Legal Question in Real Estate Law in Iowa

Twenty years ago, I purchased a small house on contract from a private seller. About 10 years later, I fell on hard times and could not make my house payment. One night when I returned from work, my house was locked and I could see through the windows that all my belongings were gone. I was never able to get back into my house and I had no money to hire an attorney. Now all these years later, I received a letter from an attorney who wants me to sign a Quit Claim Deed for $150 so his client can buy the house. When I read through the information it states, "(my name) was not served with the notice according to the return of service filed with the Affidavit of Compliance. The nonjudicial foreclosure is defective." I would like to know if I should simply sign the lawyer's document for $150 and forget about this or all these years later do I have any other options? Apparently, this house has been sold three or four times in the past twenty years because several buyers are listed on this document, but it appears this is the first time anyone has noticed that I was not notified of foreclosure proceedings 20 years ago. I had basically forgotten about this as "water under the dam," but now I'm not so sure.


Asked on 6/18/13, 4:11 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

It seems that you lost your home because of the terms of the contract, and the time to file a claim is long since past.. On the other hand you occupy a position of some importance because you are what we call a cloud on title. I'd get with an attorney and see whether you can negotiate a better deal.

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Answered on 6/21/13, 5:53 am


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