Text: HF02239 Text: HF02241 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 628.4, Code 1995, is amended to read as 1 2 follows: 1 3 628.4 REDEMPTION PROHIBITED. 1 4 A party who has stayed execution on the judgment is not 1 5 entitled to redeem or to demand a delay of sale pursuant to 1 6 section 654.21. 1 7 Sec. 2. Section 680.1, Code 1995, is amended to read as 1 8 follows: 1 9 680.1 APPOINTMENT. 1 10 On the petition of either party to a civil action or 1 11 proceeding,whereinwhere the petition of the party shows that 1 12 the party has a probable right to, or interest in, any 1 13 property which is the subject of the controversy, and that 1 14 such property, or its rents or profits, are in danger of being 1 15 lost or materially injured or impaired, or shows that a demand 1 16 for a delay of sale pursuant to section 654.21 has been filed, 1 17 and on such notice to the adverse party as the court shall 1 18 prescribe, the court, if satisfied that the interests of one 1 19 or both parties will betherebypromoted by the appointment of 1 20 a receiver, and the substantial rights of neither unduly 1 21 infringed, or that a demand for delay of sale pursuant to 1 22 section 654.21 has been filed, may appoint a receiver to take 1 23 charge of and control such property under its direction during 1 24 the pendency of the action, and may order and coerce the 1 25 delivery ofitthe property to the receiver. 1 26 Sec. 3. APPLICABILITY. This Act applies to a demand for 1 27 delay of sale which is filed on or after July 1, 1996. 1 28 EXPLANATION 1 29 This bill amends section 628.4 to provide that a party who 1 30 stays execution on a judgment related to mortgaged property is 1 31 not entitled to demand a delay of sale pursuant to section 1 32 654.21. Currently, such a party is only prohibited from 1 33 redeeming the property. 1 34 Section 680.1 is amended to provided that a party who shows 1 35 a probable right to, or interest in, any mortgaged property 2 1 which is the subject of controversy in a civil action or 2 2 proceeding, and who shows that a demand for a delay of sale 2 3 has been filed, may petition the court to appoint a receiver 2 4 to take charge of and control the mortgaged property. 2 5 LSB 4115HH 76 2 6 mj/cf/24
Text: HF02239 Text: HF02241 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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