Senate
File
358
-
Introduced
SENATE
FILE
358
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1220)
A
BILL
FOR
An
Act
concerning
title
to
real
estate.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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358
Section
1.
Section
558.5,
Code
2013,
is
amended
to
read
as
1
follows:
2
558.5
Contract
for
deed
——
presumption
of
abandonment.
3
1.
When
the
record
shows
that
a
contract
or
bond
for
a
deed
4
has
been
was
executed
more
than
ten
years
earlier,
and
the
5
record
discloses
no
performance
of
the
same
and
that
more
than
6
ten
years
have
elapsed
since
the
contract
by
its
terms
was
to
7
be
performed,
the
contract
or
bond
shall
be
deemed
abandoned
8
by
the
vendee
and
of
no
effect
void
and
the
land
shall
be
freed
9
from
any
lien
or
defect
on
account
of
the
contract
or
bond
in
10
any
of
the
following
situations:
11
a.
The
record
does
not
indicate
the
contract
or
bond
has
12
been
performed
and
more
than
ten
years
have
elapsed
since
the
13
contract
or
bond
by
its
terms
was
to
be
performed
.
14
b.
A
performance
date
for
the
contract
or
bond
is
not
stated
15
in
the
contract
or
bond
or
any
extensions
thereof
and
more
than
16
twenty
years
have
elapsed
from
the
date
the
contract
or
bond
17
was
executed.
18
2.
On
and
after
July
1,
1992,
this
This
section
shall
19
apply
to
a
contract
or
bond
described
in
this
section
,
if
the
20
contract
or
bond
is
not
filed
of
record
but
is
referred
to
in
21
another
instrument
which
is
filed
of
record.
The
contract
or
22
bond
shall
be
deemed
abandoned
by
the
vendee
ten
years
from
the
23
date
that
the
contract
or
bond
is
to
be
performed
according
to
24
the
recorded
instrument.
However,
if
the
recorded
instrument
25
does
not
refer
to
a
performance
date
for
the
contract
or
bond,
26
the
contract
or
bond
shall
be
deemed
abandoned
ten
twenty
years
27
after
the
date
that
the
instrument
containing
the
reference
is
28
recorded.
29
3.
This
section
shall
not
apply
to
a
vendee
or
a
vendee’s
30
successor
in
interest
if
the
vendee
or
the
vendee’s
successor
31
in
interest
is
in
possession
of
the
property
or
has
been
32
continuously
paying
the
total
amount
due,
as
defined
in
33
section
445.1,
of
the
taxes
levied
against
the
property
for
the
34
preceding
five
years.
35
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358
Sec.
2.
Section
614.21,
Code
2013,
is
amended
to
read
as
1
follows:
2
614.21
Foreclosure
of
ancient
mortgages.
3
1.
No
An
action
shall
be
maintained
to
foreclose
or
4
enforce
any
real
estate
mortgage,
bond
for
deed,
trust
deed,
5
or
contract
for
the
sale
or
conveyance
of
real
estate,
after
6
twenty
years
from
the
date
thereof,
as
shown
by
the
record
of
7
such
instrument,
shall
be
barred,
unless
the
either
of
the
8
following:
9
a.
The
record
of
such
instrument
shows
that
less
than
10
ten
years
have
elapsed
since
the
date
of
maturity
of
the
11
indebtedness
or
part
thereof,
secured
thereby,
or
since
the
12
right
of
action
has
accrued
thereon,
or
unless
the
.
13
b.
The
record
shows
an
extension
of
the
maturity
of
the
14
instrument
or
of
the
debt
or
a
part
thereof,
and
that
ten
years
15
from
the
expiration
of
the
time
of
such
extension
have
not
yet
16
expired.
17
2.
The
date
of
maturity,
when
different
than
as
appears
by
18
the
record
of
the
instrument,
and
the
date
of
maturity
of
any
19
extension
of
said
indebtedness
or
part
thereof,
may
be
shown
20
at
any
time
prior
to
the
expiration
of
the
above
periods
of
21
limitation
specified
in
subsection
1
by
the
holder
of
the
debt
22
or
the
owner
or
assignee
of
the
instrument
filing
an
extension
23
agreement,
duly
acknowledged
as
the
original
instrument
was
24
required
to
be
acknowledged,
in
the
office
of
the
recorder
25
where
the
instrument
is
recorded.
26
3.
From
and
after
July
4,
1946,
this
This
section
shall
also
27
apply
to
any
instrument
of
the
kind
described
in
this
section
28
which
is
not
of
record
but
which
is
described
or
referred
to
29
in
any
other
instrument
which
is
filed
of
record
and
the
.
30
The
limitation
shall
be
ten
years
from
the
due
date
of
the
31
instrument
referred
to
if
disclosed
in
the
record
and
,
if
not
32
so
disclosed
,
then
within
ten
years
from
the
date
of
the
record
33
of
the
instrument
containing
such
reference
is
recorded
.
