House
File
371
-
Enrolled
House
File
371
AN
ACT
RELATING
TO
ATTORNEY
FEES
AND
COURT
COSTS
IN
AN
ACTION
TO
QUIET
TITLE
AFTER
A
REQUEST
FOR
A
QUITCLAIM
DEED.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
649.5,
Code
2017,
is
amended
to
read
as
follows:
649.5
Demand
for
quitclaim
——
attorney
fees.
1.
If
a
party,
twenty
days
or
more
before
Before
bringing
suit
to
quiet
a
title
to
real
estate,
requests
of
a
party
may
make
a
written
request
to
the
person
holding
an
apparent
adverse
interest
or
right
therein
the
execution
of
a
in
the
property
asking
that
such
person,
and
that
person’s
spouse
if
any,
execute,
have
acknowledged,
and
deliver
a
quitclaim
deed
thereto,
and
also
tenders
to
the
person
one
dollar
and
twenty-five
cents
to
the
property
to
such
requesting
party.
2.
The
written
request
described
in
subsection
1
shall
include
a
draft
quitclaim
deed
to
the
property,
the
street
address
of
the
property,
a
brief
explanation
of
how
the
apparent
adverse
interest
or
right
arose,
if
known,
and
why
the
party
believes
the
interest
or
right
is
not
a
valid
claim
against
title,
a
copy
of
this
section,
a
self-addressed
stamped
envelope,
and
fifty
dollars
to
cover
the
expense
of
the
execution
,
acknowledgment,
and
delivery
of
the
deed
,
and
if
.
3.
If
the
person
refuses
or
neglects
holding
an
apparent
adverse
interest
or
right
in
the
property
fails
to
comply
within
twenty
days
of
receiving
the
written
request
,
the
filing
House
File
371,
p.
2
of
a
disclaimer
of
interest
or
right
shall
not
avoid
the
costs
in
an
action
afterwards
brought,
and
the
court
may
,
in
its
discretion,
if
the
plaintiff
succeeds,
assess,
in
addition
to
the
ordinary
costs
of
court,
an
a
reasonable
attorney
fee
for
plaintiff’s
the
requesting
party’s
attorney
,
not
exceeding
twenty-five
dollars
if
there
is
but
a
single
tract
not
exceeding
forty
acres
in
extent,
or
a
single
lot
in
a
city,
involved,
and
forty
dollars,
if
but
a
single
tract
exceeding
forty
acres
and
not
more
than
eighty
acres.
In
cases
in
which
two
or
more
tracts
are
included
that
may
not
be
embraced
in
one
description,
or
single
tracts
covering
more
than
eighty
acres,
or
two
or
more
city
lots,
a
reasonable
fee
may
be
assessed,
not
exceeding,
proportionately,
those
provided
for
in
this
section
.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
JACK
WHITVER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
371,
Eighty-seventh
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2017
______________________________
TERRY
E.
BRANSTAD
Governor