558.1 "Instruments affecting real estate" defined--revocation.
All instruments containing a power to convey, or in any manner relating to real estate, including certified copies of petitions in bankruptcy with or without the schedules appended, of decrees of adjudication in bankruptcy, and of orders approving trustees' bonds in bankruptcy, and a jobs training agreement entered into under chapter 260E or 260F between an employer and community college which contains a description of the real estate affected, shall be held to be instruments affecting the same; and no such instrument, when acknowledged or certified and recorded as in this chapter prescribed, can be revoked as to third parties by any act of the parties by whom it was executed, until the instrument containing such revocation is acknowledged and filed for record in the same office in which the instrument containing such power is recorded, except that uniform commercial code financing statements and financing statement changes need not be thus acknowledged.
558.10 Patents covering land in different counties.
Where the certificate of the secretary of the interior or the patents cover real estate situated in more than one county, the secretary of state shall, upon the application of any railroad company or its grantee, prepare and furnish, to be recorded, a list of all the real estate situated in any one county so granted, patented, or certified; and all such evidences of title shall be entered by the auditor upon the index, transfer, and plat books.
558.11 Record--constructive notice.
The evidence of title shall be filed with the recorder of deeds of the county in which the real estate is situated, who shall record the same, and place an abstract thereof upon the index of deeds. The recording thereof shall be constructive notice to all persons, as provided in other cases of entries upon said index, and the recorder shall receive the same fees therefor as for recording other instruments.
558.12 Transcript of instruments.
A person interested in a parcel of real estate may procure from a county recorder in this state a transcript of any instrument affecting real estate which is of record in that recorder's office. The transcript shall be certified by the recorder.
558.13 Transcript recorded.
A transcript of the record of any instrument affecting real estate, certified as provided in section 558.12, shall be entitled to record in the office of the recorder of any other county in which is situated any of the real estate affected by such instrument. The effect of the recording of transcript shall be the same as the recording of the original instrument.
558.14 Grantor described as "spouse" or "heir"--presumption.
All conveyances or the record title thereof of real estate executed more than ten years earlier, wherein the grantor or grantors described themselves as the surviving spouse, heir at law, heirs at law, surviving spouse and heir at law, or surviving spouse and heirs at law, of some person deceased in whom the record title or ownership of said real estate previously vested, shall be conclusive evidence of the facts so recited as far as they relate to the right of the grantor or grantors to convey, as fully as if the record title of said grantor or grantors had been established by due probate proceedings in the county wherein the real estate is situated.
558.15 Notarial seals of nonresidents--presumption.
Any notarial seal purporting to have been affixed to any instrument in writing, by any notary public residing elsewhere than in this state, shall be prima facie evidence that the words thereon engraved conform to the requirements of the law of the place where such certificate purports to have been made.
558.16 and 558.17
Repealed by 81 Acts, ch 117, § 1097. 558.18 Certification--effect.
When any such records are copied, the officer to whose office the original records belong shall compare the copy so made with the original, and when found correct, shall attach the officer's certificate in each volume or book of such copied records, to the effect that the officer has compared such copies with the original and they are true and correct, and such copied records shall thereupon have the same force and effect in all respects as the original records.
558.19 Forms of conveyance.
The following or other equivalent forms of conveyance, varied to suit circumstances, are sufficient for the purposes herein contemplated: +a 1. FOR A QUITCLAIM DEED @a
For the consideration of . . . . dollars, I hereby quitclaim to . . . . . . . . all my interest in the following tract of real estate (describing it). +a 2. FOR A DEED IN FEE SIMPLE WITHOUT WARRANTY @a
For the consideration of . . . . dollars, I hereby convey to . . . . . . . . the following tract of real estate (describing it). +a 3. FOR A DEED IN FEE WITH WARRANTY @a
The same as the last preceding form, adding the words: "And I warrant the title against all persons whomsoever" (or other words of warranty, as the party may desire). +a 4. FOR A MORTGAGE @a
The same as deed of conveyance, adding the following: "To be void upon condition that I pay," etc.
558.1A Definition.
As used in this chapter, unless the context otherwise requires, "list", "book", "record", or "schedule" kept by a county auditor, assessor, treasurer, recorder, or other county officer means the county system as defined in section 445.1.
558.2 Corporation having seal.
In the execution of any written instrument conveying, encumbering, or affecting real estate by a corporation that has adopted a corporate seal, the seal of such corporation may but need not be attached or affixed to such written instrument.
558.20 Acknowledgments within state.
The acknowledgment of any deed, conveyance, or other instrument in writing by which real estate in this state is conveyed or encumbered, if made within this state, must be before some court having a seal, or some judge or clerk thereof, or some county auditor, or judicial magistrate or district associate judge within the county, or notary public within the state. Each of the officers above named is authorized to take and certify acknowledgments of all written instruments, authorized or required by law to be acknowledged.
558.21 Acknowledgments outside of state.
When made out of the state but within the United States, it shall be before a judge of a court of record, or officer holding the seal thereof, or a commissioner appointed by the governor of this state to take the acknowledgment of deeds, or some notary public, or justice of the peace.
558.22 Certificate of authenticity.
When made out of the state but within the United States and before a judge, or justice of the peace, a certificate, under the official seal of the clerk or other proper certifying officer of a court of record of the county or district, or of the secretary of state of the state or territory within which such acknowledgment was taken, under the seal of the secretary's office, of the official character of said judge, or justice, and of the genuineness of the judge's or justice's signature, shall accompany said certificate of acknowledgment.
