Articles Posted in Agricultural Law

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Plaintiffs filed suit against their sons, their former attorney, a limited liability company (SMP), and others, challenging the validity of their mortgages delivered to SMP. Without first seeking mediation, SMP counterclaimed to foreclose on a mortgage granted by Plaintiffs on their agricultural property. The district court foreclosed the mortgage and denied Plaintiffs' motion to quash or stay the sheriff's sale. The court of appeals reversed, concluding that the district court lacked subject matter jurisdiction to foreclose on the agricultural property because SMP had not first obtained a mediation release as required by Iowa Code 654A.6(1). The Supreme Court reversed, holding that SMP was not required to obtain the mediation release prior to filing a counterclaim to foreclose its mortgage.View "Schaefer v. Putnam" on Justia Law