House Study Bill 252

                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON MADDOX)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to real property, including acknowledgments of
  2    real property conveyances and limitations on causes of action
  3    concerning real property.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2476HC 80
  6 sc/pj/5

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, if whether made within this state,
  1  7 must be before some court having a seal, or some judge or
  1  8 clerk thereof, or some county auditor, or judicial magistrate
  1  9 or district associate judge within the county, or notary
  1 10 public within the state.  Each of the officers above named is
  1 11 authorized to take and certify acknowledgments of all written
  1 12 instruments, authorized or required by law to be acknowledged
  1 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 20 either any 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 26    It A document shall not be deemed lawfully recorded, unless
  1 27 it has been previously acknowledged or proved in the manner
  1 28 prescribed in this chapter or chapter 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 this division chapter:
  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    This division chapter 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    This division chapter 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 this division chapter 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 this division chapter
  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