House
File
2318
-
Enrolled
House
File
2318
AN
ACT
RELATING
TO
REDEMPTION
BY
CERTAIN
PERSONS
OF
PARCELS
SOLD
AT
TAX
SALE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
445.1,
Code
2018,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
3A.
“Legal
representative”
means
a
parent,
guardian,
or
conservator
of
a
person
with
a
legal
disability,
a
person
appointed
by
a
court
to
act
on
behalf
of
a
person
with
a
legal
disability,
or
a
person
acting
on
behalf
of
a
person
with
a
legal
disability
pursuant
to
a
power
of
attorney.
NEW
SUBSECTION
.
4A.
“Person
with
a
legal
disability”
means
a
minor
or
a
person
of
unsound
mind.
Sec.
2.
Section
447.7,
Code
2018,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
447.7
Redemption
by
minors
and
persons
of
unsound
mind.
1.
If
a
parcel
of
a
person
with
a
legal
disability
is
sold
at
tax
sale
and
the
county
treasurer
has
not
delivered
the
treasurer’s
deed,
a
legal
representative
of
the
person
with
the
legal
disability
may
redeem
the
parcel
under
sections
447.1
and
447.3.
2.
a.
If
a
parcel
of
a
person
with
a
legal
disability
is
sold
at
tax
sale
and
the
county
treasurer
has
delivered
the
treasurer’s
deed,
the
person
with
the
legal
disability
or
the
person’s
legal
representative
may
redeem
the
parcel
at
any
time
prior
to
one
year
after
the
legal
disability
is
removed
House
File
2318,
p.
2
by
bringing
an
equitable
action
for
redemption
in
the
district
court
of
the
county
where
the
parcel
is
located,
unless
the
action
is
required
to
be
brought
sooner
in
time
by
operation
of
subsection
3
or
4.
b.
To
establish
the
right
to
redeem,
the
person
maintaining
the
action
shall
prove
to
the
court
that
the
owner
of
the
parcel
is
a
person
with
a
legal
disability
entitled
to
redeem
prior
to
the
delivery
of
the
treasurer’s
deed.
If
the
legal
disability
has
been
removed,
the
person
maintaining
the
action
shall
establish
the
date
the
disability
was
removed
and
explain
the
manner
by
which
the
legal
disability
was
removed.
c.
The
person
maintaining
the
action
shall
name
as
defendants
all
persons
claiming
an
interest
in
the
parcel
derived
from
the
tax
sale,
as
shown
by
the
record.
d.
If
the
court
determines
that
the
person
maintaining
the
action
or
the
person’s
legal
representative
is
entitled
to
redeem
by
virtue
of
legal
disability
or
prior
legal
disability,
the
court
shall
so
order.
The
order
shall
determine
the
rights,
claims,
and
interests
of
all
parties,
including
liens
for
taxes
and
claims
for
improvements
made
on
or
to
the
parcel
by
the
person
claiming
under
the
tax
title.
The
order
shall
establish
the
amount
necessary
to
effect
redemption.
The
redemption
amount
shall
include
the
amount
for
redemption
computed
in
accordance
with
section
447.1
or
447.3,
whichever
is
applicable,
including
interest
computed
up
to
and
including
the
date
of
payment
of
the
total
redemption
amount
to
the
clerk
of
court
and
the
amount
of
all
costs
added
to
the
redemption
amount
in
accordance
with
section
447.13.
In
addition,
if
the
person
claiming
under
the
tax
title
is
determined
by
the
court
to
have
made
improvements
on
or
to
the
parcel
after
the
treasurer’s
deed
was
issued,
the
court
shall
enter
judgment
in
favor
of
the
person
claiming
under
the
tax
title
for
an
amount
equal
to
the
value
of
all
such
improvements,
and
such
judgment
shall
be
a
lien
on
the
parcel
until
paid.
The
order
shall
direct
that
the
person
maintaining
the
action
shall
pay
to
the
clerk
of
court,
within
thirty
days
after
the
date
of
the
order,
the
total
redemption
amount
the
order
sets
forth.
e.
Upon
timely
receipt
of
the
payment,
the
court
shall
enter
judgment
declaring
the
treasurer’s
deed
to
be
void
and
House
File
2318,
p.
3
determining
the
resulting
rights,
claims,
and
interests
of
all
parties
to
the
action.
In
its
judgment,
the
court
shall
direct
the
clerk
of
court
to
deliver
the
entire
amount
of
the
redemption
payment
to
the
person
claiming
title
under
the
treasurer’s
deed.
f.
If
the
person
maintaining
the
action
fails
to
timely
deliver
payment
of
the
total
redemption
amount
to
the
clerk
of
court,
the
court
shall
enter
judgment
holding
that
all
rights
of
redemption
of
the
person
with
a
legal
disability
who
brought
the
action,
or
on
whose
behalf
the
action
was
brought,
are
terminated
and
that
the
validity
of
the
tax
title
or
purported
tax
title
is
conclusively
established
as
a
matter
of
law
against
the
claims
of
such
person
with
a
legal
disability.
3.
If
a
person
with
a
legal
disability
remains
in
possession
of
the
parcel
after
the
recording
of
the
treasurer’s
deed,
and
if
the
person
claiming
under
the
tax
title
properly
commences
an
action
to
remove
the
person
from
possession,
the
person
with
a
legal
disability
shall
forfeit
any
rights
of
redemption
that
the
person
may
have
under
this
section,
unless
either
of
the
following
actions
is
timely
filed
by
or
on
behalf
of
the
person:
a.
