Text: SF00302 Text: SF00304 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 303 1 2 1 3 AN ACT 1 4 REQUIRING THAT THE CLERK OF THE DISTRICT COURT CONFIRM THAT 1 5 NOTICE HAS BEEN GIVEN TO REQUIRED PARTIES PRIOR TO THE 1 6 FILING OF A NONSTATUTORY LIEN. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 575.1, Code 1999, is amended to read as 1 11 follows: 1 12 575.1 NONSTATUTORY LIENS. 1 13 1. A person claiming a common law lien, an equitable 1 14 servitude lien, or a lien of similar nature which is other 1 15 than a statutory lien, shall first give notice to any legal 1 16 and equitable owners and persons in possession of the real or 1 17 personal property against which the lien is sought. 1 18 a. If the lien is filed by an owner of the real or 1 19 personal property, notice shall first be given to any person 1 20 with a lien or other interest in the property. 1 21 b. The notice shall be given pursuant to the Iowa rules of 1 22 civil procedure. 1 23 2. Prior to the filing of the lien in any office of record 1 24 in the county where the real or personal property is located, 1 25 the following shall occur: 1 26 a. The clerk of the district court shall confirm that all 1 27 notices required pursuant to subsection 1 have been given. 1 28 b. The district court in such county shall hold a hearing 1 29 to determine the validity of the lien. 1 30 (1) Pendency of such a proceeding shall not be indexed 1 31 under section 617.10 and shall not constitute lis pendens or 1 32 constructive notice to third persons under sections 617.11 1 33 through 617.15. 1 34 (2) A bona fide purchaser takes title to the real or 1 35 personal property free of any claims arising from such 2 1 proceeding unless proper filing is made in the office of the 2 2 county recorder as provided in this section. 2 3 (3) The person claiming the lien is required to prove the 2 4 validity of the lien by a preponderance of the evidence. 2 5 (4) If the court determines the person claiming the lien 2 6 has willfully and maliciously proceeded, a judgment may be 2 7 entered against the person claiming the lien in favor of any 2 8 resisting party for reasonable damages, including actual 2 9 damages, costs, and reasonable attorneys' fees incurred by the 2 10 resisting party. 2 11 3. A lien, as described in this section, shall not be 2 12 filed in any office of record other than as provided in this 2 13 section and if such lien is filed other than as provided in 2 14 this section, the lien shall be null and void and of no force 2 15 or effect. 2 16 4. If, after hearing the district court enters an order 2 17 determining the lien to be valid, the person claiming the lien 2 18 shall file a certified copy of the order in the office of the 2 19 county recorder where the real or personal property is 2 20 located. 2 21 5. An appeal from the district court arising from such 2 22 proceeding is by certiorari. 2 23 2 24 2 25 2 26 MARY E. KRAMER 2 27 President of the Senate 2 28 2 29 2 30 2 31 RON J. CORBETT 2 32 Speaker of the House 2 33 2 34 I hereby certify that this bill originated in the Senate and 2 35 is known as Senate File 303, Seventy-eighth General Assembly. 3 1 3 2 3 3 3 4 MICHAEL E. MARSHALL 3 5 Secretary of the Senate 3 6 Approved , 1999 3 7 3 8 3 9 3 10 THOMAS J. VILSACK 3 11 Governor
Text: SF00302 Text: SF00304 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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