House Journal: Page 1516: Thursday, April 13, 2000
April 13, 2000
Michael Marshall
Secretary of the Senate
State Capitol Building
L O C A L
Dear Mr. Marshall:
I hereby transmit Senate File 2220, an act relating to forcible entry and detainer
actions in small claims court following a default on a contract for deed, pursuant to
Article III, section 16, of the Constitution of Iowa.
I have a number of concerns with the impact of this legislation on Iowa consumers
utilizing real estate contracts that compel me to disapprove it. This legislation is
inconsistent with current practices regarding the involvement of the district courts in
disputed forfeiture claims. I am not persuaded that changing current small claims
court jurisdiction levels is appropriate. I feel that current requirements for a completed
forfeiture action in real estate contract cases provides broader procedural protections
for consumers than the provisions of this bill. As an example, the current forfeiture
process allows those representing consumers in these cases to use a "discovery" process
to obtain more information for their clients. Such would not be allowed under the
provisions of Senate File 2220. In consultation with the Attorney General, I have also
found that this legislation also could expose unwary Iowans to other unscrupulous
practices which could result in some individuals losing both their equity and their
homes. In short, this legislation proposes to reduce a number of current legal
protections extended to Iowans who are purchasing real estate on contract.
For the above reasons, I hereby respectfully disapprove Senate File 2220.
Sincerely,
Thomas J. Vilsack
Governor
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present in
the House chamber:
Twenty-seven fourth grade students from Westwood Elementary,
Ankeny, accompanied by Mrs. Nelson, Mrs. Rollison, Mrs. Eastwood
and Mrs. Mery. By Boal of Polk.
Forty-four eighth grade students from River Valley Middle School,
Correctionville, Cushing, Quimby and Washta, accompanied by Mr.
Nugent, Mr. John Hopp, Mrs. Virginia Reyman, Becky Collins, Barb
Utesch, Connie Kimple. By Huseman of Cherokee and Kettering of
Sac.
© 2000 Cornell College and
League of Women Voters of Iowa
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Last update: Mon Apr 17 13:35:00 CDT 2000
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