558.23 Authorized foreign officials.
The proof or acknowledgment of any deed or other written instrument required to be proved or acknowledged in order to entitle the same to be recorded or read in evidence, when made by any person without this state and within any other state, territory, or district of the United States, may also be made before any officer of such state, territory, or district authorized by the laws thereof to take the proof and acknowledgment of deeds; and when so taken and certified as provided in section 558.24, may be recorded in this state, and read in evidence in the same manner and with like effect as proofs and acknowledgments taken before any of the officers named in section 558.21.
558.24 Certificate of authenticity--evidence and recordation.
To entitle any conveyance or written instrument, acknowledged or proved under section 558.23, to be read in evidence or recorded in this state, there shall be subjoined or attached to the certificate of proof or acknowledgment signed by such officer a certificate of the secretary of state of the state or territory in which such officer resides, under the seal of such state or territory, or a certificate of the clerk of a court of record of such state, territory, or district in the county in which said officer resides or in which the officer took such proof or acknowledgment, under the seal of such court. Such certificate shall comply substantially with section 558.25.
558.25 Form of authentication.
The following form of authentication of the proof or acknowledgment of a deed or other written instrument, when taken without this state and within any other state, territory, or district of the United States, or any form substantially in compliance with the foregoing provisions of this chapter, shall be used:
(Begin with a caption specifying the state, territory, or district, and county or place where the authentication is made.)
I, . . . . . . . . , clerk of the . . . . . . court in and for said county, which court is a court of record, having a seal (or I, . . . . . . . . , secretary of state of such state or territory), do hereby certify that . . . . . . . . , by and before whom the foregoing acknowledgment or proof was taken, was at the time of taking the same . . . . . . . . . . , (Name of office held) residing or authorized to act in said county, and was duly authorized by the laws of said state, territory, or district to take and certify acknowledgments or proofs of deeds of land in said state, territory, or district, and that said conveyance and the acknowledgment thereof are in due form of law; and, further, that I am well acquainted with the handwriting of said . . . . . . . . , and that I verily believe that the signature to said certificate of acknowledgment or proof is genuine. In testimony whereof, I have hereunto set my hand and affixed the seal of the said court or state this . . . . day of . . . . . . , A.D. 19. . . . .
558.26 Acknowledgments by military or naval officers.
In addition to the acknowledgment of instruments in the manner and form and as otherwise authorized by law, any person serving in or with the armed forces of the United States may acknowledge the same wherever located before any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the army or marine corps, or ensign or higher in the navy or United States coast guard. Neither the instrument nor the acknowledgment shall be rendered invalid by the failure to state therein the place of execution or acknowledgment. No authentication of the officer's certificate of acknowledgment shall be required, but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form:
On this the . . . day of . . . . . . , 19. . , before me, . . . . . . , the undersigned commissioned officer, personally appeared . . . . . . , known to me (or satisfactorily proven) to be serving in or with the armed forces of the United States and to be the person whose name is subscribed to the within instrument and acknowledged that . . . . . . that person . . . . executed the same as . . . . voluntary act and deed. . . . . . . . . . Signature of officer. . . . . . . . . . Rank of officer and command to which attached.
Such acknowledgments executed according to the above provisions shall be deemed of the same force and effect as acknowledgments executed before officers authorized to accept acknowledgments.
Any acknowledgments made before March 30, 1943, by any person serving in or with the armed forces of the United States in the manner as prescribed by this section, or substantially so, are hereby legalized and considered sufficient.
558.27 Acknowledgments outside United States.
When the acknowledgment is made without the United States, it may be before any ambassador, minister, secretary of legation, consul, vice consul, charge-d'affaires, consular agent, or any other officer of the United States in a foreign country who is authorized to issue certificates under the seal of the United States.
558.28 Authorized foreign officials.
Said instruments may also be acknowledged or proved without the United States before any officer of a foreign country who is authorized by the laws thereof to certify to the acknowledgments of written documents.
558.29 Certificate of authenticity--foreign officials.
The certificate of acknowledgment by a foreign officer must be authenticated by one of the above-named officers of the United States, whose official written statement that full faith and credit is due to the certificate of such foreign officer shall be deemed sufficient evidence of the qualification of said officer to take acknowledgments and certify thereto, and of the genuineness of that officer's signature, and seal if the officer has any.
558.3 Corporation not having seal.
If the corporation has not adopted a corporate seal, such fact may but need not be stated in such written instrument.
558.30 Certificate of acknowledgment--verification.
The court or officer taking the acknowledgment must endorse upon the deed or instrument a certificate setting forth the following particulars:
1. The title of the court or person before whom the acknowledgment was made.
2. That the person making the acknowledgment was known to the officer taking the acknowledgment to be the identical person whose name is affixed to the deed as grantor, or that such identity was proved by at least one credible witness, naming that witness.
3. That such person acknowledged the execution of the instrument to be that person's voluntary act and deed.
558.31 Proof of execution and delivery in lieu of acknowledgment.
Proof of the due and voluntary execution and delivery of a deed or other instrument may be made before any officer authorized to take acknowledgments, by one competent person other than the vendee or other person to whom the instrument is executed, in the following cases:
1. If the grantor dies before making the acknowledgment.
2. If the grantor's attendance cannot be procured.
3. If, having appeared, the grantor refuses to acknowledge the execution of the instrument.
558.32 Contents of certificate.
The certificate endorsed by the officer upon a deed or other instrument thus proved must state:
1. The title of the officer taking the proof.
2. That it was satisfactorily proved that the grantor was dead, or that for some other reason the grantor's attendance could not be procured in order to make the acknowledgment, or that, having appeared, the grantor refused to acknowledge the same.
