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Iowa SF 364
Monday, 27 April 2009

On April 9th, Governor Chet Culver signed SF 364 titled, "an Act relating to civil actions including certain limitations on actions, judgments, and executions and including actions relating to the foreclosure of real estate mortgages, and providing effective date and applicability provisions".

Additional information is provided in the following article from the Quad-City Times.

Iowa Senate votes to help people facing foreclosure

DES MOINES — The Iowa Senate voted Tuesday to provide more leeway for a growing number of Iowans facing foreclosure because they are behind in making their mortgage payments.

Senate File 364, which passed on a 50-0 vote, is designed to improve the opportunity for mortgage holders to work with their lenders to stave off civil default judgments.

“This is a major issue facing Iowans,” said Sen. Rob Hogg, D-Cedar Rapids. “This bill will help us address the foreclosure crisis and provide additional protections for the homeowner whose property is being foreclosed.”

The number of Iowa properties subject to civil mortgage foreclosure action has nearly doubled from 5,507 in 2002 to nearly 11,000 last year, according to the preliminary estimates.

The bill requires mediation notices “prior to commencing an action” on a residence — a provision that is effective through July 1, 2011. The legislation allows for a 60-day delay in foreclosure sales, and it also provides that lenders may rescind foreclosure action to negotiate a voluntary workout.

Hogg said the proposed change should help reduce unnecessary cost to parties involved in foreclosure proceedings. The bill also should help communities by reducing bureaucratic red tape that stops foreclosed property from being resold or returned to productive use, he said.

In separate action, the Senate voted 50-0 to establish licensing requirements for mortgage loan originators to ensure the lending industry is operating without unfair, deceptive or fraudulent practices.

“Senate File 355 toughens state laws governing mortgage bankers and brokers to fight shady operators who helped cause the national mortgage mess,” said Sen. Swati Dandekar, D-Marion, the bill’s floor manager.

To view the online article, please click here.

To view the Bill in its entirety, please click here. 

About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, Ohio and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees and a handful of contractors performing services in the Midwest, to a national company with over 700 employees. Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.