Text: SSB01108 Text: SSB01110 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 575.1, Code 1999, is amended to read as 1 2 follows: 1 3 575.1 NONSTATUTORY LIENS. 1 4 1. A person claiming a common law lien, an equitable 1 5 servitude lien, or a lien of similar nature which is other 1 6 than a statutory lien, shall first give notice to any legal 1 7 and equitable owners and persons in possession of the real or 1 8 personal property against which the lien is sought. 1 9 a. If the lien is filed by an owner of the real or 1 10 personal property, notice shall first be given to any person 1 11 with a lien or other interest in the property. 1 12 b. The notice shall be given pursuant to the Iowa rules of 1 13 civil procedure. 1 14 2. Prior to the filing of the lien in any office of record 1 15 in the county where the real or personal property is located, 1 16 the following shall occur: 1 17 a. The clerk of the district court shall confirm that all 1 18 notices required pursuant to subsection 1 have been given. 1 19 b. The district court in such county shall hold a hearing 1 20 to determine the validity of the lien. 1 21 (1) Pendency of such a proceeding shall not be indexed 1 22 under section 617.10 and shall not constitute lis pendens or 1 23 constructive notice to third persons under sections 617.11 1 24 through 617.15. 1 25 (2) A bona fide purchaser takes title to the real or 1 26 personal property free of any claims arising from such 1 27 proceeding unless proper filing is made in the office of the 1 28 county recorder as provided in this section. 1 29 (3) The person claiming the lien is required to prove the 1 30 validity of the lien by a preponderance of the evidence. 1 31 (4) If the court determines the person claiming the lien 1 32 has willfully and maliciously proceeded, a judgment may be 1 33 entered against the person claiming the lien in favor of any 1 34 resisting party for reasonable damages, including actual 1 35 damages, costs, and reasonable attorneys' fees incurred by the 2 1 resisting party. 2 2 3. A lien, as described in this section, shall not be 2 3 filed in any office of record other than as provided in this 2 4 section and if such lien is filed other than as provided in 2 5 this section, the lien shall be null and void and of no force 2 6 or effect. 2 7 4. If, after hearing the district court enters an order 2 8 determining the lien to be valid, the person claiming the lien 2 9 shall file a certified copy of the order in the office of the 2 10 county recorder where the real or personal property is 2 11 located. 2 12 5. An appeal from the district court arising from such 2 13 proceeding is by certiorari. 2 14 EXPLANATION 2 15 This bill requires, before the clerk of the district court 2 16 permits the filing of a nonstatutory lien under Code section 2 17 575.1, that the clerk confirm that the required notices have 2 18 been given to the necessary parties. 2 19 LSB 1156DP 78 2 20 jj/sc/14
Text: SSB01108 Text: SSB01110 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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