3. The name of the witness by whom proof was made, and that it was proved by the witness that the instrument was executed and delivered by the person whose name is thereunto subscribed as a party.
558.33 Subpoenas.
An officer having power to take the proof hereinbefore contemplated may issue the necessary subpoenas, and compel the attendance of witnesses residing within the county, in the manner provided for the taking of depositions.
558.34 Use of seal.
The certificate of proof or acknowledgment may be given under seal or otherwise, according to the mode by which the officer making the same usually authenticates the officer's formal acts.
558.35 Married persons.
The acknowledgment of a married person, when required by law, may be taken in the same form as if the person were sole, and without any examination separate and apart from the person's spouse.
558.36 Attorney in fact.
The execution of any deed, mortgage, or other instrument in writing, executed by any attorney in fact, may be acknowledged by the attorney executing the same.
558.37 Certificate of acknowledgment--attorney in fact.
The person taking the acknowledgment must endorse upon such instrument a certificate, setting forth the following particulars:
1. The title of the person before whom the acknowledgment was taken.
2. That the person making the acknowledgment was known to the officer taking the acknowledgment to be the identical person whose name is subscribed to the instrument as attorney for the grantor therein named, or that such identity was proved to the officer by at least one credible witness, personally known by the officer and therein named.
3. That such person acknowledged said instrument to be the act and deed of the grantor therein named by that person, as such attorney thereunto appointed, voluntarily done and executed.
558.38 Officers of corporation.
If the acknowledgment is made by the officers of a corporation, the certificate shall show that such persons as such officers, naming the office of each person, acknowledged the execution of the instrument as provided in section 558.39.
558.39 Forms of acknowledgment--foreign acknowledgments.
/PRE>
1. In the case of natural persons acting in their own right: State of . . . . . . . ) County of . . . . . . ) ss.
On this . . . day of . . . . . . , A.D. 19. . , before me, . . . . . . . . (Insert title of acknowledging officer), personally appeared . . . . . . . . , to me known to be the person . . . . . . named in and who executed the foregoing instrument, and acknowledged that . . . . . . . . executed the same as . . . . voluntary act and deed. . . . . . . . . . Notary Public in the state of Iowa.
2. In the case of natural persons acting by attorney:
On this . . . day of . . . . . , A.D. 19. . , before me, . . . . . . . . (Insert title of acknowledging officer), personally appeared . . . . . . . , to me known to be the person who executed the foregoing instrument in behalf of . . . . . . . . , and acknowledged that that person executed the same as the voluntary act and deed of said . . . . . . . .
3. In the case of corporations or joint-stock associations:
On this . . . day of . . . . . , A.D. 19. . , before me, a . . . . . . (Insert title of acknowledging officer) in and for said county, personally appeared . . . . . . , to me personally known, who being by me duly (sworn or affirmed) did say that that person is . . . . . . (Insert title of executing officer) of said (corporation or association) and that said instrument was signed on behalf of the said (corporation or association) by authority of its board of (directors or trustees) and the said . . . . . . acknowledged the execution of said instrument to be the voluntary act and deed of said (corporation or association) by it voluntarily executed.
3A. In the case of limited liability companies:
On this . . . day of . . . . . , A.D. 19. . , before me, a . . . . . . (Insert title of acknowledging officer) in and for said county, personally appeared . . . . . . , to me personally known, who being by me duly (sworn or affirmed) did say that that person is . . . . . . (Insert title of executing member) of said (limited liability company) and that said instrument was signed on behalf of the said (limited liability company) by authority of its managers and the said . . . . . . acknowledged the execution of said instrument to be the voluntary act and deed of said (limited liability company) by it voluntarily executed.
4. In the case of partnerships:
On this . . . day of . . . . . . , 19. . , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared . . . . . . . . , to me personally known, who being by me duly sworn, did say that the person is one of the partners of . . . . . . . . , a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed.
5. In the case of an individual fiduciary: On this . . . day of . . . . . . , 19. . , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared . . . . . . . . , to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that the person, as the fiduciary, executed the instrument as the voluntary act and deed of the person and of the fiduciary.
6. In the case of a corporate fiduciary:
On this . . . day of . . . . . . , 19. . , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared . . . . . . and . . . . . . , to me personally known, who, being by me duly sworn, did say that they are the . . . . . . and . . . . . . , respectively, of the corporation executing the foregoing instrument; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; that . . . . . . and . . . . . . acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by them and as the fiduciary voluntarily executed.
7. In the case of a limited partnership with corporate general partner:
On this . . . day of . . . . . . , 19. . , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared . . . . . . , to me personally known, who being by me duly sworn did say that the person is the . . . . . . of . . . . . . , the General Partner of . . . . . . , a . . . . . . limited partnership, executing the foregoing instrument, that the instrument was signed on behalf of the corporation as General Partner of . . . . . . , a . . . . . . limited partnership, by authority of the corporation's Board of Directors; and that . . . . . . as that officer acknowledged execution of the instrument to be the voluntary act and deed of the corporation and limited partnership by it and by the officer voluntarily executed.
