Text: HF02449 Text: HF02451 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2450 1 2 1 3 AN ACT 1 4 RELATING TO REAL PROPERTY, INCLUDING ACKNOWLEDGMENTS OF REAL 1 5 PROPERTY CONVEYANCES AND LIMITATIONS ON CAUSES OF ACTION 1 6 CONCERNING REAL PROPERTY. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 558.20, Code 2003, is amended to read 1 11 as follows: 1 12 558.20 ACKNOWLEDGMENTSWITHIN STATE. 1 13 The acknowledgment of any deed, conveyance, or other 1 14 instrument in writing by which real estate in this state is 1 15 conveyed or encumbered,ifwhether made within this state, 1 16must be before some court having a seal, or some judge or1 17clerk thereof, or some county auditor, or judicial magistrate1 18or district associate judge within the county, or notary1 19public within the state. Each of the officers above named is1 20authorized to take and certify acknowledgments of all written1 21instruments, authorized or required by law to be acknowledged1 22 outside this state, outside the United States, or under 1 23 federal authority, shall comply with the provisions of chapter 1 24 9E. 1 25 Sec. 2. Section 558.40, Code 2003, is amended to read as 1 26 follows: 1 27 558.40 LIABILITY OF OFFICER. 1 28 Any officer, who knowingly misstates a material fact in 1 29eitherany of the certificates mentioned in this chapter or 1 30 chapter 9E, shall be liable for all damages caused thereby, 1 31 and shall be guilty of a serious misdemeanor. 1 32 Sec. 3. Section 558.42, Code 2003, is amended to read as 1 33 follows: 1 34 558.42 ACKNOWLEDGMENT AS CONDITION PRECEDENT. 1 35ItA document shall not be deemed lawfully recorded, unless 2 1 it has been previously acknowledged or proved in the manner 2 2 prescribed inthis chapter orchapter 9E, except that 2 3 affidavits, and certified copies of petitions in bankruptcy 2 4 with or without the schedules appended, of decrees of 2 5 adjudication in bankruptcy, and of orders approving trustees' 2 6 bonds in bankruptcy, and Uniform Commercial Code financing 2 7 statements and financing statement changes need not be thus 2 8 acknowledged. 2 9 Sec. 4. Section 602.8102, subsection 78, Code 2003, is 2 10 amended to read as follows: 2 11 78. Certify an acknowledgment of a written instrument 2 12 relating to real estate as provided in section 9E.10 or 2 13 558.20. 2 14 Sec. 5. Section 614.29, unnumbered paragraph 1, Code 2003, 2 15 is amended to read as follows: 2 16 As used in thisdivisionchapter: 2 17 Sec. 6. Section 614.30, Code 2003, is amended to read as 2 18 follows: 2 19 614.30 CONSTRUCTION LIBERAL. 2 20 Thisdivisionchapter shall be liberally construed to 2 21 effect the legislative purpose of simplifying and facilitating 2 22 land title transactions by allowing persons to rely on a 2 23 record chain of title as described in section 614.31, subject 2 24 only to such limitations as appear in section 614.32. 2 25 Sec. 7. Section 614.36, Code 2003, is amended to read as 2 26 follows: 2 27 614.36 LESSORS, REVERSIONERS, AND EASEMENTS. 2 28 Thisdivisionchapter shall not be applied to bar any 2 29 lessor or lessor's successor as a reversioner of the lessor's 2 30 right to possession on the expiration of any lease; or to bar 2 31 or extinguish any easement or interest in the nature of an 2 32 easement, the existence of which is apparent from or can be 2 33 proved by physical evidence of its use; or to bar any right, 2 34 title or interest of the United States, by reason of failure 2 35 to file the notice herein required. 3 1 Sec. 8. Section 614.37, Code 2003, is amended to read as 3 2 follows: 3 3 614.37 LIMITATION STATUTES NOT EXTENDED. 3 4 Nothing contained in thisdivisionchapter shall be 3 5 construed to extend the period for the bringing of an action 3 6 or for the doing of any other required act under any statutes 3 7 of limitations, nor, except as herein specifically provided, 3 8 to effect the operation of any statutes governing the effect 3 9 of the recording or the failure to record any instrument 3 10 affecting land. It is intended that nothing contained in this 3 11 division be interpreted to revive or extend the period of 3 12 filing a claim or bringing an action that may be limited or 3 13 barred by any other statute. 3 14 Sec. 9. Section 614.38, Code 2003, is amended to read as 3 15 follows: 3 16 614.38 PERIOD EXTENSION IN CERTAIN CASES. 3 17 If the forty-year period specified in thisdivisionchapter 3 18 shall have expired prior to one year after July 1, 1969, such 3 19 period shall be extended one year after July 1, 1969. 3 20 Sec. 10. Sections 558.21 through 558.30 and 558.37 through 3 21 558.39, Code 2003, are repealed. 3 22 3 23 3 24 3 25 CHRISTOPHER C. RANTS 3 26 Speaker of the House 3 27 3 28 3 29 3 30 JEFFREY M. LAMBERTI 3 31 President of the Senate 3 32 3 33 I hereby certify that this bill originated in the House and 3 34 is known as House File 2450, Eightieth General Assembly. 3 35 4 1 4 2 4 3 MARGARET THOMSON 4 4 Chief Clerk of the House 4 5 Approved , 2004 4 6 4 7 4 8 4 9 THOMAS J. VILSACK 4 10 Governor
Text: HF02449 Text: HF02451 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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