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Iowa Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Iowa on
Q: Real estate was listed for sale, size was noted in the listing. Once a purchase agreement was signed the lot is smaller

Real estate with an address was listed for sale, the lot size specified in the listing. Once the purchase agreement was signed by both parties we are learning the lot is actually smaller. It is currently attached to an existing parcel, and we are waiting for the parcel to be split off as its own.... View More

Anthony M. Avery
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answered on Dec 18, 2024

If you think the contract is different than the advertisement, then do not purchase. More importantly the proposed deed needs to describe the property you want. If it does not, do not buy. Hire an attorney to advise you. Do not execute a contract, much less a conveyance, until you search the... View More

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Iowa on
Q: Landlord is harassing me what can I do

I'm 71 years old and live in a 55 plus community. I don't bother my neighbors, keep my home immaculate, and pay rent on time.

0 Answers | Asked in Real Estate Law for Iowa on
Q: I am wanting to get out of my apartments lease and I just realized they are charging me utilities even though my lease

Says they are included. Can I use them charging me utilities as a reason to get rid of the lease

3 Answers | Asked in Bankruptcy and Real Estate Law for Iowa on
Q: My husband and I filed bankruptcy (Ch 7) in 2018. Prior to this filing, there were two judgments filed with the court.

The debts that were connected to the judgments were taken care of in the bankruptcy, and we heard nothing else about them, so we made the assumption that they were resolved. We are in the process of refinancing our home (it is currently on contract, and we are working with our bank to refinance it... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 23, 2024

There are some limited ways to attack/remove liens in bankruptcy, but your post indicates that you did not do that (it is possible to reopen a bankruptcy to afford relief to a debtor).

Otherwise, a bankruptcy discharge does not remove a perfected lien, and in most jurisdictions. a judgment...
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1 Answer | Asked in Real Estate Law, Tax Law and Municipal Law for Iowa on
Q: So my city council has an ordinance stating everyone has to have garbage service. My question is in several parts.

Is it legal for them to put my bill on my property taxes but continue to bill me for it without starting over? And if it is then is it legal for them to keep adding it to my taxes. Like lets say the first bill is 3 months late and its 300 dollars.they add that to my property taxes. Then three... View More

James L. Arrasmith
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answered on Mar 8, 2024

Municipalities often have the authority to enforce ordinances requiring residents to maintain garbage service, and they can implement various measures to ensure compliance, including billing methods. The practice of adding unpaid garbage service bills to property taxes is a common approach used by... View More

1 Answer | Asked in Banking and Real Estate Law for Iowa on
Q: If I am on the deed/title to a home but not the mortgage, can I be forced to sell or move out my the mortgage holder?

My girlfriend and I have lived in a home together for 7 years in Iowa. We recently split up and I am living in the home. I am on home title/deed, but I am not on the mortgage. My ex is the sole mortgage holder. I am paying her the monthly mortgage. We have a written agreement that is notarized that... View More

Anthony M. Avery
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answered on Oct 6, 2023

Girlfriend is not the mortgage holder. That is the lender and whoever signed the note is personally liable to them. Whoever signed the mortgage is the mortgagee. The mortgage probably has a due on sales clause which might be violated by executing your agreement. Then foreclosure might occur.... View More

1 Answer | Asked in Real Estate Law and Banking for Iowa on
Q: My bank removed our home owners insurance from our eacrow without informing us while doing year calcuations.

They also informed us when we asked about a larger sum back than usual that it was just over estimated taxes during the previous calculation.

They now want us to pay monthly on insurance and pay more into the escrow on a new signed agreement.

Is this legal since our previous... View More

John Michael Frick
John Michael Frick
answered on Jun 8, 2023

If you signed the "new signed agreement," you are most likely bound by its terms, even if they are different from the previous agreement you had with your bank.

If you did not sign the new agreement, your bank is most likely bound by the terms of the previous agreement you had...
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1 Answer | Asked in Real Estate Law for Iowa on
Q: What are my options for keeping or selling my property?

I'm a Singapore citizen who owns a boarding house in Jefferson County, IA. The property was being managed by a local friend while I left the country for an overseas job. Last year, my friend had to move to Chicago and chose one tenant to take care of the property, which was the start of a lot... View More

Anthony M. Avery
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answered on Jun 1, 2023

Hire someone local to the property such as an attorney to act as the property manager/landlord. Have him file suit for eviction of the occupants. It can be difficult, may require your appearance in Court, or will involve the Sheriff removing them. Then have the manager sell the property or rent... View More

1 Answer | Asked in Contracts and Real Estate Law for Iowa on
Q: Daughter's ex's name is on property & loan, but daughter has been paying 100% on it for over 5 years.

Hello, My daughter has a house that she bought with an ex-boyfriend (never married). When they split up, they signed a contract saying she had 100% posession to the house for 5 years (until Mar 2023 - when the grant for 1st time home buyer ends). After that, she has 1st chance on refinancing/buying... View More

Erik Luthens
Erik Luthens
answered on Jan 10, 2023

Your daughter needs to retain a real estate attorney as soon as possible.

1 Answer | Asked in Real Estate Law for Iowa on
Q: Does a loan modification require the signature of all borrowers listed on the mortgage?