8. In the case of a limited partnership with an individual general partner:
On this . . . day of . . . . . . , 19. . , before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared . . . . . . . . , to me personally known, who, being by me duly sworn, did say that the person is (a) (the) General Partner of . . . . . . . . , an Iowa limited partnership, executing the foregoing instrument, that the instrument was signed on behalf of the limited partnership by authority of the limited partnership; and the general partner acknowledged the execution of the instrument to be the voluntary act and deed of the limited partnership, by it and by the general partner voluntarily executed.
9. In the case of joint ventures:
On this . . . day of . . . . . . , 19. . , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared . . . . . . and . . . . . . , to me personally known, who, being by me duly sworn, did say that they are the . . . . . . and . . . . . . , respectively, of . . . . . . , an Iowa corporation, a joint venturer of . . . . . . , a joint venture, executing the foregoing instrument, that the instrument was signed on behalf of the corporation as a joint venturer of . . . . . . , a joint venture, by authority of its Board of Directors; and that . . . . . . and . . . . . . , as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and joint venture, by the corporation and joint venture and by them voluntarily executed.
10. In the case of municipalities:
On this . . . day of . . . . . . , 19. . , before me, . . . . . . , a Notary Public in and for the State of Iowa, personally appeared . . . . . . and . . . . . . , to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of . . . . . . , Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. . . . passed (the Resolution adopted) by the City Council, under Roll Call No. . . . of the City Council on the . . . day of . . . . . . , 19. . , and that . . . . . . and . . . . . . acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
11. In the case of counties:
On this . . . day of . . . . . . , 19. . , before me, . . . . . . , a Notary Public in and for the State of Iowa, personally appeared . . . . . . and . . . . . . , to me personally known, and who, being by me duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor, respectively, of the County of . . . . . . , Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of Supervisors, as contained in Ordinance No. . . . passed (the Resolution adopted) by the Board of Supervisors, under Roll Call No. . . . of the Board of Supervisors on the . . . day of . . . . . . , 19. . , and . . . . . . and . . . . . . acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
12. In the case of natural persons acting as custodian pursuant to chapter 565B or any other Uniform Transfers to Minors Act:
On this . . . day of . . . . . . , 19. . , before me, the undersigned, a Notary Public in and for said State, personally appeared . . . . . . . . , to me known to be the person named in and who executed the foregoing instrument, and acknowledged that the custodian executed the instrument as custodian for . . . . . . . . (name of minor), under the . . . . . . . . (State) Uniform Transfers to Minors Act, as the voluntary act and deed of the person and of the custodian.
13. In the case of corporations or national banking associations acting as custodians pursuant to chapter 565B or any other Uniform Transfers to Minors Act:
On this . . . day of . . . . . . , 19. . , before me, the undersigned, a Notary Public in and for said State, personally appeared . . . . . . and . . . . . . , to me personally known, who, by me duly sworn, did say that they are the . . . . . . and . . . . . . , respectively, of the Corporation executing the foregoing instrument; that the instrument was signed on behalf of the Corporation by authority of its Board of Directors; that . . . . . . and . . . . . . acknowledged the execution of the instrument as custodian of . . . . . . (name of minor), under the . . . . . . (State) Uniform Transfers to Minors Act, to be the voluntary act and deed of the person and of the custodian.
(In all cases add signature and title of the officer taking the acknowledgment, and strike from between the parentheses the word or clause not used, as the case may be.)
Any instrument affecting real estate situated in this state which has been or may be acknowledged or proved in a foreign state or country and in conformity with the laws of that foreign state or country, shall be deemed as good and valid in law as though acknowledged or proved in conformity with the existing laws of this state.
558.4
Repealed by 73 Acts, ch 279, § 1. 558.40 Liability of officer.
Any officer, who knowingly misstates a material fact in either of the certificates mentioned in this chapter, shall be liable for all damages caused thereby, and shall be guilty of a serious misdemeanor.
558.41 Recording.
An instrument affecting real estate is of no validity against subsequent purchasers for a valuable consideration, without notice, or against the state or any of its political subdivisions during and after condemnation proceedings against the real estate, unless the instrument is filed and recorded in the county in which the real estate is located, as provided in this chapter.
An interest in real estate evidenced by an instrument so filed shall have priority over any lien that is given equal precedence with ordinary taxes under chapter 260E or 260F, or its successor provisions, except for a lien under chapter 260E or 260F upon the real estate described in an instrument or job training agreement filed in the office of the recorder of the county in which the real estate is located prior to the filing of a conflicting instrument affecting the real estate, and a subordinate lien under chapter 260E or 260F may be divested or discharged by judicial sale or by other available legal remedy notwithstanding any provision to the contrary contained in chapter 260E or 260F, or its successor provisions. Nothing in this section shall abrogate the collection of, or any lien for, unpaid property taxes which have attached to real estate pursuant to chapter 445, including taxes levied against tangible property that is assessed and taxed as real property pursuant to chapter 427A, or the collection of, or any lien for, unpaid taxes for which notice of lien has been properly recorded pursuant to section 422.26.
A provision contained in a residential real estate installment sales contract which prohibits the recording of the contract, or the recording of a memorandum of the contract, is unenforceable by any party to the contract.
