House Amendment 8012


PAG LIN




     1  1    Amend Senate File 261, as passed by the Senate, as
     1  2 follows:
     1  3 #1.  Page 1, by striking lines 25 and 26 and
     1  4 inserting the following:  <For the purposes of this
     1  5 subsection, "transfer" means the transfer or
     1  6 conveyance by sale, exchange, real estate contract, or
     1  7 any other method by which real estate and improvements
     1  8 are purchased, if the property includes at least one
     1  9 but not more than four dwelling units.  However,
     1 10 "transfer" does not include any of the following:
     1 11    (1)  A transfer made pursuant to a court order,
     1 12 including but not limited to a transfer under chapter
     1 13 633 or 633A, the execution of a judgment, the
     1 14 foreclosure of a real estate mortgage pursuant to
     1 15 chapter 654, the forfeiture of a real estate contract
     1 16 under chapter 656, a transfer by a trustee in
     1 17 bankruptcy, a transfer by eminent domain, or a
     1 18 transfer resulting from a decree for specific
     1 19 performance.
     1 20    (2)  A transfer to a mortgagee by a mortgagor or
     1 21 successor in interest who is in default, or a transfer
     1 22 by a mortgagee who has acquired real property at a
     1 23 sale conducted pursuant to chapter 654, a transfer
     1 24 back to a mortgagor exercising a right of first
     1 25 refusal pursuant to section 654.16A, a nonjudicial
     1 26 voluntary foreclosure procedure under section 654.18
     1 27 or chapter 655A, or a deed in lieu of foreclosure
     1 28 under section 654.19.
     1 29    (3)  A transfer by a fiduciary in the course of the
     1 30 administration of a decedent's estate, guardianship,
     1 31 conservatorship, or trust.
     1 32    (4)  A transfer between joint tenants or tenants in
     1 33 common.
     1 34    (5)  A transfer made to a spouse, or to a person in
     1 35 the lineal line of consanguinity of a person making
     1 36 the transfer.
     1 37    (6)  A transfer between spouses resulting from a
     1 38 decree of dissolution of marriage, a decree of legal
     1 39 separation, or a property settlement agreement which
     1 40 is incidental to the decree, including a decree
     1 41 ordered pursuant to chapter 598.>
     1 42 #2.  Page 1, by inserting before line 27 the
     1 43 following:
     1 44    <aa.  The inspection requirement of paragraph "a"
     1 45 does not apply to a transfer in which the transferee
     1 46 intends to demolish or raze the building.  The
     1 47 department shall adopt rules pertaining to such
     1 48 transfers.>
     1 49 #3.  Page 1, line 31, by deleting the words <one
     1 50 year> and inserting the following:  <five years>.
     2  1 #4.  By renumbering as necessary.
     2  2
     2  3
     2  4                               
     2  5 HUSER of Polk
     2  6 SF 261.301 82
     2  7 tw/nh/20135

                              -1-