H.F. _____ Section 1. NEW SECTION . 9B.6A Failure to require personal 1 appearance —— penalties. 2 1. A notarial officer who performs a notarial act without 3 requiring the personal appearance of the individual as required 4 under section 9B.6, or requiring the use of communication 5 technology in the case of a remotely located individual as 6 provided in section 9B.14A, commits a serious misdemeanor. 7 2. If the notarial act involves the transfer of real 8 property or an interest in real property, a violation of this 9 section is a class “D” felony. 10 3. It is an affirmative defense to a prosecution under 11 this section that the individual appeared before the notarial 12 officer and knowingly presented apparently valid proof of 13 identification, even if the individual was not in fact the 14 person identified in the proof of identification, or if the 15 remotely located individual provided apparently valid identity 16 proofing information in the case of a notarial act performed 17 under section 9B.14A. 18 Sec. 2. Section 22.7, Code 2026, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 78. Any copy of photo identification 21 submitted to a county recorder pursuant to section 558.11. 22 Sec. 3. Section 558.11, Code 2026, is amended to read as 23 follows: 24 558.11 Record —— constructive notice. 25 1. The evidence of title shall be filed with the recorder of 26 deeds of the county in which the real estate is situated, who 27 shall record the same, and place an abstract thereof upon the 28 index of deeds. The recording thereof shall be constructive 29 notice to all persons, as provided in other cases of entries 30 upon said index, and the recorder shall receive the same fees 31 therefor as for recording other instruments. 32 2. An instrument affecting real estate shall not be accepted 33 for recording unless one of the following applies: 34 a. If the instrument is filed for recording by a trusted 35 -1- LSB 6060YC (2) 91 lh/jh 1/ 6

H.F. _____ filer, all of the following apply: 1 (1) The instrument is signed by the grantor. 2 (2) The instrument is acknowledged or sworn to by the 3 grantor before and certified by a notarial officer, or in the 4 presence of two or more credible subscribing witnesses. 5 b. If the instrument is filed for recording by an individual 6 other than a trusted filer, all of the following apply: 7 (1) The instrument is signed by the grantor. 8 (2) The instrument is acknowledged or sworn to by the 9 grantor in the presence of two or more credible subscribing 10 witnesses. 11 (3) The instrument is acknowledged or sworn to by the 12 grantor, the grantee, and each subscribing witness before and 13 certified by a notarial officer. 14 (4) The instrument is accompanied by a copy of a valid 15 photo identification for the grantor and the grantee filing the 16 instrument for recording. 17 3. If an individual advises the recorder that an instrument 18 affecting real estate filed for recording is fraudulent, the 19 recorder shall notify the county attorney with jurisdiction 20 over the area in which the real property is located and shall 21 provide the county attorney with any photo identification 22 submitted pursuant to subsection 2, paragraph “b” , subparagraph 23 (4). 24 4. For purposes of this section, “trusted filer” means an 25 attorney; a title agent; a title company; an escrow company 26 that provided closing, settlement, or other comparable 27 transaction services in connection with the transfer of real 28 property; a public utility; a governmental entity; or a person 29 acting on behalf of any such entity. 30 Sec. 4. Section 649.6, Code 2026, is amended to read as 31 follows: 32 649.6 Equitable proceedings. 33 1. In all other respects, the action contemplated in this 34 chapter shall be conducted as other actions by equitable 35 -2- LSB 6060YC (2) 91 lh/jh 2/ 6

H.F. _____ proceedings, so far as the same may be applicable, with the 1 modifications prescribed. 2 2. The clerk of the district court shall make available 3 a simplified form and instructions for filing a petition to 4 quiet title based on an allegation of a fraudulent attempted 5 conveyance. 6 3. In an action to determine and quiet title to real 7 property, if the court finds that a fraudulent attempted 8 conveyance occurred, the court shall quiet title in the 9 plaintiff and restore the plaintiff to the title and rights 10 held immediately prior to the attempted conveyance. 11 4. Notwithstanding any limitations imposed by court rule 12 relating to a maximum amount of damages or that limits the 13 grounds for which an expedited civil action may be brought, an 14 action under this section may be brought as an expedited civil 15 action if the petition includes a specific allegation that a 16 fraudulent instrument or attempted conveyance affects the title 17 to the real property. 18 Sec. 5. Section 714.1, Code 2026, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 9A. A person commits theft if the person 21 does any of the following: 22 a. Brings about, or attempts to bring about, a transfer or 23 purported transfer of real property, title to real property, 24 or a nonpossessory interest in real property to a transferee 25 or intended transferee without the effective consent of the 26 owner of the real property or nonpossessory interest and 27 with the intent to deprive the owner of the real property or 28 nonpossessory interest. 29 b. Sells, transfers, or encumbers, or attempts to sell, 30 transfer, or encumber, real property, title to real property, 31 or a nonpossessory interest in real property with respect to 32 a person in exchange for a benefit from any person, without 33 the effective consent of the owner of the benefit and with the 34 intent to deprive the owner of the benefit. 35 -3- LSB 6060YC (2) 91 lh/jh 3/ 6