558.42 Acknowledgment as condition precedent.
It shall not be deemed lawfully recorded, unless it has been previously acknowledged or proved in the manner prescribed in this chapter or chapter 9E, except that affidavits, and certified copies of petitions in bankruptcy with or without the schedules appended, of decrees of adjudication in bankruptcy, and of orders approving trustees' bonds in bankruptcy, and Uniform Commercial Code financing statements and financing statement changes need not be thus acknowledged.
558.43 Definitions.
As used in this chapter unless the context otherwise requires:
1. "Nonresident alien" means:
a. An individual who is not a citizen of the United States and who is not domiciled in the United States.
b. A corporation incorporated under the law of any foreign country.
c. A corporation organized in the United States, beneficial ownership of which is held, directly or indirectly, by nonresident alien individuals.
d. A trust organized in the United States or elsewhere if beneficial ownership is held, directly or indirectly, by nonresident alien individuals.
e. A partnership or limited partnership organized in the United States or elsewhere if beneficial ownership is held, directly or indirectly, by nonresident alien individuals.
2. The term "beneficial ownership" includes interests held by a nonresident alien individual directly or indirectly holding or acquiring a ten percent or greater share in the partnership, limited partnership, corporation or trust, or directly or indirectly through two or more such entities. In addition, the term beneficial ownership shall include interests held by all nonresident alien individuals if the nonresident alien individuals in the aggregate directly or indirectly hold or acquire twenty-five percent or more of the partnership, limited partnership, corporation or trust.
3. The term "conveyance" means all deeds and all contracts for the conveyance of an estate in real property except those contracts to be fulfilled within six months from date of execution thereof.
4. "Agricultural land" means agricultural land as defined in section 9H.1.
558.44 Mandatory recordation of conveyances and leases of agricultural land.
Every conveyance or lease of agricultural land, except leases not to exceed five years in duration with renewals, conveyances or leases made by operation of law, and distributions made from estates to heirs or devisees shall be recorded by the grantee or lessee with the county recorder not later than one hundred eighty days after the date of conveyance or lease.
For an instrument of conveyance of agricultural land deposited with an escrow agent, the fact of deposit of that instrument of conveyance with the escrow agent as well as the name and address of the grantor and grantee shall be recorded, by a document executed by the escrow agent, with the county recorder not later than one hundred eighty days from the date of the deposit with the escrow agent. For an instrument of conveyance of agricultural land delivered by an escrow agent, that instrument shall be recorded with the county recorder not later than one hundred eighty days from the date of delivery of the instrument of conveyance by the escrow agent.
At the time of recordation of the conveyance or lease of agricultural land, except a lease not exceeding five years in duration with renewals, conveyances or leases made by operation of law and distributions made from estates of decedents to heirs or devisees, to a nonresident alien as grantee or lessee, such conveyance or lease shall disclose, in an affidavit to be recorded therewith as a precondition to recordation, the name, address, and citizenship of the nonresident alien. In addition, if the nonresident alien is a partnership, limited partnership, corporation or trust, the affidavit shall also disclose the names, addresses, and citizenship of the nonresident alien individuals who are the beneficial owners of such entities. However, any partnership, limited partnership, corporation, or trust which has a class of equity securities registered with the United States securities and exchange commission under section 12 of the Securities Exchange Act of 1934 as amended to January 1, 1978, need only state that fact on the affidavit.
Failure to record a conveyance or lease of agricultural land required to be recorded by this section by the grantee or lessee within the specified time limit is punishable by a fine not to exceed one hundred dollars per day for each day of violation. The county recorder shall record a conveyance or lease of agricultural land presented for recording even though not presented within one hundred eighty days after the date of conveyance or lease. The county recorder shall forward to the county attorney a copy of each such conveyance or lease of agricultural land recorded more than one hundred eighty days from the date of conveyance. The county attorney shall initiate action in the district court to enforce the provisions of this section. Failure to timely record shall not invalidate an otherwise valid conveyance or lease.
If a real estate contract or lease is required to be recorded under this section, the requirement is satisfied by recording either the entire real estate contract or lease or a memorandum of the contract or lease containing at least the names and addresses of all parties named in the contract or lease, a description of all real property and interests therein subject to the contract or lease, the length of the contract or initial term of the lease, and in the case of a lease a statement as to whether any of the named parties have or are subject to renewal rights, and if so, the event or condition upon which renewal occurs, the number of renewal terms and the length of each, and in the case of a real estate contract a statement as to whether the seller is entitled to the remedy of forfeiture and as to the dates upon which payments are due. This unnumbered paragraph is effective July 1, 1980 for all contracts and leases of agricultural land made on or after July 1, 1980.
The provisions of this section except as otherwise provided, are effective July 1, 1979, for all conveyances and leases of agricultural land made on or after July 1, 1979.
558.45 Notation of assignment or release on index.
Where any mortgage, contract, or other instrument constituting an encumbrance upon real estate shall be assigned or released by a separate instrument it shall be the duty of the recorder to make a notation in red ink on the index and cross-index where such instrument was originally indexed, indicating the nature of such assignment or release and the book and page where the same is recorded.
558.46 Mandatory recording of certain residential real estate installment sales contracts.
1. Every real estate installment sales contract transferring an interest in residential property shall be recorded by the contract seller with the county recorder in the county in which the real estate is situated not later than one hundred eighty days from the date the contract was signed by the contract seller and contract purchaser.
