HF 356 (LSB 1371HV (2) 85)

HOUSE FILE 356

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 13)

(As Amended and Passed by the House 2013-03-25)

A BILL FOR

An Act relating to the statute of limitation periods in bringing suit and executing a judgment in an action on a claim for rent.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 614.1, subsection 5, Code 2013, is amended to read as follows:
   5.  Written contracts —— judgments of courts not of record —— recovery of real property
 
and rent.
   a.  Those
 
Except as provided in paragraph “b”, those founded on written contracts, or on judgments of any courts except those provided for in subsection 6, and those brought for the recovery of real property, within ten years.
   b.  Those founded on claims for rent, within five years.
    Sec. 2.  Section 615.1, subsection 1, Code 2013, is amended to read as follows:
   1.  After the expiration of a period of two years from the date of entry of judgment, exclusive of any time during which execution on the judgment was stayed pending a bankruptcy action or order of court, a judgment entered in any of the following actions shall be null and void, all liens shall be extinguished, and no execution shall be issued except as a setoff or counterclaim:
   a.
  (1)  For a real estate mortgage, deed of trust, or real estate contract executed prior to July 1, 2009, an action for the foreclosure of the real estate mortgage, deed of trust, or real estate contract upon property which at the time the foreclosure is commenced is either used for an agricultural purpose as defined in section 535.13 or as a one-family or two-family dwelling which is the residence of the mortgagor.
   (2)

b.  For a real estate mortgage, deed of trust, or real estate contract executed on or after July 1, 2009, an action for the foreclosure of the real estate mortgage, deed of trust, or real estate contract upon property which at the time of the execution of the mortgage, deed, or contract is either used for, or is being acquired for, an agricultural purpose as defined in section 535.13 or as a one-family or two-family dwelling which is the residence of the mortgagor.
   b.  An action on a claim for rent.
    Sec. 3.  NEW SECTION.  615.1A  Execution on judgment —— claim for rent.
   After the expiration of a period of ten years from the date of entry of judgment in an action on a claim for rent, exclusive of any time during which execution on the judgment was stayed pending a bankruptcy action or order of court, such judgment shall be null and void, all liens shall be extinguished, and no execution shall be issued.