Iowa Secured Promissory Note Overview
A secured promissory note in Iowa is a loan agreement where the borrower pledges specific collateral to guarantee repayment. Iowa law governs the creation, perfection, and enforcement of security interests under the Uniform Commercial Code (UCC) as adopted by the state. The maximum interest rate for most loans in Iowa is 5% (default).
5% default rate; contract rate limited to maximum set by Iowa Superintendent of Banking (currently ~12%); no cap on first mortgages. Lenders should verify that the agreed-upon interest rate complies with Iowa's usury laws before finalizing the note. Charging interest above the legal limit can result in severe penalties, including forfeiture of interest and potential civil liability.
For secured notes involving real property in Iowa, judicial (most common) and non-judicial (voluntary) foreclosure applies. Understanding your state's foreclosure process is critical because it determines the timeline, costs, and lender's rights in the event of borrower default.
5% (default)
Usury rate cap
Secretary of State
UCC filing office
Judicial
Foreclosure type
Yes (judicial only)
Deficiency judgment
Iowa Legal Requirements
Iowa has specific requirements for secured promissory notes. Here's what you need to ensure your note is enforceable under IA law:
Important: Iowa Usury Laws
Iowa's maximum interest rate is 5% (default). 5% default rate; contract rate limited to maximum set by Iowa Superintendent of Banking (currently ~12%); no cap on first mortgages. Exceeding the legal limit may void the interest portion of your note or result in civil penalties.
Essential Elements
- Written Agreement: The note must be in writing, signed by the borrower, and clearly state the loan terms
- Compliant Interest Rate: Must not exceed Iowa's 5% (default) usury cap
- Collateral Description: Specific, identifiable description of all pledged property
- Security Agreement: Grant of security interest signed by the borrower (debtor)
- UCC-1 Filing: Filed with the Secretary of State, UCC Division for personal property collateral
- Default Provisions: Clear events of default, cure periods, and remedies including foreclosure/repossession rights
UCC Filing in Iowa
To perfect a security interest in personal property in Iowa, the lender must file a UCC-1 financing statement with the Secretary of State, UCC Division. This public filing puts other creditors on notice and establishes the lender's priority in the collateral.
Prepare the UCC-1 Form
Include the debtor's exact legal name, secured party name, and detailed collateral description
File with the Secretary of State
Submit online or by mail with the required filing fee
Monitor and Renew
UCC-1 filings last 5 years; file a continuation statement before expiration
Terminate After Payoff
File a UCC-3 termination statement when the loan is fully repaid
Iowa Foreclosure & Repossession
Iowa uses judicial (most common) and non-judicial (voluntary) foreclosure for real property collateral. For personal property (vehicles, equipment, inventory), the lender generally has the right to repossess the collateral without court action, provided it can be done without breaching the peace.
Regarding deficiency judgments in Iowa: Yes (judicial only). The lender must follow Iowa's specific procedures for disposing of collateral in a commercially reasonable manner, providing proper notice to the borrower before any sale.
| Aspect | Iowa Rule |
|---|---|
| Foreclosure Type | Judicial (most common) and non-judicial (voluntary) |
| Deficiency Judgment | Yes (judicial only) |
| Statute of Limitations | 5 years (oral), 10 years (written contracts) |
| Usury Rate | 5% (default) |
| UCC Filing Office | Secretary of State, UCC Division |
Sample Iowa Secured Promissory Note
Below is a preview of our Iowa-specific secured promissory note. Your customized document will include all terms compliant with IA law.
STATE OF IOWA
SECURED PROMISSORY NOTE
Collateral-Backed Loan Agreement
LENDER (Secured Party):
Name: [Lender Name]
Address: [Iowa Address]
BORROWER (Debtor):
Name: [Borrower Name]
Address: [Iowa Address]
LOAN TERMS
Principal: $[Amount]
Interest: [Rate]% per annum (max 5% (default) in IA)
Collateral: [Description]
Iowa Secured Promissory Note FAQ
Answers to common questions about secured promissory notes, UCC filings, and collateral requirements in Iowa.
Official Iowa Resources
Use these official resources to verify Iowa requirements, file UCC documents, and access state legal information.
Other Iowa Promissory Note Types
Need a different type of promissory note for Iowa? We offer state-specific templates for every type.
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