It’s a VA loan and I’m the qualifying veteran. The loan requires the property to be my primary residence but she refuses to refinance and take me off the loan. Also I signed a quit claim during the divorce

Anthony M. Avery
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answered on Aug 31, 2022

All notemakers will have to agree to the modification. However what did the Divorce order? If it required a conveyance and a refinance, then file an action to hold her in contempt. If the VA discovers any breach of the security instrument it might get the lender to foreclose, so be careful.

1 Answer | Asked in Real Estate Law for Iowa on
Q: If two individuals own a property, both names are on the deed, do you need permission from both owners to say, hunt?

The property is in Iowa and it is owned by two family members. We just need clarification if permission is needed from both owners before anyone can hunt, fish, or ride four wheelers on the property. Thank you.

Anthony M. Avery
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answered on Dec 3, 2021

Either Tenant In Common can prohibit you from hunting on the property. So it would be much better to get written permission from all owners. One owner might not know about the other giving permission and put you in jail. You want to keep both owners happy. Game Wardens will also want permission... View More

1 Answer | Asked in Real Estate Law for Iowa on
Q: If my name is on the deed to a property with my x boyfriend can I ask for half of the equity to sign off?

my name is not on the mortgage and I have not lived there in the last 5 years.

Anthony M. Avery
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answered on Mar 29, 2021

You certainly can demand consideration for your conveyance. But you have not stated the exact estate you have. If the agreed monies are not provided to you, do not sign. The other owner could file a Partition Action against you to sell the property.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Iowa on
Q: Do I have to sell my home if co-owner wants to sell.

I was awarded the property in my devorce. Former friend Co signed for a loan for $63,550 5 years ago. To pay off the existing $35,000 and repairs to the home .

he want to sell it with him getting. 1/2 after I refused marrage to him.

Its all I have . Iam on disability.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 28, 2021

Yes. In this situation either owner can force the other owner to sell the property. It is called an action for partition.

1 Answer | Asked in Real Estate Law for Iowa on
Q: If I sign a quick claim deed. Can they sell the property if there is still a mortgage on it?
Anthony M. Avery
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answered on Jun 10, 2020

Not sure of your question. But it sounds like you are trying to convey your interest by Quit Claim Deed to the grantee subject to the mortgage. Unless the grantee assumes the mortgage, he is not personally obligated on the note debt, but the property is the collateral subject to foreclosure. And... View More

1 Answer | Asked in Contracts and Real Estate Law for Iowa on
Q: If my apartment company is changing ownership mid-lease, is this grounds to terminate the lease by my choice?

We recently had to move cities due to a new job but are still paying on our apartment in the old location because our lease is not up yet. Our apartment company notified us that they are changing ownership and that all rent needs to be paid to the new owners starting immediately. Because our lease... View More

Erik Luthens
Erik Luthens
answered on Jan 24, 2020

No.

2 Answers | Asked in Real Estate Law for Iowa on
Q: I am buying a home for cash in Illinois. At closing must funds be wired or may payment be by cashier's check?
Vincent Gallo
Vincent Gallo
answered on Nov 26, 2019

The easiest way to find out is to ask.

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1 Answer | Asked in Bankruptcy, Landlord - Tenant and Real Estate Law for Iowa on
Q: My Landlord filed bankruptcy in Iowa . The sheriff is holding an auction. I would like to know how much time I have?

I was purchasing the home from my landlord on contract I’m fine with losing that money it’s not worth it especially since he’s filing bankruptcy. The auction is coming up soon. I would like to know how much time I have (if any) after the auction?

Timothy Denison
Timothy Denison
answered on Oct 16, 2019

Probably 30 days after sale, give it take.

1 Answer | Asked in Real Estate Law and Tax Law for Iowa on
Q: I live in Iowa and have court established homestead rights, can the county I live in sell my property due to back taxes?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Jul 8, 2019

Under 561.1 of the Iowa Code past due taxes to the State of Iowa and Iowa counties or municipalities are specifically exempt from the homestead laws.

The county can and will auction your property to satisfy past due to back taxes.

I would suggest contacting the tax authority to...
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1 Answer | Asked in Consumer Law, Real Estate Law and Collections for Iowa on
Q: I own a timeshare in Mass and paid my maintenance fee late. They are refusing my payment (check).

I did not find any emails from them until I looked at my spam so it looked like I was avoiding them. I informed them by email that I was waiting for my tax return because I saw that there was a one-time Maintenance increase for an owner agreed on repairs. I have asked them to work with me but... View More

Michael Hales
Michael Hales
answered on Jun 5, 2019

If they never sent you paper bills, you may have an argument that they did not give you notice. If that does not work, you may have an attorney negotiate with the collection agency. Most timeshare companies use the same collection companies. I've found that they'll typically negotiate on... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Iowa on
Q: I paid my rent in full on May 1 that was posted online. The 7th there was a note posted on my door stating I owed more.

My question is can my landlord add to my rent after the fact and only give me 3 days to pay more rent?

Erik Steven Fisk
Erik Steven Fisk
answered on May 9, 2018

If you're in St. Paul, you'll need to ask in Minnesota - because that would be governed by MN law, not IA law.

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