34
4.
a.
A
vendee
of
a
real
estate
contract
or
bond
for
deed,
35
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358
or
a
vendee’s
successor
in
interest,
who
is
barred
by
this
1
section
from
maintaining
an
action
to
foreclose
or
enforce
2
the
contract
or
bond
and
who
is
in
physical
possession
of
the
3
property
may
serve
the
vendor
with
a
demand
for
a
deed
as
4
provided
in
the
contract.
The
notice
may
be
served
personally
5
or
by
publication,
on
the
same
conditions,
and
in
the
same
6
manner
as
is
provided
for
the
service
of
original
notices,
7
except
that
when
the
notice
is
served
by
publication
an
8
affidavit
shall
not
be
required
before
publication.
Service
9
by
publication
shall
be
deemed
complete
on
the
day
of
the
last
10
publication.
Service
may
be
made
on
a
judgment
creditor
of
11
the
deceased
vendor
or
any
other
person
who
is,
as
a
matter
of
12
record,
interested
in
the
estate
of
a
deceased
vendor,
in
the
13
manner
provided
in
section
654.4A,
subsections
4
and
5.
14
b.
The
demand
shall
state
that
if
a
deed
is
not
provided
15
within
forty-five
days
of
service
and
an
action
to
foreclose
16
or
forfeit
the
contract
has
not
been
commenced
within
such
17
forty-five-day
period,
the
vendee
may
file
an
affidavit
showing
18
service
and
compliance
with
this
subsection
whereupon
the
19
auditor
shall
correct
the
county
records
as
provided
in
section
20
558.67
to
indicate
that
the
rights
of
the
vendor
have
vested
21
in
the
vendee.
22
Sec.
3.
Section
656.3,
Code
2013,
is
amended
to
read
as
23
follows:
24
656.3
Service.
25
1.
Said
The
notice
provided
for
in
section
656.2
may
be
26
served
personally
or
by
publication,
on
the
same
conditions,
27
and
in
the
same
manner
as
is
provided
for
the
service
of
28
original
notices,
except
that
when
the
notice
is
served
by
29
publication
no
an
affidavit
therefor
shall
not
be
required
30
before
publication.
Service
by
publication
shall
be
deemed
31
complete
on
the
day
of
the
last
publication.
32
2.
The
notice
provided
for
in
section
656.2
may
be
served
33
on
a
judgment
creditor
of
a
deceased
vendor
or
on
any
other
34
person
who
is,
as
a
matter
of
record,
interested
in
the
estate
35
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of
a
deceased
vendor
in
the
manner
provided
in
section
654.4A,
1
subsections
4
and
5.
2
Sec.
4.
Section
656.9,
Code
2013,
is
amended
to
read
as
3
follows:
4
656.9
Defect
in
forfeiture
proceedings
——
limitation
of
5
actions.
6
1.
An
action
shall
not
be
commenced
after
July
1,
1992,
7
which
that
asserts
a
claim
against
real
estate
previously
8
subject
to
a
forfeiture
proceeding,
and
such
claim
is
based
9
upon
a
defect
in
the
forfeiture
proceeding,
in
which
the
proof
10
and
record
of
service
of
notice
of
forfeiture
required
by
11
section
656.5
has
been
filed
for
record
in
the
office
of
the
12
county
recorder
prior
to
July
1,
1991.
13
2.
a.
An
action
shall
not
be
commenced
by
a
vendee
who
14
is
not
in
possession
of
the
property,
or
by
a
party
to
the
15
forfeiture
proceeding
who
is
other
than
a
vendee
or
vendor,
16
that
asserts
a
claim
against
real
estate
previously
subject
to
17
a
forfeiture
proceeding,
and
such
claim
is
based
upon
a
defect
18
in
the
forfeiture
proceeding,
in
which
the
proof
and
record
of
19
service
of
notice
of
forfeiture
required
by
section
656.6
has
20
been
filed
of
record
for
more
than
ten
years.
21
b.
A
vendee
who
is
not
in
possession
of
the
property,
or
a
22
party
to
the
forfeiture
proceeding
who
is
other
than
the
vendee
23
or
vendor,
may
commence
an
action
described
in
paragraph
“a”
at
24
any
time
prior
to
July
1,
2014,
if,
as
of
June
30,
2013,
more
25
than
nine
years
but
ten
years
or
less
have
elapsed
since
the
26
proof
and
record
of
service
of
notice
of
forfeiture
required
by
27
section
656.6
was
filed
of
record.
28
c.
This
subsection
is
repealed
July
1,
2014.
29
EXPLANATION
30
This
bill
makes
changes
relating
to
the
sale
of
real
estate
31
by
contract
or
bond.
32
The
bill
amends
Code
section
558.5,
relating
to
a
33
presumption
of
abandonment
of
a
contract
or
bond
for
the
sale
34
of
real
estate.
