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624.23 Liens of judgments---homesteads---enforceability.

1. Judgments in the appellate or district courts of this state, or in the circuit or district court of the United States within the state, are liens upon the real estate owned by the defendant at the time of such rendition, and also upon all the defendant may subsequently acquire, for the period of ten years from the date of the judgment.

2. Judgment liens described in subsection 1 do not remain a lien upon real estate of the defendant, platted as a homestead pursuant to section 561.4, unless execution is levied within thirty days of the time the defendant or the defendant's agent has served written demand on the owner of the judgment. The demand shall state that the lien and all benefits derived from the lien as to the real estate platted as a homestead shall be forfeited unless the owner of the judgment levies execution against that real estate within thirty days from the date of service of the demand. Written demand shall be served in any manner authorized for service of original notice under the Iowa rules of civil procedure. A copy of the written demand and proof of service of the written demand shall be recorded in the office of the county recorder of the county where the real estate platted as a homestead is located.

3. Judgment liens described in subsection 1 shall not attach to subsequently acquired real estate owned by the defendant if the personal liability of the defendant on the judgment has been discharged under the bankruptcy laws of the United States.

Section History: Early form

[C51, § 2485, 2489; R60, § 4105, 4109; C73, § 2882; C97, § 3801; C24, 27, 31, 35, 39, § 11602; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 624.23; 82 Acts, ch 1002, § 1--;3]

Section History: Recent form

85 Acts, ch 100, § 8; 86 Acts, ch 1014, § 1; 89 Acts, ch 102, §8

Internal References

Referred to in § 232.141

Footnotes

Judgment lien, § 123.113 ~ISpecial limitations on judgments, chapter 615 ~IIntent; liens for child or spousal support; 86 Acts, ch 1014, § 3


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