SF 2065 (LSB 5437XS (4) 90)

SENATE FILE 2065

BY  DICKEY

A BILL FOR

An Act requiring county recorders to notify persons of the filing of certain instruments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.602, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  a.  Not later than January 1, 2025, implement and administer a system for notifying a person when any instrument is recorded if the person is a named party to the instrument. The system shall allow a person to choose to participate and the notice shall be provided within one business day by electronic mail, text message, or other similar means.
   b.  A person must enroll in the system to receive notifications. To enroll, a person shall submit to the recorder, by electronic delivery, paper document, or other appropriate means, a signed form containing information determined by the recorder. The information shall include data identifying the person, any real property for which the person wishes to receive notice of recordation, and the means and specific contact information to be used in notifying the person. Upon receipt of the completed form signed by the person, the recorder shall send an acknowledgment to the person by the means of notification specified in the form.
   c.  The recorder shall not be responsible for attempting any method of contact other than the means specified in the completed form signed by the person.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the county recorder to implement and administer a system for notifying a person when any instrument is recorded if the person is a named party to the instrument. A person may choose to participate in the system by submitting a form to the recorder. The form shall indicate the property for which the person wishes to receive notice and the means by which the notice should be sent by the recorder. The notice shall be provided within one business day by electronic mail, text message, or other similar means. The recorder shall not be responsible for attempting any other means of contacting the person other than through a method included in the form. The provisions of the bill must be implemented by January 1, 2025.