Senate File 527 - Introduced SENATE FILE 527 BY COMMITTEE ON COMMERCE (SUCCESSOR TO SF 313) A BILL FOR An Act relating to evidence of title by state banks and credit 1 unions for certain loans. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2099SV (2) 88 gh/rn
S.F. 527 Section 1. Section 524.905, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. Evidence of title. State banks, 3 when loaning for the purposes of acquisition or refinance 4 of acquisition when a new mortgage, deed of trust, or other 5 similar instrument is filed, may evidence title with any of the 6 following: 7 a. A written legal opinion prepared by an attorney admitted 8 to practice law in the state where the real property is 9 located. 10 b. A title guaranty certificate issued by the title guaranty 11 division of the Iowa finance authority. 12 c. A commercial title insurance policy describing any liens 13 and insuring title to the real property and the validity and 14 enforceability of the mortgage, deed of trust, or other similar 15 instrument as a lien on the real property. 16 Sec. 2. Section 533.315, Code 2019, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 12. Evidence of title. State credit 19 unions, when loaning for the purposes of acquisition or 20 refinance of acquisition when a new mortgage, deed of trust, or 21 other similar instrument is filed, may evidence title with any 22 of the following: 23 a. A written legal opinion prepared by an attorney admitted 24 to practice law in the state where the real property is 25 located. 26 b. A title guaranty certificate issued by the title guaranty 27 division of the Iowa finance authority. 28 c. A commercial title insurance policy describing any liens 29 and insuring title to the real property and the validity and 30 enforceability of the mortgage, deed of trust, or other similar 31 instrument as a lien on the real property. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 2099SV (2) 88 gh/rn 1/ 2
S.F. 527 This bill provides that state banks and state credit unions, 1 when loaning for the purposes of acquisition or refinance 2 of acquisition when a new mortgage, deed, or other similar 3 instrument is filed, may evidence title with a written legal 4 opinion from an attorney admitted to practice law in the state 5 where the property is located, a title guaranty certificate 6 issued by the title guaranty division of the Iowa finance 7 authority, or a commercial title insurance policy insuring 8 title to the property and the validity of the new instrument as 9 a lien on the property. 10 -2- LSB 2099SV (2) 88 gh/rn 2/ 2