House
File
356
-
Reprinted
HOUSE
FILE
356
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
13)
(As
Amended
and
Passed
by
the
House
March
25,
2013
)
A
BILL
FOR
An
Act
relating
to
the
statute
of
limitation
periods
in
1
bringing
suit
and
executing
a
judgment
in
an
action
on
a
2
claim
for
rent.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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356
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H.F.
356
Section
1.
Section
614.1,
subsection
5,
Code
2013,
is
1
amended
to
read
as
follows:
2
5.
Written
contracts
——
judgments
of
courts
not
of
record
——
3
recovery
of
real
property
and
rent
.
4
a.
Those
Except
as
provided
in
paragraph
“b”
,
those
founded
5
on
written
contracts,
or
on
judgments
of
any
courts
except
6
those
provided
for
in
subsection
6
,
and
those
brought
for
the
7
recovery
of
real
property,
within
ten
years.
8
b.
Those
founded
on
claims
for
rent,
within
five
years.
9
Sec.
2.
Section
615.1,
subsection
1,
Code
2013,
is
amended
10
to
read
as
follows:
11
1.
After
the
expiration
of
a
period
of
two
years
from
the
12
date
of
entry
of
judgment,
exclusive
of
any
time
during
which
13
execution
on
the
judgment
was
stayed
pending
a
bankruptcy
14
action
or
order
of
court,
a
judgment
entered
in
any
of
the
15
following
actions
shall
be
null
and
void,
all
liens
shall
be
16
extinguished,
and
no
execution
shall
be
issued
except
as
a
17
setoff
or
counterclaim:
18
a.
(1)
For
a
real
estate
mortgage,
deed
of
trust,
or
real
19
estate
contract
executed
prior
to
July
1,
2009,
an
action
for
20
the
foreclosure
of
the
real
estate
mortgage,
deed
of
trust,
21
or
real
estate
contract
upon
property
which
at
the
time
the
22
foreclosure
is
commenced
is
either
used
for
an
agricultural
23
purpose
as
defined
in
section
535.13
or
as
a
one-family
or
24
two-family
dwelling
which
is
the
residence
of
the
mortgagor.
25
(2)
b.
For
a
real
estate
mortgage,
deed
of
trust,
or
real
26
estate
contract
executed
on
or
after
July
1,
2009,
an
action
27
for
the
foreclosure
of
the
real
estate
mortgage,
deed
of
trust,
28
or
real
estate
contract
upon
property
which
at
the
time
of
29
the
execution
of
the
mortgage,
deed,
or
contract
is
either
30
used
for,
or
is
being
acquired
for,
an
agricultural
purpose
31
as
defined
in
section
535.13
or
as
a
one-family
or
two-family
32
dwelling
which
is
the
residence
of
the
mortgagor.
33
b.
An
action
on
a
claim
for
rent.
34
Sec.
3.
NEW
SECTION
.
615.1A
Execution
on
judgment
——
claim
35
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H.F.
356
for
rent.
1
After
the
expiration
of
a
period
of
ten
years
from
the
2
date
of
entry
of
judgment
in
an
action
on
a
claim
for
rent,
3
exclusive
of
any
time
during
which
execution
on
the
judgment
4
was
stayed
pending
a
bankruptcy
action
or
order
of
court,
5
such
judgment
shall
be
null
and
void,
all
liens
shall
be
6
extinguished,
and
no
execution
shall
be
issued.
7
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