Federal Land Bank of Omaha v. Lockard

446 N.W.2d 808, 1989 Iowa Sup. LEXIS 337, 1989 WL 123183
CourtSupreme Court of Iowa
DecidedOctober 18, 1989
Docket88-1332
StatusPublished
Cited by2 cases

This text of 446 N.W.2d 808 (Federal Land Bank of Omaha v. Lockard) 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
Federal Land Bank of Omaha v. Lockard, 446 N.W.2d 808, 1989 Iowa Sup. LEXIS 337, 1989 WL 123183 (iowa 1989).

Opinion

LARSON, Justice.

This case involves the collectibility of a deficiency judgment in favor of Federal Land Bank of Omaha (the land bank) following a sheriff’s sale of land previously owned by Richard and Christina Lockard. Lockards claim the land bank lost its right to collect the deficiency judgment by waiting more than two years after the entry of the judgment. See Iowa Code § 615.1 (1987). The land bank responds that it had not attempted to enforce the judgment because of Iowa Code section 654.6 (1987), which imposed a collection moratorium until July 1,1991, and suspended the two-year limitation of section 615.1. The district court ruled that, because section 654.6 prevented enforcement within the two-year period of section 615.1, the land bank’s deficiency judgment was still valid and therefore denied Lockards’ motion to discharge it. We affirm but on different grounds.

On appeal, three issues are raised: (1) does section 654.6 apply to this case; (2) is it constitutional; and (3) if it is applicable to this case, but unconstitutional, should the parties be granted equitable relief?

The facts are not disputed. The mortgage was foreclosed by a decree of January 6, 1986, and the land was sold at sheriff’s sale on March 4, 1986. The sale left a substantial deficiency judgment, and a receivership was established on March 10, 1986, with the income to be applied to the deficiency. The receivership was terminated by a court order of March 22, 1987.

In the meantime, the Iowa Legislature passed the section-654.6 moratorium and made it effective “to actions pending on June 1, 1986, and actions commenced on or *809 after June 1, 1986, but before July 1, 1991.” Iowa Code § 654.6(4). This raises the first issue, whether the present action was “pending” on June 1, 1986.

I. Lockards argue that, because the decree of foreclosure was entered on January 6, 1986, the ease could not be pending on June 1 of that year. The land bank counters that the decree retained jurisdiction “for the purpose of entering any necessary orders in the future which the court may deem necessary.” On March 6, 1986, the receiver was appointed. On March 24, 1986, and April 22, 1987, orders were entered approving the receiver’s interim and final reports, respectively. Because these proceedings in the receivership postdated June 1, 1986, and bore directly on the amount of the deficiency judgment remaining, we hold that the case was still “pending” when the moratorium act became effective as of June 1, 1986.

II. This case is quite unusual in that both sides argue that section 654.6 is unconstitutional. Lockards claim it violates the equal protection provisions of the fourteenth amendment to the United States Constitution and article I, section 6 of the Iowa Constitution by imposing the moratorium only on specified lenders. The land bank agrees and argues in addition that the statute violates the impairment of the obligation of contract provisions of article I, section 10 of the United States Constitution.

Section 654.6 provides for execution on deficiency judgments but goes on further to provide:

However, a deficiency judgment or general execution premised upon the deficiency judgment issued against the mortgagor shall not be enforceable until July 1, 1991 if all of the following apply:
1. The mortgaged property is agricultural land.
2. The mortgagor was actively engaged in farming the agricultural land upon the commencement of the action which resulted in a deficiency judgment.
3. The action was for the foreclosure of a first mortgage on the agricultural land or for the enforcement of an obligation secured by a first mortgage on the agricultural land.
4. The first mortgage secures a loan obligation, where a condition for the making of the loan was that the borrower purchase or own stock in the entity making the loan or in an entity related to the lending entity. This requirement is satisfied if there was such a condition at the time the original loan was made.
5. The mortgagor does not exercise the exemptions provided under section 627.6 in relation to the deficiency judgment or a general execution premised upon the deficiency judgment.

(Emphasis added.) Section 654.6 further provides that “[t]he running of time periods affecting the enforceability of the deficiency judgment or general execution is suspended until July 1,1991.”

The land bank and Lockards agree that, because it is limited to lenders who require the purchase of stock as a condition of the loan, the moratorium statute applies only to Farm Credit System lenders, specifically the Federal Land Bank and the Production Credit Association. See 12 U.S.C. § 2034 (1983) (purchase of stock required for Federal Land Bank loan); 12 U.S.C. § 2094 (1983) (purchase of stock required for PCA loan).

In resolving the equal protection argument, we begin with the assumption that the distinction drawn in the statute does not involve a fundamental right or an inherently suspect classification and will therefore withstand an equal protection challenge if there is any rational basis to support it. See Federal Land Bank v. Arnold, 426 N.W.2d 153, 156 (Iowa 1988) (citing Metropolitan Life Ins. Co. v. Ward, 470 U.S. 869, 881, 105 S.Ct. 1676, 1683, 84 L.Ed.2d 751, 761 (1985); New Orleans v. Dukes, 427 U.S. 297, 303, 96 S.Ct. 2513, 2516-17, 49 L.Ed.2d 511, 517 (1976)).

In Arnold, a similar question was raised: whether lenders who were not “member” lending institutions, i.e., those who were not members of the FDIC or FSLIC, were *810 denied equal protection by a statute which applied a different period for redemption for nonmember lenders. We found that there was no rational basis for the distinction and held the statute to be unconstitutional. Arnold, 426 N.W.2d at 157.

We use a two-step analysis in applying the rational-basis test: Is the goal legitimate, and if so, are the means to that end acceptable? Even if the goal of a statute is desirable, the guarantee of equal protection is violated if wholly arbitrary classifications or invidious discriminations are involved. Id. at 156 (citing Chicago Title Ins. Co. v. Huff, 256 N.W.2d 17, 28 (Iowa 1977)).

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Related

Federal Land Bank of Omaha v. Recker
460 N.W.2d 480 (Court of Appeals of Iowa, 1990)
Knepper v. Monticello State Bank
450 N.W.2d 833 (Supreme Court of Iowa, 1990)

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Bluebook (online)
446 N.W.2d 808, 1989 Iowa Sup. LEXIS 337, 1989 WL 123183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-land-bank-of-omaha-v-lockard-iowa-1989.