2. Failure to record a real estate contract required to be recorded by this section by the contract seller within the specified time limit is punishable by a fine not to exceed one hundred dollars per day for each day of violation. The county recorder shall record a real estate contract presented for recording even though not presented within one hundred eighty days of the signing of the contract. The county recorder shall forward to the county attorney a copy of each real estate contract recorded more than one hundred eighty days from the date the contract was signed by the contract seller and contract purchaser. The county attorney shall initiate action in the district court to enforce the provisions of this section. Fines collected pursuant to this subsection shall be deposited in the general fund of the county.
3. Failure to timely record shall not invalidate an otherwise valid real estate contract. However, a contract seller is prohibited from initiating forfeiture proceedings on the basis of a failure to comply with the terms of a real estate contract, if the contract has not been recorded.
4. If a real estate contract is required to be recorded under this section, the requirement is satisfied by recording either the entire real estate contract or a memorandum of the contract containing at least the names and addresses of all parties named in the contract, a description of all real property and interests in the real property subject to the contract, the length of the contract, and a statement as to whether the seller is entitled to the remedy of forfeiture and as to the dates upon which payments are due.
5. For the purposes of this section, "residential property" includes commercial property consisting of three or more separate living quarters with at least seventy-five percent of the space used for residential purposes.
6. This section applies to residential real estate installment sales contracts entered into before, on, or after July 1, 1998. However, such contracts entered into before July 1, 1998, shall not be subject to the fine in subsection 2.
558.47 When assignment void.
Repealed by 86 Acts, ch 1079, § 7. 558.48
Reserved. 558.49 Index books.
The recorder must keep index books, the pages of which are so divided as to show in parallel columns:
1. Each grantor.
2. Each grantee.
3. The time when the instrument was filed.
4. The date of the instrument.
5. The nature of the instrument.
6. The book and page where the record thereof may be found.
7. The description of the real estate conveyed.
558.5 Contract for deed--presumption of abandonment.
When the record shows that a contract or bond for a deed has been executed more than ten years earlier, and the record discloses no performance of the same and that more than ten years have elapsed since the contract by its terms was to be performed, the contract shall be deemed abandoned and of no effect and the land shall be freed from any lien or defect on account of the contract.
On and after July 1, 1992, this section shall apply to a contract or bond described in this section, if the contract or bond is not filed of record but referred to in another instrument which is filed of record. The contract or bond shall be deemed abandoned ten years from the date that the contract or bond is to be performed according to the recorded instrument. However, if the recorded instrument does not refer to a performance date for the contract or bond, the contract or bond shall be deemed abandoned ten years after the date that the instrument containing the reference is recorded.
558.50 Index for affidavits.
In case of affidavits each and every affidavit filed for record shall be indexed in appropriately ruled columns as follows:
Concerning Land in Affidavit Concerning of Whom Lot Blk. Addition City Sec. Twp. Rng. Remarks
Date of Filing Date of Instrument Where Recorded
Affiant Month Day Year Hour Month Day Year Book Page A.M. P.M.
558.51 Separate indexes required.
Separate index books shall be kept for mortgages and satisfactions or releases of same, one for those containing descriptions of lots, and one for those containing land; and separate books for other conveyances of real estate, one for lots, and one for lands; and an index book shall be kept for powers of attorney, affidavits, and certified copies of petitions in bankruptcy with or without the schedules appended, of decrees of adjudication in bankruptcy, and of orders approving trustees' bonds in bankruptcy; all of above indexes to be arranged alphabetically as provided in section 558.52.
558.52 Alphabetical arrangement.
The entries in such book shall show the names of the respective grantors and grantees, arranged in alphabetical order. When such instrument is executed by a personal representative, guardian, referee, commissioner, receiver, sheriff, or other person acting in a representative capacity, the recorder shall enter upon the index book the name and representative capacity of each person executing the instrument and the owner of the property if disclosed therein.
558.53 City lot deeds and mortgages.
The recorder shall index and record all deeds, mortgages, and other instruments affecting lots in cities or villages, the plats whereof are recorded, in separate books from those in which other conveyances of real estate are recorded.
558.54 Deeds covering both lands and lots.
Where any instrument contains a description of land or lots in cities or villages, the plats whereof are recorded, and other land, the recorder shall record such instrument in but one record and charge but one fee, but shall index in both land and city lot indexes.
558.55 Filing and indexing--constructive notice.
The recorder must endorse upon every instrument properly filed for record in the recorder's office, the day, hour, and minute of such filing, and forthwith enter in the index book the entries required to be made therein, except the book and page where the complete record will appear, and such filing and indexing shall constitute constructive notice to all persons of the rights of the grantees conferred by such instruments.
558.56
Repealed by 70 Acts, ch 1169, § 6. 558.57 Entry on auditor's transfer books.
The recorder shall not record any deed or other instrument unconditionally conveying real estate until the proper entries have been made upon the transfer books in the auditor's office, and endorsement made upon the deed or other instrument properly dated and officially signed, in substantially the following form:
Entered upon transfer books and for taxation this . . . day of . . . . . , 19. . . My fee $. . . . collected by recorder. . . . . . . . . . Auditor.
558.58 Recorder to collect and deliver to auditor.
1. At the time of filing a deed or other instrument mentioned in section 558.57, the recorder shall collect from the person filing the deed or instrument the recording fee provided by law and the auditor's transfer fee, except as provided in subsection 2. The recorder shall deliver the deed or instrument to the county auditor, after endorsing upon the instrument the following:
Filed for record, indexed, and delivered to the county auditor this . . . day of . . . . . . , 19. . , at . . . . o'clock . . M. Recorder's and auditor's fee $. . . . paid. . . . . . . . . . Recorder.