H.F. _____ Sec. 6. Section 714.8, Code 2026, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 23. Any of the following: 3 a. Intentionally or knowingly makes a materially false or 4 misleading written statement for the purpose of obtaining real 5 property or an interest in real property. 6 b. With the intent to defraud or harm a person by causing 7 one of the following: 8 (1) Another person, without that person’s effective 9 consent, to sign or execute any document affecting real 10 property or any person’s interest in real property. 11 (2) A public servant, without the public servant’s 12 effective consent, to file or record any purported judgment or 13 other document purporting to memorialize or evidence title to 14 real property or any person’s interest in real property, or a 15 lien or claim against real property or against any person’s 16 interest in real property. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to notarial acts, recording of instruments 21 affecting real property, quiet title proceedings, and theft. 22 The bill creates a new criminal offense for a notarial 23 officer who performs a notarial act without requiring the 24 personal appearance of the individual, or requiring the use 25 of communication technology in the case of a remotely located 26 individual as required under current law. A violation is 27 a serious misdemeanor. If the notarial act involves the 28 transfer of real property or an interest in real property, the 29 violation is elevated to a class “D” felony. The bill provides 30 an affirmative defense if an individual appeared before the 31 notarial officer and knowingly presented apparently valid 32 proof of identification, if the individual was not the person 33 identified in the proof of identification, or if the remotely 34 located individual provided apparently valid identity proofing 35 -4- LSB 6060YC (2) 91 lh/jh 4/ 6

H.F. _____ information. 1 A serious misdemeanor is punishable by confinement for no 2 more than one year and a fine of at least $430 but not more than 3 $2,560. A class “D” felony is punishable by confinement for no 4 more than five years and a fine of at least $1,025 but not more 5 than $10,245. 6 The bill amends Code section 558.11 to modify recording 7 requirements for instruments affecting real estate. The bill 8 establishes different recording requirements depending on 9 whether an instrument is submitted by a trusted filer or by 10 an individual who is not a trusted filer. For instruments 11 submitted by individuals who are not trusted filers, the 12 bill requires additional acknowledgments before a notarial 13 officer and requires the submission of copies of valid photo 14 identification for the grantor and the grantee. The bill 15 provides that copies of photo identification submitted for the 16 recording of certain instruments affecting real property are 17 confidential records under the state’s open records law. The 18 bill defines “trusted filer” to include attorneys, title agents 19 and title companies, escrow companies providing settlement 20 services, public utilities, governmental entities, and persons 21 acting on behalf of such entities. The bill requires the 22 recorder to notify the county attorney and provide copies of 23 submitted photo identification if an allegation is made that a 24 recorded instrument is fraudulent. 25 The bill requires the clerk of the district court to make 26 available a simplified form for filing a petition to quiet 27 title when a fraudulent attempted conveyance is alleged. 28 If the court finds that a fraudulent attempted conveyance 29 occurred, the bill requires the court to quiet title in the 30 plaintiff and restore the plaintiff to the title and property 31 rights held immediately prior to the attempted conveyance. 32 The bill authorizes such actions to be brought as expedited 33 civil actions and provides that certain procedural requirements 34 under the Iowa rules of civil procedure do not apply to those 35 -5- LSB 6060YC (2) 91 lh/jh 5/ 6

H.F. _____ actions. 1 The bill expands the definition of theft to include conduct 2 involving the fraudulent transfer, attempted transfer, sale, or 3 encumberment of real property or an interest in real property 4 without the effective consent of the owner and with the intent 5 to deprive the owner of the property or interest. The bill 6 also includes theft involving benefit-based transactions 7 related to real property conducted without effective consent 8 and with intent to deprive. Penalties for theft range from a 9 class “C” felony to a simple misdemeanor based upon the value 10 of property involved. 11 The bill creates additional fraudulent practices including 12 intentionally or knowingly making materially false or 13 misleading written statements for the purpose of obtaining 14 real property or an interest in real property, causing another 15 person to execute a document affecting real property without 16 effective consent, and causing a public servant to file or 17 record fraudulent documents purporting to establish title to, 18 or a lien or claim against, real property or an interest in 19 real property. Penalties for fraudulent practices range from a 20 class “C” felony to a simple misdemeanor based upon the amount 21 of money or value of property or services involved. 22 -6- LSB 6060YC (2) 91 lh/jh 6/ 6