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PAG LIN 1 1 Section 1. Section 420.227, Code 1995, is amended to read 1 2 as follows: 1 3 420.227 NOTICE OF EXPIRATION OF REDEMPTION PERIOD. 1 4 After nine months from the date of such purchase at tax 1 5 sale by the city and as soon as permitted by law with respect 1 6 to any tax sale certificate held by such city, the city clerk 1 7 shall, on behalf of the city, cause notice to be served of the 1 8 expiration of the right of redemption from such sale on 1 9 persons of the same description and in like manner as in 1 10 general provided by law with respect to tax sales by such city 1 11 and, on expiration ofninety daysnine months from completed 1 12 service of such notice, tax deed shall be issued in like 1 13 manner and with like effect as provided by law with respect to 1 14 such other sales. 1 15 Sec. 2. Section 420.241, Code 1995, is amended to read as 1 16 follows: 1 17 420.241 DEED – WHEN EXECUTED. 1 18 Immediately after the expiration ofninety daysnine months 1 19 from the date of service of the notice, as prescribed by 1 20 sections 447.9 to 448.1, the treasurer, collector, or person 1 21 authorized to act as collector of taxes, shall make out a deed 1 22 for each lot or parcel of land sold and remaining unredeemed 1 23 and deliver the same to the purchaser upon the return of the 1 24 certificate of purchase. 1 25 Sec. 3. Section 445.39, Code 1995, is amended to read as 1 26 follows: 1 27 445.39 INTEREST ON DELINQUENT TAXES. 1 28 If the first installment of taxes is not paid by the 1 29 delinquent date specified in section 445.37, the installment 1 30 becomes due and draws interest of three-fourths of oneand1 31one-halfpercent per month until paid, from the delinquent 1 32 date following the levy. If the last half is not paid by the 1 33 delinquent date specified for it in section 445.37, the same 1 34 interest shall be charged from the date the last half became 1 35 delinquent. However, after April 1 in a fiscal year when late 2 1 delivery of the tax list referred to in chapter 443 results in 2 2 a delinquency date later than October 1 for the first 2 3 installment, interest on delinquent first installments shall 2 4 accrue as if delivery were made on the previous June 30. The 2 5 interest imposed under this section shall be computed to the 2 6 nearest whole dollar and the amount of interest shall not be 2 7 less than one dollar. In calculating interest each fraction 2 8 of a month shall be counted as an entire month. The interest 2 9 percentage on delinquent special assessments and rates or 2 10 charges is the same as that for the first installment of 2 11 delinquent ad valorem taxes. 2 12 Sec. 4. Section 447.9, unnumbered paragraph 1, Code 2 13 Supplement 1995, is amended to read as follows: 2 14 Afterone yearthree years andninethree months from the 2 15 date of sale, or after nine months from the date of a sale 2 16 made under section 446.18, 446.38 or 446.39, the holder of the 2 17 certificate of purchase may cause to be served upon the person 2 18 in possession of the parcel, and also upon the person in whose 2 19 name the parcel is taxed, in the manner provided for the 2 20 service of original notices in R.C.P. 56.1, if the person 2 21 resides in Iowa, or otherwise as provided in section 446.9, 2 22 subsection 1, a notice signed by the certificate holder or the 2 23 certificate holder's agent or attorney, stating the date of 2 24 sale, the description of the parcel sold, the name of the 2 25 purchaser, and that the right of redemption will expire and a 2 26 deed for the parcel be made unless redemption is made within 2 27ninety daysnine months from the completed service of the 2 28 notice. Theninety-daynine-month redemption period begins as 2 29 provided in section 447.12. When the notice is given by a 2 30 county as a holder of a certificate of purchase the notice 2 31 shall be signed by the county treasurer or the county 2 32 attorney, and when given by a city, it shall be signed by the 2 33 city officer designated by resolution of the council. When 2 34 the notice is given by the Iowa finance authority or a city or 2 35 county agency holding the parcel as part of an Iowa 3 1 homesteading project, it shall be signed on behalf of the 3 2 agency or authority by one of its officers, as authorized in 3 3 rules of the agency or authority. 