Senate Study Bill 3098 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON McCOY ) A BILL FOR An Act relating to service of notice by mail for holders of a 1 property tax sale certificate of purchase. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5584XC (6) 84 md/sc
S.F. _____ Section 1. Section 447.9, subsections 1 and 2, Code 2011, 1 are amended to read as follows: 2 1. After one year and nine months from the date of sale, 3 or after nine months from the date of a sale made under 4 section 446.18 , or after three months from the date of a sale 5 made under section 446.19A or 446.19B , the holder of the 6 certificate of purchase may cause to be served upon the person 7 in possession of the parcel, and also upon the person in whose 8 name the parcel is taxed, a notice signed by the certificate 9 holder or the certificate holder’s agent or attorney, stating 10 the date of sale, the description of the parcel sold, the name 11 of the purchaser, and that the right of redemption will expire 12 and a deed for the parcel be made unless redemption is made 13 within ninety days from the completed service of the notice. 14 The notice shall be served by both regular mail and certified 15 mail to the person’s last known address and such service is 16 deemed completed when the notice by certified mail is deposited 17 in the mail and postmarked for delivery. The ninety-day 18 redemption period begins as provided in section 447.12 . When 19 the notice is given by a county as a holder of a certificate 20 of purchase the notice shall be signed by the county treasurer 21 or the county attorney, and when given by a city, it shall 22 be signed by the city officer designated by resolution of 23 the council. When the notice is given by the Iowa finance 24 authority or a city or county agency holding the parcel as 25 part of an Iowa homesteading project, it shall be signed on 26 behalf of the agency or authority by one of its officers, as 27 authorized in rules of the agency or authority. 28 2. Service of the notice shall be made by both regular mail 29 and certified mail on any mortgagee having a lien upon the 30 parcel, a vendor of the parcel under a recorded contract of 31 sale, a lessor who has a recorded lease or recorded memorandum 32 of a lease, and any other person who has an interest of record, 33 at the person’s last known address. The notice shall be served 34 on any city where the parcel is situated. Notice shall not be 35 -1- LSB 5584XC (6) 84 md/sc 1/ 2
S.F. _____ served after the filing of the affidavit required by section 1 447.12 . Only those persons who are required to be served the 2 notice of expiration as provided in this section or who have 3 acquired an interest in or possession of the parcel subsequent 4 to the filing of the notice of expiration of the right of 5 redemption are eligible to redeem a parcel from tax sale. 6 Service of the notice is deemed completed when the notice is 7 deposited in the mail and postmarked for delivery. 8 EXPLANATION 9 This bill relates to the manner in which a holder of a 10 property tax sale certificate of purchase provides certain 11 notices under Code chapter 447 (tax redemption) following a 12 tax sale. The bill requires that service of the notice of 13 expiration of right of redemption made on specified lienholders 14 and interest holders be made by both regular mail and certified 15 mail and specifies when service of such notice is deemed 16 completed. 17 Certified mail means a mail service provided by the United 18 States postal service where the post office provides the mailer 19 with a receipt to prove mailing. 20 Pursuant to Code section 447.14, the law in effect at the 21 time of tax sale governs redemption. 22 -2- LSB 5584XC (6) 84 md/sc 2/ 2