Koch v. Kostichek

McGIVERIN, Presiding Justice.

Plaintiffs Allen and Sandra Koch appeal from the district court’s dismissal of their petition for declaratory judgment seeking to enjoin defendant Marie Kostichek’s forfeiture of a real estate contract between defendant and Kochs. Kochs claim that they should be eligible for the protection of the mortgage moratorium statute, Iowa Code section 654.15(2) (Supp.1985), and that Kostichek waived her right to timely contract payments. We affirm.

I. Background facts and proceedings. Kochs purchased a 160-acre tract of farmland on contract from Kostichek in 1980. The…