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House File 2281

Partial Bill History

Bill Text

PAG LIN
  1  1                                        HOUSE FILE 2281
  1  2 
  1  3 
  1  4                             AN ACT
  1  5 PROVIDING FOR THE MANDATORY RECORDING OF CERTAIN
  1  6    RESIDENTIAL REAL ESTATE INSTALLMENT SALES CONTRACTS,
  1  7    PROVIDING A PENALTY, AND PROVIDING FOR THE ACT'S
  1  8    APPLICABILITY.
  1  9 
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 11 
  1 12    Section 1.  NEW SECTION.  558.46  MANDATORY RECORDING OF
  1 13 CERTAIN RESIDENTIAL REAL ESTATE INSTALLMENT SALES CONTRACTS.
  1 14    1.  Every real estate installment sales contract
  1 15 transferring an interest in residential property shall be
  1 16 recorded by the contract seller with the county recorder in
  1 17 the county in which the real estate is situated not later than
  1 18 one hundred eighty days from the date the contract was signed
  1 19 by the contract seller and contract purchaser.
  1 20    2.  Failure to record a real estate contract required to be
  1 21 recorded by this section by the contract seller within the
  1 22 specified time limit is punishable by a fine not to exceed one
  1 23 hundred dollars per day for each day of violation.  The county
  1 24 recorder shall record a real estate contract presented for
  1 25 recording even though not presented within one hundred eighty
  1 26 days of the signing of the contract.  The county recorder
  1 27 shall forward to the county attorney a copy of each real
  1 28 estate contract recorded more than one hundred eighty days
  1 29 from the date the contract was signed by the contract seller
  1 30 and contract purchaser.  The county attorney shall initiate
  1 31 action in the district court to enforce the provisions of this
  1 32 section.  Fines collected pursuant to this subsection shall be
  1 33 deposited in the general fund of the county.
  1 34    3.  Failure to timely record shall not invalidate an
  1 35 otherwise valid real estate contract.  However, a contract
  2  1 seller is prohibited from initiating forfeiture proceedings on
  2  2 the basis of a failure to comply with the terms of a real
  2  3 estate contract, if the contract has not been recorded.
  2  4    4.  If a real estate contract is required to be recorded
  2  5 under this section, the requirement is satisfied by recording
  2  6 either the entire real estate contract or a memorandum of the
  2  7 contract containing at least the names and addresses of all
  2  8 parties named in the contract, a description of all real
  2  9 property and interests in the real property subject to the
  2 10 contract, the length of the contract, and a statement as to
  2 11 whether the seller is entitled to the remedy of forfeiture and
  2 12 as to the dates upon which payments are due.
  2 13    5.  For the purposes of this section, "residential
  2 14 property" includes commercial property consisting of three or
  2 15 more separate living quarters with at least seventy-five
  2 16 percent of the space used for residential purposes.
  2 17    6.  This section applies to residential real estate
  2 18 installment sales contracts entered into before, on, or after
  2 19 July 1, 1998.  However, such contracts entered into before
  2 20 July 1, 1998, shall not be subject to the fine in subsection
  2 21 2.
  2 22    Sec. 2.  Section 558.41, Code 1997, is amended by adding
  2 23 the following new unnumbered paragraph:
  2 24    NEW UNNUMBERED PARAGRAPH.  A provision contained in a
  2 25 residential real estate installment sales contract which
  2 26 prohibits the recording of the contract, or the recording of a
  2 27 memorandum of the contract, is unenforceable by any party to
  2 28 the contract.
  2 29  
  2 30 
  2 31 
  2 32                                                             
  2 33                               RON J. CORBETT
  2 34                               Speaker of the House
  2 35 
  3  1 
  3  2                                                             
  3  3                               MARY E. KRAMER
  3  4                               President of the Senate
  3  5 
  3  6    I hereby certify that this bill originated in the House and
  3  7 is known as House File 2281, Seventy-seventh General Assembly.
  3  8 
  3  9 
  3 10                                                             
  3 11                               ELIZABETH ISAACSON
  3 12                               Chief Clerk of the House
  3 13 Approved                , 1998
  3 14 
  3 15 
  3 16                         
  3 17 TERRY E. BRANSTAD
  3 18 Governor
     

Text: HF02280                           Text: HF02282
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