3 4 Sec. 5. Section 447.12, Code 1995, is amended to read as 3 5 follows: 3 6 447.12 WHEN SERVICE DEEMED COMPLETE – PRESUMPTION. 3 7 Service is complete only after an affidavit has been filed 3 8 with the county treasurer, showing the making of the service, 3 9 the manner of service, the time when and place where made, 3 10 under whose direction the service was made, and costs incurred 3 11 as provided in section 447.13. Costs not filed with the 3 12 treasurer before a redemption is complete shall not be 3 13 collected by the treasurer. Costs shall not be filed with the 3 14 treasurer prior to the filing of the affidavit. The affidavit 3 15 shall be made by the holder of the certificate or by the 3 16 holder's agent or attorney, and in either of the latter cases 3 17 stating that the affiant is the agent or attorney of the 3 18 holder of the certificate. The affidavit shall be filed by 3 19 the treasurer and entered in the county system and is 3 20 presumptive evidence of the completed service of the notice. 3 21 The right of redemption shall not expire untilninety days3 22 nine months after service is complete. A redemption shall not 3 23 be considered valid unless received by the treasurer prior to 3 24 the close of business on theninetiethtwo hundred seventieth 3 25 day from the date of completed service except in the case of a 3 26 public bidder certificate held by the county in which case the 3 27 county may accept a redemption at any time prior to the 3 28 issuance of the tax deed. When the parcel is held by a city 3 29 or county, a city or county agency, or the Iowa finance 3 30 authority, for use in an Iowa homesteading project, whether or 3 31 not the parcel is the subject of a conditional conveyance 3 32 granted under the project, the affidavit shall be made by the 3 33 treasurer of the county or the county attorney, a city officer 3 34 designated by resolution of the council, or on behalf of the 3 35 agency or authority, by one of its officers as authorized in 4 1 rules of the agency or authority. 4 2 Sec. 6. Section 458A.20, Code 1995, is amended to read as 4 3 follows: 4 4 458A.20 TAX SALE – REDEMPTION BY OWNER. 4 5 When any such rights or interests not owned by the owner of 4 6 the land are sold at tax sale, and when the owner of such 4 7 rights or interests does not redeem under the provisions of 4 8 chapter 447 withinninetyone hundred eighty days after such 4 9 tax sale, the owner of the land shall thereafter have the same 4 10 right of redemption as the owner of such rights or interests 4 11 has, and redemption by the owner of the land shall terminate 4 12 all right of redemption of the owner of such rights or 4 13 interests. 4 14 Sec. 7. EFFECTIVE AND APPLICABILITY DATE. This Act takes 4 15 effect June 15, 1996, and applies to parcels first offered for 4 16 sale for delinquent property taxes at tax sales held on or 4 17 after that date. 4 18 EXPLANATION 4 19 This bill makes changes to the laws relating to delinquent 4 20 property taxes. First, the interest rate collected by a 4 21 county for delinquent taxes is reduced by 50 percent, from 1.5 4 22 percent per month to three-fourths of 1 percent per month. 4 23 Second, the bill extends the total redemption period from two 4 24 years to four years. In doing so, the 90-day notice of 4 25 expiration of right of redemption is extended to nine months. 4 26 The bill also extends from 90 days to 180 days the time 4 27 period during which a person who has oil, gas, or other 4 28 mineral rights in the property, may redeem the property. 4 29 The bill takes effect June 15, 1996, and applies to parcels 4 30 first offered for sale for delinquent property taxes at tax 4 31 sales held on or after that date. 4 32 LSB 3206SS 76 4 33 sc/sc/14
Text: SF02188 Text: SF02190 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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