Legal Opinion · Dissent

Farmers Production Credit Ass'n v. McFarland

Supreme Court of Iowa

Decided September 18, 1985No. 84-1807Published

1DissentCarter, Justice

I dissent.

The majority opinion unnecessarily and without articulating a single policy ground supporting its result significantly retracts the protection previously afforded mortgagors under our redemption laws. It is particularly unfortunate that this occurs at a time when, because of prevailing economic conditions, mortgagors are particularly in need of such protection.

There are two issues presented by this appeal: (1) whether, when the mortgagor’s assignee redeems from the sale on foreclosure of a senior mortgage during the six-month period where such right of redemption is exclusive, a…

2Cases cited9 opinions

  1. Kramer v. RebmanSupreme Court of Iowa · 1859
  2. Cooper v. MaurerSupreme Court of Iowa · 1904
  3. Mayer v. Farmers' BankSupreme Court of Iowa · 1876
  4. Tirrill v. MillerSupreme Court of Iowa · 1928
  5. Stoddard v. ForbesSupreme Court of Iowa · 1862

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