Farmers Production Credit Ass'n v. McFarland

374 N.W.2d 654, 56 A.L.R. 4th 685, 1985 Iowa Sup. LEXIS 1131
CourtSupreme Court of Iowa
DecidedSeptember 18, 1985
Docket84-1807
StatusPublished
Cited by7 cases

This text of 374 N.W.2d 654 (Farmers Production Credit Ass'n v. McFarland) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farmers Production Credit Ass'n v. McFarland, 374 N.W.2d 654, 56 A.L.R. 4th 685, 1985 Iowa Sup. LEXIS 1131 (iowa 1985).

Opinions

SCHULTZ, Justice.

In this appeal a mortgagors’ assignee and a junior mortgage lienholder compete for final redemption rights in a senior mortgagee’s foreclosure action. Daniel and Linda McFarland (mortgagors) owned real estate that was subject to two mortgages. On June 9, 1983, the junior mortgage-holder, Production Credit Association (PCA), filed an action to foreclose its mortgage. Shortly thereafter, the senior mortgage-holder, American Federal Savings & Loan Association (AFS), filed a separate foreclosure action against the McFarlands naming PCA as a junior lienholder and party defendant. On November 11,1983, a decree of foreclosure was entered in the latter action in favor of AFS and it stated PCA had a valid second lien. The property was sold to AFS at a January 10, 1984, sheriff’s sale and the mortgagors were granted a six-month period of redemption. See Iowa Code § 628.26. On April 6, 1984, the mortgagors conveyed their redemption rights to Daniel’s mother, Dorothy McFarland. On that date Dorothy (assignee) tendered a check for redemption of the property. The junior mortgage-holder, PCA, on May 3, 1984, tendered its own cheek in an attempt to redeem the property. No issue is advanced concerning the validity of either tender; however, the assignee claims her redemption precluded further redemp-tions.

In its June 9, 1983, petition for foreclosure PCA alleged Daniel and Linda McFarland had entered into a collateral agreement and mortgage in the amount of $40,000 to secure other notes contracted between the parties. PCA prayed for judgment in rem against the mortgaged premises in the amount of $40,000 plus interest and other costs and requested the mortgage be foreclosed. In their answer the mortgagors requested the court to determine the amount they owed PCA. Following PCA’s attempt to redeem the property foreclosed in the AFS action, Dorothy McFarland intervened in PCA’s foreclosure action and claimed her redemption in the AFS foreclosure had extinguished PCA’s lien. At the same time, the mortgagors amended their answer and requested the court to enter a decree denying PCA’s petition for foreclosure or, in the alternative, hold their mortgage obligation was limited to $40,000 if foreclosure was ordered.

The PCA foreclosure action was submitted to the trial court for a ruling upon stipulated facts. We need not detail the stipulation because we have set out the facts necessary to determine issues on appeal. In addition, however, the mortgagors admitted in the stipulated facts they were in default on the PCA noté. As a result of Dorothy McFarland’s intervention and the amendments to the pleadings, the issues before the trial court in the PCA foreclosure action were the redemption rights of parties to the AFS foreclosure action and whether PCA’s lien remained effective against the assignee. On October 1, 1984, the trial court entered a three-pronged ruling: (1) PCA was entitled to recover the principal and interest on its note; (2) PCA could redeem the property from the mortgagors’ assignee; and (3) PCA was entitled to a sheriffs deed to the property.

On appeal the mortgagors and assignee maintain the trial court erred in ruling PCA was entitled to redeem. They claim a junior lienholder cannot redeem after an as-signee of the mortgagor has redeemed because a redeeming assignee takes the property unencumbered by liens on the property. Although we hold the junior lienholder cannot redeem in this ease, the reason for our decision is different from that asserted by the mortgagors and assignee. Since the assignee redeemed within the exclusive statutory period granted a debtor, we hold the junior lienholder has no right to redeem. However, we further hold that a redemption by the debtor or assignee dur[656]*656ing the exclusive period does not allow either party to take the property free and clear of liens on the property.

Several sections of Iowa Code chapter 628 are relevant. Under section 628.3 the debtor’s right to redeem is for a period of one year from the date of a sale “and for the first six months thereafter such right of redemption is exclusive.” Section 628.5 provides for redemption by creditors: “If no redemption is made by the debtor as above provided, thereafter, and at any time within nine months from the day of sale, said redemption may be made by a mortgagee .... ” The “as above provided” is an obvious reference to the debtor’s exclusive right to redeem pursuant to section 628.3. Section 628.26 permits an agreement to reduce the period of redemption, as in this case, so that the mortgagor’s period of redemption set forth in section 628.3 is reduced from twelve to six months, the exclusive right to redeem is the first three months, and the creditors’ period of redemption is after three months and within four months from the date of sale.

The plain language of section 628.3 gives the debtor the exclusive right to redeem during the appropriate six or three month period. “An exclusive right is one which only the grantee thereof can exercise, and from which all others are prohibited or shut out.” Black’s Law Dictionary 507 (rev. 5th ed. 1979). We interpret the use of the term “exclusive” to vest the right of redemption in the debtor only and to shut out all creditors. In the instant case the mortgagors have assigned their redemption rights to Dorothy McFarland. Such assignments are permitted under section 628.25 which provides “[t]he rights of a debtor in relation to redemption are transferable, and the assignee has the like power to redeem.” “Like” is defined as “[e]qual in quantity, quality, or degree or exactly corresponding.” Black’s Law Dictionary at 834. The plain words of the statute give the assignee the same quantity and quality of rights as the debtor, which would include the “exclusive” right to redeem within three months of the sheriff’s sale.

PCA claims, however, that under our holding in Tirrill v. Miller, 206 Iowa 426, 429, 218 N.W. 303, 304 (1928), a creditor is entitled to redeem from a mortgagor’s grantee who redeemed within the exclusive period. The author of a law review article was puzzled by the Tirrill holding and stated:

Apparently creditors cannot redeem from a mortgagor who redeems within the first six months. Id. § 628.5. This rule would seem logically to apply as well to redemption by the mortgagor’s assignee. But see Tirrill v. Miller, ... (intimating that redemption may be made from an assignee by creditors since the assignee takes title free from all claims against the debtor-assignor).

Blum, Iowa Statutory Redemption After Mortgage Foreclosure, 35 Iowa L.Rev. 72, 73 n. 17 (1949). In Tirrill neither the debt- or nor assignee raised the issue of the exclusive right to redeem. In any event, we now find unpersuasive any language in Tirrill indicating a junior lienholder has a right to redeem from a debtor or debtor’s assignee who has redeemed during the exclusive statutory period. Consequently, we reverse the portion of the district court’s order which granted the junior lienholder, PCA, the right to redeem the property from the assignee and allowed PCA to obtain a sheriff’s deed to the property.

Although redemption by the mortgagor or assignee during the exclusive period prevents redemption by a junior lienholder, it does not provide the redeemer complete relief from junior liens. We do not agree with the claim of the mortgagors and as-signee that the assignee is the owner of the property free and clear of liens.

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Farmers Production Credit Ass'n v. McFarland
374 N.W.2d 654 (Supreme Court of Iowa, 1985)

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Bluebook (online)
374 N.W.2d 654, 56 A.L.R. 4th 685, 1985 Iowa Sup. LEXIS 1131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmers-production-credit-assn-v-mcfarland-iowa-1985.