Text: H08622 Text: H08624 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 2400, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 12, by inserting after line 30 the
1 4 following:
1 5 "Sec. ___. NEW SECTION. 648.6 DELAYED VACATION
1 6 – NOTICE TO LIEN HOLDERS.
1 7 In cases covered by chapter 562B, a plaintiff may
1 8 preserve the option of consenting to delayed vacation
1 9 of a premises as provided in section 648.22A, by
1 10 sending a copy of the petition, prior to the date set
1 11 for hearing, by certified or restricted certified mail
1 12 to the county treasurer and to each lienholder whose
1 13 name and address are of record in the office of the
1 14 county treasurer of the county where the mobile home
1 15 or manufactured home is located.
1 16 Sec. ___. NEW SECTION. 648.22A EXECUTIONS
1 17 INVOLVING MOBILE HOMES AND MANUFACTURED HOMES.
1 18 1. In cases covered by chapter 562B, upon
1 19 expiration of three days from the date the judgment is
1 20 entered pursuant to section 648.22, the defendant may
1 21 elect to leave a mobile home or manufactured home and
1 22 its contents in the mobile home park for up to thirty
1 23 days provided all of the following occur:
1 24 a. The plaintiff consents and the plaintiff has
1 25 complied with the provisions of section 648.6.
1 26 b. All utilities to the mobile home or
1 27 manufactured home are disconnected prior to expiration
1 28 of three days from the entry of judgment. Payment of
1 29 any reasonable costs incurred in disconnecting
1 30 utilities is the responsibility of the defendant.
1 31 2. During the thirty-day period the defendant may
1 32 have reasonable access to the home site to show the
1 33 home to prospective purchasers, prepare the home for
1 34 removal, or remove the home, provided that the
1 35 defendant gives the plaintiff and sheriff at least
1 36 twenty-four hours notice prior to each exercise of the
1 37 defendant's right of access.
1 38 3. During the thirty-day period the defendant
1 39 shall not occupy the home or be present on the
1 40 premises between the hours of seven p.m. and seven
1 41 a.m. A violation of this subsection shall be
1 42 punishable as contempt.
1 43 4. If the defendant finds a purchaser of the home,
1 44 who is a prospective tenant of the mobile home park,
1 45 the provisions of section 562B.19, subsection 3,
1 46 paragraph "c", shall apply.
1 47 5. If, within the thirty-day period, the home is
1 48 not sold to an approved purchaser or removed from the
1 49 mobile home park, all of the following shall occur:
1 50 a. The home, its contents, and any other property
2 1 of the defendant remaining on the premises shall
2 2 become the property of the plaintiff free and clear of
2 3 all rights of the defendant to the property and of all
2 4 liens, claims, or encumbrances of third parties, and
2 5 any tax levied pursuant to chapter 435 shall be deemed
2 6 abated.
2 7 b. Any money judgment against the defendant and in
2 8 favor of the plaintiff relating to the previous
2 9 tenancy shall be deemed satisfied.
2 10 c. The county treasurer, upon receipt of a fee
2 11 equal to the fee specified in section 321.42 for
2 12 replacement of certificates of title for motor
2 13 vehicles, and upon receipt of an affidavit submitted
2 14 by the plaintiff verifying that the home was not sold
2 15 to an approved purchaser or removed within the time
2 16 specified in this subsection, shall issue to the
2 17 plaintiff a new title for the home.
2 18 6. A purchaser of the home shall be liable for any
2 19 unpaid sums due the plaintiff, sheriff, or county
2 20 treasurer. For the purposes of this section,
2 21 "purchaser" includes a lienholder or other claimant
2 22 acquiring title to the home in whole or in part by
2 23 reason of a lien or other claim.
2 24 7. A mobile home or manufactured home shall not be
2 25 removed without the prior payment to the plaintiff of
2 26 all sums owing at the time of entry of judgment,
2 27 interest accrued on such sums as provided by law, and
2 28 per diem rent for that portion of the thirty-day
2 29 period which has expired prior to removal, and payment
2 30 of any taxes due on the home which are not abated
2 31 pursuant to subsection 5."
2 32 #2. Title page, line 1, by inserting after the
2 33 word "treasurers" the following: ", removal or sale
2 34 of a mobile home or manufactured home,".
2 35 #3. By renumbering as necessary.
2 36
2 37
2 38
2 39 VANDE HOEF of Osceola
2 40 SF 2400.502 77
2 41 sc/jw/28
Text: H08622 Text: H08624 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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