2. When the person required to pay a fee relating to a real estate transaction is a governmental subdivision or agency, the recorder, at the request of the governmental subdivision or agency, shall bill the governmental subdivision or agency for the fees required to be paid. The governmental subdivision or agency shall pay the fees and taxes due within thirty days after the date of filing.
558.59 Final record.
Every such instrument shall be recorded, as soon as practicable, in a suitable book to be kept by the recorder for that purpose; after which the recorder shall complete the entries aforesaid so as to show the book and page where the record is to be found.
558.6 Given names--variation--effect.
When there is a difference between the given names or initials in which title is taken, and the given names or initials of the grantor in a succeeding conveyance, and the surnames in both instances are written the same or sound the same, the conveyances or the record of them is presumptive evidence that the surname in the several conveyances and instruments refers to the same person.
558.60 Transfer and index books.
The county auditor shall keep in the county auditor's office books for the transfer of real estate, which shall consist of a transfer book, index book, and plat book.
558.61 Form of transfer book.
Said transfer book shall be ruled and headed substantially after the following form; and entries therein shall be in numerical order, beginning with section one: Section No. . . , Township . . , Range . . +a
Date of Page of Grantee Grantor Instrument Description Plats
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
@a
558.62 Form of index book.
Said index book shall be ruled and headed substantially after the following form: +a
NAMES OF GRANTEES PAGES OF TRANSFER BOOK
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
@a
558.63 Book of plats--how kept.
The auditor shall keep the book of plats so as to show the number of lot and block, or township and range, divided into sections and subdivisions as occasion may require, and shall designate thereon each piece of real estate, and mark in pencil the name of the owner thereon, in a legible manner; which plats shall be lettered or numbered so that they may be conveniently referred to by the memoranda of the transfer book, and shall be drawn on the scale of not less than four inches to the mile.
558.64 Entries of transfers.
When a deed of unconditional conveyance of real estate or transcript of decree in a partition proceeding is presented, the auditor shall enter in the index book, in alphabetical order, the name of the grantee, and opposite thereto the number of the page of the transfer book on which such transfer is made; and upon the transfer book the auditor shall enter in the proper columns the name of the grantee, the grantor, date, and character of the instrument, the description of the real estate, and the number or letter of the plat on which the same is marked.
558.65 Council's approval of certain plats.
No conveyances or plats of additions to any city or subdivision of any lands lying within or adjacent to any city in which streets and alleys and other public grounds are sought to be dedicated to public use, or other conveyances in which streets and alleys are sought to be conveyed to such city, shall be so entered, unless such conveyances, plats, or other instruments have endorsed thereon the approval of the council of such city, the certificates of such approval to be made by the city clerk.
558.66 Title decree--entry on transfer books.
Upon receipt of a certificate from the clerk of the district court or an appellate court that the title to real estate has been finally established in any named person by judgment or decree or by will or by affidavit of or on behalf of a surviving spouse that has been recorded by the recorder, the auditor shall enter the information in the certificate upon the transfer books, upon payment of a fee in the amount specified in section 331.507, subsection 2, paragraph "a". In the case of a certificate from the clerk of the district court or an appellate court, the fee shall be taxed as court costs, collected by the clerk, and paid to the treasurer as provided in section 331.902, subsection 3. In the case of the affidavit filed with the recorder, the fee set forth in section 331.507, subsection 2, paragraph "a", and the fee set forth in section 331.604, shall be collected by the recorder and paid to the treasurer as provided in section 331.902, subsection 3.
An affidavit of or on behalf of a surviving spouse may be recorded with the county recorder only when real estate owned by a decedent, who died on or after January 1, 1988, was held in joint tenancy with right of survivorship solely with the surviving spouse and shall be in the following form: AFFIDAVIT OF SURVIVING SPOUSE FOR CHANGE OF TITLE TO REAL ESTATE STATE OF IOWA ) ) ss: COUNTY OF . . . . . . )
I, . . . . . . , being first duly sworn on oath, depose and state as follows:
1. I am [. . . . . . is] the surviving spouse of . . . . . . , who died on the . . day of . . . . . . , 19. . .
2. The following described real estate was owned only by . . . . . . and this Affiant, [or . . . . . . ] as joint tenants with full rights of survivorship at the time of [. . . . . . 's] death: . . . . . . . . . . . . . . . . . .
3. I hereby request that the auditor enter this information on the transfer books pursuant to section 558.66 of the Iowa Code. . . . . . . . . .
Subscribed and sworn to before me this . . . . day of . . . . . . , 19. . . . . . . . . . . . Notary Public in and for the State of Iowa
558.67 Correction of books and instruments.
The auditor from time to time shall correct any error appearing in the transfer books, and shall notify the grantee of any error in description discovered in any instrument filed for transfer, and permit the same to be corrected by the parties before completing such transfer.
558.68 Perpetuities.
1. A nonvested interest in property is not valid unless it must vest, if at all, within twenty-one years after one or more lives in being at the creation of the interest and any relevant period of gestation.
