Tag Archives: Assignment

House Judiciary Kills White Knight Bill for 2011

SF 494 died for the session in committee yesterday. SF 494 is one of the Iowa State Bar Association Real Estate Section’s legislative priorities. The “white knight” bill would allow for an assignment of the mortgage at the sheriff’s sale in a foreclosure.

This was the bar’s attempt to “think outside the box” on ways to keep Iowans in their homes amidst the foreclosure crisis. This basically would allow a private work-out on the loan while taking out the foreclosing third party lender. (Let’s face it, the white knight in these situations would be grandma or some other well-to-do relative.)

The bill will be alive for the 2012 session. Legislators apparently fretted over potential for bad actors to sneak in and do more injury to borrowers. The Real Estate Section felt that these concerns had all been adequately addressed. In the mean time, this new approach remains unavailable for another year.

Optional Assignment in Mortgage Foreclosure bill

The Iowa Senate amended and passed the Iowa State Bar Association Real Estate Section’s Optional Assignment in Mortgage Foreclosure bill (SF 494) late this afternoon on a 50-0 vote. Attorney Walter Conlon was the primary drafter of the bill.

The bill allows a “white knight” bidder to become the new lender. The lending company would get the cash paid by the white knight at the sheriff’s sale in respect of its winning bid. In most cases (where deficiency is waived, which occurs in 99% of residential foreclosures) the old lender would be out of the picture, presumably to the great relief of the homeowners.