Re: [ISBA RealEstate] Restitution Ordered in Criminal Case
Ryan Mohr <realestate@iabar.org>
Tuesday June 05, 2018 13:02

Rich Meyer was kind enough to answer my question, so I thought I would forward the answer:

"910.7A of the Code provides that a restitution order constitutes a judgment and lien against all property of the defendant.  910.8 says the victim also has civil remedies against the defendant. I think the bank’s title has a judgment lien in favor of the victim."    

I agree with Rich, based on that statute 910.7A(2),  the bank should have included the victim in the foreclosure action. 

Thanks, 
Ryan 


Ryan A. Mohr
Law Offices of
PHIL REDENBAUGH, P.C., RYAN A. MOHR  &  BRETT C. REDENBAUGH
Telephone:  712-732-1873

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On Tue, Jun 5, 2018 at 11:54 AM, Ryan Mohr <ryan@redenlaw.com> wrote:
Question about rights of listed victim in Criminal Judgment.  

I am surprised that I have not seen this situation ... 
  • John owns real property, Bank has lien and mortgage is filed (2013).
  • Later, John gets convicted of a crime and a judgment is entered. John is sentenced.
  • The criminal Judgment Entry (2015) requires payment of fine, surcharge etc., and also restitution to Victim "Vicki"... 
  • Later yet (2016), Bank begins foreclosure on John's real property, serving all ordinary parties; however, Vicki "the victim" is not served or named -- the State of Iowa, as listed plaintiff in the Judgment Entry was served and named as a defendant. 
  • Foreclosure is completed and Sheriff deed is delivered (2018).
  • Abstract lands on my desk for review :) 
  • I contacted Vicki and Restitution is not fully paid but being paid pursuant to Probation... 
Obviously, John has an obligation to pay Vicki (enforced by the State), but did the criminal sentence/judgment create an independent judgment lien right in Vicki wherein Vicki would need to be served and named in the foreclosure lawsuit? 

Thanks in advance for your thoughts. 

Ryan Mohr

Ryan A. Mohr
Law Offices of
PHIL REDENBAUGH, P.C., RYAN A. MOHR  &  BRETT C. REDENBAUGH
Telephone:  712-732-1873

Confidentiality Notice: The information included in this e-mail, including any attachments, is for the sole use of the intended recipient and may contain information that is confidential and protected. Any unauthorized review, use, distribution or similar action is prohibited.  If you are not the intended recipient, please contact the sender and delete all copies of the original message immediately.