House Study Bill 768 



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


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

                                      A BILL FOR

  1 An Act relating to issuance of a treasurer's deed after
  2    expiration of the period of redemption and providing an
  3    effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6570HC 82
  6 sc/nh/5

PAG LIN



  1  1    Section 1.  Section 448.3, Code 2007, is amended by adding
  1  2 the following new unnumbered paragraph:
  1  3    NEW UNNUMBERED PARAGRAPH.  In the event that an owner of
  1  4 record or a person in whose name the parcel is taxed
  1  5 establishes that such person was not served with notice of
  1  6 expiration of right of redemption in accordance with section
  1  7 447.9, then the county treasurer's deed is void, subject to
  1  8 the provisions of sections 448.15 and 448.16.  If a person
  1  9 entitled to service of notice under section 447.9; other than
  1 10 an owner of record or a person in whose name the parcel is
  1 11 taxed, establishes that such person was not served with notice
  1 12 in accordance with section 447.9, the deed is not thereby
  1 13 rendered invalid.  However, the deed is subject to all of the
  1 14 right and interest of such person not served with notice, as
  1 15 provided in sections 448.15 and 448.16.
  1 16    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  1 17 immediate importance, takes effect upon enactment and applies
  1 18 to treasurer's deeds issued on or after that date.
  1 19                           EXPLANATION
  1 20    This bill provides that a treasurer's deed issued after
  1 21 expiration of the period of redemption is void if it is
  1 22 established that notice of expiration of right of redemption
  1 23 was not served on the owner of record or the person in whose
  1 24 name the parcel is taxed if other than the owner of record.
  1 25 The bill further provides that the deed is not invalid solely
  1 26 because notice was not provided to a person with an interest
  1 27 in the parcel conveyed by tax deed or a person who is in
  1 28 possession of the parcel and such persons were entitled to
  1 29 notice of expiration of right of redemption.  However, the
  1 30 deed remains subject to challenge under other statutory
  1 31 provisions.
  1 32 LSB 6570HC 82
  1 33 sc/nh/5