A
counterclaim
in
the
removal
action
asserting
the
redemption
rights
under
subsection
2
of
the
person
with
a
legal
disability.
b.
A
separate
action
under
subsection
2.
Such
action
shall
be
filed
within
thirty
days
after
the
person
with
a
legal
disability
and
the
person’s
legal
representative
were
served
with
original
notice
in
the
removal
action.
If
an
action
under
subsection
2
is
filed
by
or
on
behalf
of
the
person
with
a
legal
disability
within
the
thirty-day
period,
the
court
may
order
the
action
consolidated
with
the
removal
action.
4.
If
a
person
with
a
legal
disability
is
not
in
possession
of
the
parcel
at
the
time
of
the
recording
of
the
treasurer’s
deed,
the
person
or
the
person’s
legal
representative
is
forever
barred
and
estopped
from
commencing
an
action
under
this
section
if
either
of
the
following
occurs:
a.
An
affidavit
is
filed
pursuant
to
section
448.15
and
claims
adverse
to
the
tax
title
are
barred
by
section
448.16.
b.
An
action
under
subsection
2
is
not
brought
within
three
House
File
2318,
p.
4
years
after
the
recording
of
the
treasurer’s
deed.
Sec.
3.
Section
447.8,
subsection
1,
Code
2018,
is
amended
to
read
as
follows:
1.
a.
After
the
delivery
of
the
treasurer’s
deed,
a
person
entitled
to
redeem
a
parcel
sold
at
tax
sale
shall
do
so
only
by
an
equitable
action
in
the
district
court
of
the
county
where
the
parcel
is
located.
The
action
to
redeem
may
be
maintained
only
by
a
person
who
was
entitled
to
redeem
the
parcel
during
the
ninety-day
redemption
period
in
section
447.12
,
except
that
such
a
person
may
assign
the
person’s
right
of
redemption
or
right
to
maintain
the
action
to
another
person
,
or
by
a
person
entitled
to
redeem
under
section
447.7
.
b.
In
order
to
establish
the
right
to
redeem,
the
person
maintaining
the
action
shall
be
required
to
prove
to
the
court
either
that
the
person
maintaining
the
action
or
a
predecessor
in
interest
was
not
properly
served
with
notice
in
accordance
with
the
requirements
of
sections
447.9
through
447.12
,
or
that
the
person
maintaining
the
action
or
a
predecessor
in
interest
acquired
an
interest
in
or
possession
of
the
parcel
during
the
ninety-day
redemption
period
in
section
447.12
.
A
person
shall
not
be
entitled
to
maintain
such
action
by
claiming
that
a
different
person
was
not
properly
served
with
notice
of
expiration
of
right
of
redemption,
if
the
person
seeking
to
maintain
the
action,
or
the
person’s
predecessor
in
interest,
if
applicable,
was
properly
served
with
the
notice.
A
After
the
execution
and
delivery
of
the
treasurer’s
deed,
a
person
is
not
allowed
to
may
only
redeem
a
parcel
sold
for
delinquent
taxes
in
any
other
manner
after
the
execution
and
delivery
of
the
treasurer’s
deed
under
this
section
or
section
447.7
.
Sec.
4.
Section
448.6,
subsection
1,
Code
2018,
is
amended
to
read
as
follows:
1.
A
deed
executed
by
the
county
treasurer
in
conformity
with
the
requirements
of
sections
448.2
and
448.3
shall
be
presumed
to
effect
a
valid
title
conveyance,
and
the
treasurer’s
deed
may
be
challenged
only
by
an
equitable
action
in
the
district
court
in
the
county
in
which
the
parcel
is
located.
If
the
action
seeks
an
order
of
the
court
to
allow
redemption
after
delivery
of
the
treasurer’s
deed
because
the
person
seeking
to
redeem
is
a
person
with
a
legal
disability
House
File
2318,
p.
5
who
was
entitled
to
redeem
prior
to
the
delivery
of
the
treasurer’s
deed,
the
action
shall
be
brought
in
accordance
with
section
447.7.
If
the
action
seeks
an
order
of
the
court
to
allow
redemption
after
delivery
of
the
treasurer’s
deed
based
on
improper
service
of
notice
of
expiration
of
right
of
redemption,
the
action
shall
be
brought
in
accordance
with
section
447.8
.
If
the
action
is
not
brought
on
that
basis
under
section
447.7
or
447.8
,
the
action
shall
be
controlled
by
the
provisions
of
this
section
.
Sec.
5.
Section
448.16,
subsection
3,
Code
2018,
is
amended
to
read
as
follows:
3.
An
action
to
enforce
a
claim
filed
under
subsection
1
shall
be
commenced
within
sixty
days
after
the
date
of
filing
the
claim.
The
action
may
be
commenced
by
the
claimant,
or
a
person
under
whom
the
claimant
claims
title,
under
either
section
447.7,
447.8
,
or
448.6
.
If
an
action
by
the
claimant,
or
such
other
person,
is
not
filed
within
sixty
days
after
the
filing
of
the
claim,
the
claim
thereafter
shall
be
forfeited
and
canceled
without
any
further
notice
or
action,
and
the
claimant,
or
the
person
under
whom
the
claimant
claims
title,
thereafter
shall
be
forever
barred
and
estopped
from
having
or
claiming
any
right,
title,
or
interest
in
the
parcel
adverse
to
the
tax
title
or
purported
tax
title.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2318,
Eighty-seventh
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2018
______________________________
KIM
REYNOLDS
Governor