656.6 Scope of chapter. This chapter shall be operative in all cases where the intention of the parties, as gathered from the contract and surrounding circumstances, is to sell or to agree to sell an interest in real estate, any contract or agreement of the parties to the contrary notwithstanding. [C97, §4301; C24, 27, 31, […]
656.7 Attorney fees. 1. The vendee is liable to the vendor for reasonable attorney fees actually incurred by the vendor necessary for the forfeiture of a contract governed by this chapter. The demand for attorney fees must be stated in the notice served. The maximum liability under this section is fifty dollars. “Attorney fees”, as […]
656.8 Mediation notice. Notwithstanding sections 656.1 through 656.5, a person shall not initiate proceedings under this chapter to forfeit a real estate contract for the purchase of agricultural property, as defined in section 654A.1, which is subject to an outstanding obligation on the contract of twenty thousand dollars or more unless the person received a […]
656.9 Defect in forfeiture proceedings — limitation of actions. An action shall not be commenced by a vendee who is not in possession of the property, or by a party to the forfeiture proceeding who is other than a vendee or vendor, that asserts a claim against real estate previously subject to a forfeiture proceeding, […]
