44 underneath the ICCC, debtors have actually 20 days to cure a standard before a creditor can institute appropriate procedures, including self-help repossession of collateral. Iowa Code §§ 537.5110, 537.5111. It might be ludicrous to claim that the failure to cure within that right time could produce an inference that the borrower never meant to repay the mortgage, and knew he could not ever, thus justifying a fee for theft by deception. The failure to produce a check-loan good after notice may be the practical exact carbon copy of the standard right to cure pertaining to other types of credit rating deals. ( The real difference is the fact that danger of unlawful prosecution may haunt the defaulting cash advance borrower’s head. )
45 See Sec. LB, above.
Interplay of Iowa Code § 714.1 and Chap.
The Iowa court have not managed post-dated checks in the context of § 714.1(6) because the Hogrefe choice. Nevertheless, this has had event to state its view it is poor to make use of a cost of theft by deception to show prosecutors into collection agents for agreement disputes. 46