2. a. In determining whether a nonvested interest would violate the rule against perpetuities in subsection 1, the period of the rule shall be measured by actual events rather than by possible events, in any case in which that would validate the interest. For this purpose, if an examination of the facts in existence at the time the period of the rule begins to run reveals a life or lives in being within twenty-one years after whose deaths the nonvested interest will necessarily vest, if it ever vests, that life or lives are the measuring lives for purposes of the rule against perpetuities with respect to that nonvested interest and that nonvested interest is valid under the rule.
b. If no such life or lives can be ascertained at the time the period of the rule begins to run, the measuring lives for purposes of the rule are all of the following:
(1) The creator of the nonvested interest, if the period of the rule begins to run in the creator's lifetime.
(2) Those persons alive when the period begins to run, if reasonable in number, who have been selected by the creator of the interest to measure the validity of the nonvested interest or, if none, those persons, if reasonable in number, who have a beneficial interest whether vested or nonvested in the property in which the nonvested interest exists, the grandparents of all such beneficiaries and the issue of such grandparents alive when the period of the rule begins to run, and those persons who are the potential appointees of a special power of appointment exercisable over the property in which the nonvested interests exist who are the grandparents or issue of the grandparents of the donee of the power and alive when the period of the rule begins to run.
(3) Those other persons alive when the period of the rule begins to run, if reasonable in number, who are specifically mentioned in describing the beneficiaries of the property in which the nonvested interest exists.
(4) The donee of a general or special power of appointment if the donee is alive when the period of the rule begins to run and if the exercise of that power could affect the nonvested interest.
3. A nonvested interest that would violate the rule against perpetuities whether its period is measured by actual or by possible events shall be judicially reformed to most closely approximate the intention of the creator of the interest in order that the nonvested interest will vest, even though it may not become possessory, within the period of the rule.
4. This section is applicable to all nonvested interests created on, before, or after July 1, 1983.
558.69 Reporting of private burial sites, wells, disposal sites, underground storage tanks, and hazardous waste--liability.
With each declaration of value submitted to the county recorder under chapter 428A, there shall also be submitted a statement regarding whether any known private burial site is situated on the property, and if a known private burial site is situated on the property, the statement shall state the approximate location of the site. The statement shall also state that no known wells are situated on the property, or if known wells are situated on the property, the statement must state the approximate location of each known well and its status with respect to section 159.29 or 455B.190. The statement shall also state that no known disposal site for solid waste, as defined in section 455B.301, which has been deemed to be potentially hazardous by the department of natural resources, exists on the property, or if such a known disposal site does exist, the location of the site on the property. The statement shall additionally state that no known underground storage tank, as defined in section 455B.471, subsection 11, exists on the property, or if a known underground storage tank does exist, the type and size of the tank, and any known substance in the tank. The statement shall also state that no known hazardous waste as defined in section 455B.411, subsection 3, or listed by the department pursuant to section 455B.412, subsection 2, or section 455B.464, exists on the property, or if known hazardous waste does exist, that the waste is being managed in accordance with rules adopted by the department of natural resources. The statement shall be signed by at least one of the sellers or their agents. The county recorder shall refuse to record any deed, instrument, or writing for which a declaration of value is required under chapter 428A unless the statement required by this section has been submitted to the county recorder. A buyer of property shall be provided with a copy of the statement submitted, and, following the fulfillment of this provision, if the statement submitted reveals no private burial site, well, disposal site, underground storage tank, or hazardous waste on the property, the county recorder may destroy the statement. The land application of sludges or soils resulting from the remediation of underground storage tank releases accomplished in compliance with department of natural resources rules without a permit is not required to be reported as the disposal of solid waste or hazardous waste.
If a declaration of value is not required, the above information shall be submitted on a separate form. The director of the department of natural resources shall prescribe the form of the statement and the separate form to be supplied by each county recorder in the state. The county recorder shall transmit the statements to the department of natural resources at times directed by the director of the department.
The owner of the property is responsible for the accuracy of the information submitted on the form. The owner's agent shall not be liable for the accuracy of information provided by the owner of the property. The provisions of this paragraph do not limit liability which may be imposed under a contract or under any other law.
558.7 Assignment of certificate of entry deemed deed.
When the record shows:
1. That the original entry, certificate of entry, receipt, or duplicate thereof has been assigned;
2. That prior or subsequent to such assignment, the United States or state issued a patent or conveyance to the assignor;
3. That no deed of conveyance appears on record from the person who made the original entry or assignor to the assignee; and
4. That the present record owner holds title under such assignment; such assignment shall have the same force and effect as a deed of conveyance and shall be conclusively presumed to carry all right, title, and interest of the patentee of said real estate, the same as though a deed of conveyance had been subsequently executed by the patentee or assignor to a subsequent grantor.
558.8 Affidavits explanatory of title--presumption.
Affidavits explaining any defect in the chain of title to any real estate may be recorded as instruments affecting the same, but no one except the owner in possession of such real estate shall have the right to file such affidavit. Such affidavit or the record thereof, including all such affidavits now of record, shall raise a presumption from the date of recording that the purported facts stated therein are true; after the lapse of three years from the date of such recording, such presumption shall be conclusive.
558.9 Railroad land grants--duty to record.
Every railroad company which owns or claims real estate in this state, granted by the government of the United States or this state to aid in the construction of its railroad, where it has not already done so, shall place on file and cause to be recorded, in each county wherein the real estate granted is situated, evidence of its title or claim of title, whether the same consists of patents from the United States, certificates from the secretary of the interior, or governor of this state, or the proper land office of the United States or this state. Where no patent was issued, reference shall be made in said certificate to the Acts of Congress, and the acts of the legislature of this state, granting such lands, giving the date thereof, and date of their approval under which claim of title is made.
|
