Text: SF00302                           Text: SF00304
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 303

Partial Bill History

Bill Text

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

Return To Home index


© 1999 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Jan 12 05:55:00 CST 2000
URL: /DOCS/GA/78GA/Legislation/SF/00300/SF00303/990407.html
jhf