Senate Study Bill 1040 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON FRAISE) A BILL FOR An Act relating to instruments used to update the county 1 transfer books and index maintained by the county auditor. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1051SC (3) 84 md/sc

S.F. _____ Section 1. Section 558.66, Code 2011, is amended by striking 1 the section and inserting in lieu thereof the following: 2 558.66 Updating county administrative records. 3 1. Upon the receipt of an instrument that satisfies the 4 requirements of this section and the payment of the applicable 5 fees authorized in section 331.507, subsection 2, the auditor 6 shall enter the updated or corrected real estate ownership 7 information in the transfer books and index required by section 8 558.60 . 9 2. In the case of an instrument filed with the recorder that 10 satisfies the requirements of this section, the recorder shall 11 collect the applicable fees authorized under section 331.507, 12 subsection 2, and section 331.604 and pay such fees to the 13 treasurer as provided in section 331.902, subsection 3. 14 3. Each of the following instruments shall be accepted by 15 the auditor for the purpose of updating the county transfer 16 books and index if a conveyance has not occurred: 17 a. A certificate issued by the clerk of the district court 18 or clerk of the supreme court indicating that the title to real 19 estate has been finally established in any named person by 20 judgment or decree or by will. 21 b. An affidavit of or on behalf of a surviving joint tenant 22 or a person who owns the remainder interest. The affidavit 23 shall include substantially the following: 24 (1) The name of the affiant. 25 (2) The name of the surviving joint tenant or owner of 26 the remainder interest, as applicable, whose name the county 27 records should reflect ownership of title. 28 (3) The name of the deceased joint tenant or life tenant and 29 such person’s date of death. 30 (4) The legal description of the real estate located in the 31 county. 32 (5) The description and date of filing and recording of the 33 conveyance instrument by which the surviving joint tenant or 34 owner of the remainder interest acquired title. 35 -1- LSB 1051SC (3) 84 md/sc 1/ 3

S.F. _____ (6) The document reference number of the instrument 1 establishing title, if applicable. 2 (7) A request that the auditor enter the information on the 3 transfer books and index pursuant to subsection 1. 4 c. An affidavit by or for a person, other than an 5 individual, following a merger, consolidation, name change, or 6 change of fiduciary. The affidavit shall include substantially 7 the following, as applicable: 8 (1) The former name of the person. 9 (2) The new name of the person. 10 (3) The legal description of the real estate located in the 11 county. 12 (4) A description of the merger, consolidation, name 13 change, or change of fiduciary. 14 (5) A request that the auditor enter the information on the 15 transfer books and index pursuant to subsection 1. 16 d. Articles of merger, consolidation, or name change as 17 required by another provision of law if the legal description 18 of the real estate is attached thereto. 19 4. An instrument accepted by the auditor and used to update 20 the transfer books and index under this section, but which is 21 not recorded with the recorder, is not a muniment of title. 22 EXPLANATION 23 This bill strikes and rewrites current Code section 558.66 24 relating to updating of the county transfer books and index by 25 the county auditor upon receipt of certain certificates issued 26 by the clerk of the district court or clerk of the supreme 27 court indicating that the title to real estate has been finally 28 established and other specified affidavits filed relating to 29 real estate held in joint tenancy by married individuals. 30 The bill provides that upon the receipt of certain 31 instruments containing specified information relating to the 32 ownership of real estate and the payment of all required fees, 33 the auditor shall enter the updated or corrected real estate 34 ownership information in the transfer books and index. The 35 -2- LSB 1051SC (3) 84 md/sc 2/ 3

S.F. _____ types of instruments authorized in the bill for use by the 1 auditor include a certificate issued by the clerk of the 2 district court or clerk of the supreme court indicating that 3 the title to real estate has been finally established in any 4 named person by judgment or decree or by will, an affidavit of 5 or on behalf of a surviving joint tenant (not only those joint 6 tenants who are a surviving spouse) or a person who owns a 7 remainder interest, an affidavit by or for a person, other than 8 an individual, following a merger, consolidation, name change, 9 or change of fiduciary, and articles of merger, consolidation, 10 or name change if the legal description of the real estate is 11 attached. The bill provides that an instrument accepted by the 12 auditor and used to update the transfer books and index under 13 the bill, but which is not recorded with the county recorder, 14 is not a muniment of title. 15 -3- LSB 1051SC (3) 84 md/sc 3/ 3