SENATE FILE 156

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1040)

A BILL FOR

An Act relating to instruments used to update the county transfer books and index maintained by the county auditor.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 558.66, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   558.66  Updating county administrative records.
   1.  Upon the receipt of an instrument that satisfies the requirements of this section and the payment of the applicable fees authorized in section 331.507, subsection 2, the auditor shall enter the updated or corrected real estate ownership information in the transfer books and index required by section 558.60.
   2.  In the case of an instrument filed with the recorder that satisfies the requirements of this section, the recorder shall collect the applicable fees authorized under section 331.507, subsection 2, and section 331.604 and pay such fees to the treasurer as provided in section 331.902, subsection 3.
   3.  Each of the following instruments shall be accepted by the recorder for the purpose of updating the county transfer books and index if a conveyance has not occurred:
   a.  A certificate issued by the clerk of the district court or clerk of the supreme court indicating that the title to real estate has been finally established in any named person by judgment or decree or by will.
   b.  An affidavit of or on behalf of a surviving joint tenant or a person who owns the remainder interest. The affidavit shall include substantially the following:
   (1)  The name of the affiant.
   (2)  The name of the surviving joint tenant or owner of the remainder interest, as applicable, whose name the county records should reflect ownership of title.
   (3)  The name of the deceased joint tenant or life tenant and such person’s date of death.
   (4)  The legal description of the real estate located in the county.
   (5)  The description and date of filing and recording of the conveyance instrument by which the surviving joint tenant or owner of the remainder interest acquired title.
   (6)  The document reference number of the instrument establishing title, if applicable.
   (7)  A request that the auditor enter the information on the transfer books and index pursuant to subsection 1.
   c.  An affidavit by or for a person, other than an individual, following a merger, consolidation, name change, or change of fiduciary. The affidavit shall include substantially the following, as applicable:
   (1)  The former name of the person.
   (2)  The new name of the person.
   (3)  The legal description of the real estate located in the county.
   (4)  A description of the merger, consolidation, name change, or change of fiduciary.
   (5)  A request that the auditor enter the information on the transfer books and index pursuant to subsection 1.
   d.  Articles of merger, consolidation, or name change as required by another provision of law if the legal description of the real estate is attached thereto.
   4.  An instrument recorded pursuant to this section is not a muniment of title.
EXPLANATION
   This bill strikes and rewrites current Code section 558.66 relating to updating of the county transfer books and index by the county auditor upon receipt of certain certificates issued by the clerk of the district court or clerk of the supreme court indicating that the title to real estate has been finally established and other specified affidavits filed relating to real estate held in joint tenancy by married individuals. 
   The bill provides that upon the receipt by the recorder of certain instruments containing specified information relating to the ownership of real estate and the payment of all required fees, the auditor shall enter the updated or corrected real estate ownership information in the transfer books and index. The county recorder is directed to deliver such instruments to the county auditor under Code section 558.58. The types of instruments authorized in the bill for use by the auditor include a certificate issued by the clerk of the district court or clerk of the supreme court indicating that the title to real estate has been finally established in any named person by judgment or decree or by will, an affidavit of or on behalf of a surviving joint tenant (not only those joint tenants who are a surviving spouse) or a person who owns a remainder interest, an affidavit by or for a person, other than an individual, following a merger, consolidation, name change, or change of fiduciary, and articles of merger, consolidation, or name change if the legal description of the real estate is attached. The bill provides that an instrument recorded under the billis not a muniment of title.