Under
current
law,
a
contract
or
bond
for
the
35
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sale
of
real
estate
is
presumed
abandoned
and
of
no
effect
if
1
the
record
of
the
contract
or
bond
was
executed
or
recorded,
2
as
applicable,
more
than
10
years
earlier
and
no
performance
3
had
been
made
on
the
contract
or
bond
and
10
years
have
elapsed
4
since
the
performance
date
stated
in
the
record
of
the
contract
5
or
bond.
The
bill
provides
that
if
the
record
of
the
contract
6
or
bond
for
the
sale
of
real
estate
executed
more
than
10
years
7
earlier
does
not
indicate
a
performance
date,
the
contract
or
8
bond
is
presumed
abandoned
and
of
no
effect
when
more
than
20
9
years
have
elapsed
since
the
record
of
the
contract
or
bond
10
was
executed
or
recorded,
as
applicable.
Code
section
558.5
11
is
also
amended
to
remove
a
July
1,
1992,
date
relating
to
12
prospective
applicability
of
Code
section
558.5
to
a
contract
13
or
bond
for
the
sale
of
real
estate
that
is
not
recorded
but
is
14
referred
to
in
another
recorded
instrument.
15
This
bill
amends
Code
section
614.21,
relating
to
the
16
foreclosure
of
ancient
mortgages.
Current
law
provides
that
an
17
action
to
foreclose
or
enforce
any
real
estate
mortgage,
bond
18
for
deed,
trust
deed,
or
contract
for
the
sale
or
conveyance
19
of
real
estate,
after
20
years
from
the
date
thereof,
as
shown
20
by
the
record
of
such
instrument,
shall
not
be
barred
under
21
certain
circumstances.
The
bill
provides
that
a
vendee
of
a
22
real
estate
contract
or
bond
for
deed,
or
a
vendee’s
successor
23
in
interest,
who
is
barred
under
Code
section
614.21
from
24
maintaining
an
action
to
foreclose
or
enforce
the
contract
or
25
bond
and
who
is
in
physical
possession
of
the
property
may
26
serve
the
vendor
with
a
demand
for
a
deed
as
provided
in
the
27
contract.
The
written
notice
may
be
served
personally
or
by
28
publication,
on
the
same
conditions,
and
in
the
same
manner
as
29
is
provided
for
the
service
of
original
notices,
except
that
30
when
the
notice
is
served
by
publication
an
affidavit
shall
31
not
be
required
before
publication.
Service
by
publication
32
shall
be
deemed
complete
on
the
day
of
the
last
publication.
33
The
bill
also
provides
for
service
on
a
judgment
creditor
of
34
a
deceased
vendor
or
any
other
person
who
is,
as
a
matter
of
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358
record,
interested
in
the
estate
of
a
deceased
vendor.
The
1
demand
shall
state
that
if
a
deed
is
not
provided
within
45
2
days
of
service
and
an
action
to
foreclose
or
forfeit
the
3
contract
has
not
been
commenced
within
such
period,
the
vendee
4
may
file
an
affidavit
showing
service.
In
such
a
case
the
5
county
auditor
is
required
to
correct
the
county
records
to
6
indicate
that
the
rights
of
the
vendor
have
vested
in
the
7
vendee.
8
The
bill
amends
Code
section
656.3
to
specify
that
the
9
written
notice
that
a
vendor
is
required
to
serve
on
a
vendee
10
pursuant
to
Code
section
656.2
to
forfeit
a
contract
for
the
11
sale
of
real
estate
located
in
this
state
may
be
served
on
a
12
judgment
creditor
of
a
deceased
vendor
or
on
any
other
person
13
who
is,
as
a
matter
of
record,
interested
in
the
estate
of
a
14
deceased
vendor
in
the
manner
provided
for
service
of
process
15
in
Code
section
654.4A.
16
The
bill
provides
that
an
action
that
asserts
a
claim
against
17
real
estate
previously
subject
to
a
forfeiture
proceeding,
18
based
upon
a
defect
in
the
forfeiture
proceeding,
shall
not
be
19
commenced
by
a
vendee
who
is
not
in
possession
of
the
property,
20
or
by
a
party
to
the
forfeiture
proceeding
who
is
other
than
21
a
vendee
or
vendor,
in
which
the
proof
and
record
of
service
22
of
notice
of
forfeiture
has
been
filed
of
record
for
more
than
23
10
years.
A
vendee
who
is
not
in
possession
of
the
property,
24
or
a
party
to
the
forfeiture
proceeding
who
is
other
than
the
25
vendee
or
vendor,
may
commence
such
an
action
at
any
time
prior
26
to
July
1,
2014,
if,
as
of
June
30,
2013,
more
than
nine
years
27
but
10
years
or
less
have
elapsed
since
the
proof
and
record
of
28
service
of
notice
of
forfeiture
was
filed
of
record.
The
bill
29
repeals
this
provision
on
July
1,
2014.
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