Text: HSB00251 Text: HSB00253 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 558.20, Code 2003, is amended to read 1 2 as follows: 1 3 558.20 ACKNOWLEDGMENTS WITHIN STATE. 1 4 The acknowledgment of any deed, conveyance, or other 1 5 instrument in writing by which real estate in this state is 1 6 conveyed or encumbered,ifwhether made within this state, 1 7must be before some court having a seal, or some judge or1 8clerk thereof, or some county auditor, or judicial magistrate1 9or district associate judge within the county, or notary1 10public within the state. Each of the officers above named is1 11authorized to take and certify acknowledgments of all written1 12instruments, authorized or required by law to be acknowledged1 13 outside this state, outside the United States, or under 1 14 federal authority, shall comply with the provisions of chapter 1 15 9E. 1 16 Sec. 2. Section 558.40, Code 2003, is amended to read as 1 17 follows: 1 18 558.40 LIABILITY OF OFFICER. 1 19 Any officer, who knowingly misstates a material fact in 1 20eitherany of the certificates mentioned in this chapter or 1 21 chapter 9E, shall be liable for all damages caused thereby, 1 22 and shall be guilty of a serious misdemeanor. 1 23 Sec. 3. Section 558.42, Code 2003, is amended to read as 1 24 follows: 1 25 558.42 ACKNOWLEDGMENT AS CONDITION PRECEDENT. 1 26ItA document shall not be deemed lawfully recorded, unless 1 27 it has been previously acknowledged or proved in the manner 1 28 prescribed inthis chapter orchapter 9E, except that 1 29 affidavits, and certified copies of petitions in bankruptcy 1 30 with or without the schedules appended, of decrees of 1 31 adjudication in bankruptcy, and of orders approving trustees' 1 32 bonds in bankruptcy, and Uniform Commercial Code financing 1 33 statements and financing statement changes need not be thus 1 34 acknowledged. 1 35 Sec. 4. Section 602.8102, subsection 78, Code 2003, is 2 1 amended to read as follows: 2 2 78. Certify an acknowledgment of a written instrument 2 3 relating to real estate as provided in section 9E.10 or 2 4 558.20. 2 5 Sec. 5. Section 614.29, unnumbered paragraph 1, Code 2003, 2 6 is amended to read as follows: 2 7 As used in thisdivisionchapter: 2 8 Sec. 6. Section 614.30, Code 2003, is amended to read as 2 9 follows: 2 10 614.30 CONSTRUCTION LIBERAL. 2 11 Thisdivisionchapter shall be liberally construed to 2 12 effect the legislative purpose of simplifying and facilitating 2 13 land title transactions by allowing persons to rely on a 2 14 record chain of title as described in section 614.31, subject 2 15 only to such limitations as appear in section 614.32. 2 16 Sec. 7. Section 614.36, Code 2003, is amended to read as 2 17 follows: 2 18 614.36 LESSORS, REVERSIONERS, AND EASEMENTS. 2 19 Thisdivisionchapter shall not be applied to bar any 2 20 lessor or lessor's successor as a reversioner of the lessor's 2 21 right to possession on the expiration of any lease; or to bar 2 22 or extinguish any easement or interest in the nature of an 2 23 easement, the existence of which is apparent from or can be 2 24 proved by physical evidence of its use; or to bar any right, 2 25 title or interest of the United States, by reason of failure 2 26 to file the notice herein required. 2 27 Sec. 8. Section 614.37, Code 2003, is amended to read as 2 28 follows: 2 29 614.37 LIMITATION STATUTES NOT EXTENDED. 2 30 Nothing contained in thisdivisionchapter shall be 2 31 construed to extend the period for the bringing of an action 2 32 or for the doing of any other required act under any statutes 2 33 of limitations, nor, except as herein specifically provided, 2 34 to effect the operation of any statutes governing the effect 2 35 of the recording or the failure to record any instrument 3 1 affecting land. It is intended that nothing contained in this 3 2 division be interpreted to revive or extend the period of 3 3 filing a claim or bringing an action that may be limited or 3 4 barred by any other statute. 3 5 Sec. 9. Section 614.38, Code 2003, is amended to read as 3 6 follows: 3 7 614.38 PERIOD EXTENSION IN CERTAIN CASES. 3 8 If the forty-year period specified in thisdivisionchapter 3 9 shall have expired prior to one year after July 1, 1969, such 3 10 period shall be extended one year after July 1, 1969. 3 11 Sec. 10. Sections 558.21 through 558.30 and 558.37 through 3 12 558.39, Code 2003, are repealed. 3 13 EXPLANATION 3 14 This bill repeals the acknowledgment provisions in Code 3 15 chapter 558 relating to real property conveyances and, by 3 16 operation of law, makes similar acknowledgment provisions 3 17 contained in Code chapter 9E, relating to notarial acts, the 3 18 sole acknowledgment requirements. 3 19 The bill also amends Code chapter 614 relating to 3 20 limitations of actions to make provisions relating to the Code 3 21 chapter division on marketable record title applicable to the 3 22 entire Code chapter. The provisions made applicable to the 3 23 entire chapter are those relating to definitions, liberal 3 24 construction, rights upon expiration of a lease, extension of 3 25 limitation statutes, and 40-year period extension in certain 3 26 cases. 3 27 LSB 2476HC 80 3 28 sc/pj/5
Text: HSB00251 Text: HSB00253 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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