House File 2415 - Introduced HOUSE FILE 2415 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 614) A BILL FOR An Act relating to filing requirements applicable to extensions 1 of real estate conveyances or transactions under specified 2 circumstances. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5275HV (2) 88 ja/rn
H.F. 2415 Section 1. Section 614.21, subsection 2, Code 2020, is 1 amended to read as follows: 2 2. The date of maturity, when different than as appears by 3 the record of the instrument, and the date of maturity of any 4 extension of the instrument or the debt or of said indebtedness 5 or part thereof, may be shown at any time prior to the 6 expiration of the periods of limitation specified in subsection 7 1 by the holder of the debt or the owner or assignee of the 8 instrument by filing an extension agreement, duly acknowledged 9 as the original instrument was required to be acknowledged, in 10 the office of the recorder where the instrument is recorded 11 an extension agreement or other documentation confirming an 12 agreement to extend the date of maturity of the instrument or 13 said debt or said indebtedness secured thereby. By authorizing 14 or becoming bound under an existing real estate mortgage, bond 15 for deed, trust deed, or contract for the sale or conveyance of 16 real estate, the grantor or mortgagor thereunder authorizes the 17 holder of said debt or the owner or assignee of said instrument 18 to make the filing under this subsection. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 Current law provides that when the date of maturity of a 23 real estate mortgage, bond for deed, or contract for the sale 24 or conveyance of real estate is different from the date of 25 maturity shown on the record of the instrument itself, and so 26 long as the limitations period contained in Code section 614.21 27 has yet to expire, the owner or assignee of the instrument may 28 show a modification of the maturity date, an extension of the 29 maturity date, or an extension of any associated indebtedness 30 by filing a duly acknowledged extension agreement in the office 31 of the recorder where the instrument was recorded. 32 This bill removes the requirement that an extension 33 agreement be duly acknowledged as the original instrument was 34 required to be acknowledged when a filing of the agreement in 35 -1- LSB 5275HV (2) 88 ja/rn 1/ 2
H.F. 2415 the county recorder’s office takes place. Instead, the bill 1 provides that the filing of an extension agreement or other 2 documentation confirming an agreement to extend the maturity 3 date of the instrument, debt, or indebtedness secured thereby 4 is sufficient. 5 In addition, the bill provides that a grantor or mortgagor, 6 by authorizing or becoming bound under an existing mortgage, 7 bond for deed, trust deed, or contract for the sale or 8 conveyance of real estate, authorizes the holder of the debt 9 or owner or assignee of the instrument to make the filings 10 specified in the bill. 11 -2- LSB 5275HV (2) 88 ja/rn 2/ 2