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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