| LAWS OF THE 2001 REGULAR SESSION OF THE SEVENTY-NINTH GENERAL ASSEMBLY OF THE STATE OF IOWA |
Section 1. Section 6B.35, subsection 5, Code 2001, is amended to read as follows:
5. A written statement by the sheriff of all money received in payment of damages, from whom received,
to whom paid, and the amount paid to each claimant and reference to the application for condemnation by
book and page
document
reference or instrument number and the date the application was filed with the
county recorder.
Sec. 2. Section 22.3, Code 2001, is amended to read as follows:
22.3 SUPERVISION.
Such examination and copying shall be done under the supervision of the lawful
custodian of the records or the custodian's authorized
deputy
designee. The lawful custodian
may adopt and enforce reasonable rules regarding
such
the work and the protection of the
records against damage or disorganization. The lawful custodian shall provide a suitable place
for such
the work, but if it is impracticable to do
such
the work in the office of the
lawful custodian, the person desiring to examine or copy shall pay any necessary expenses
of providing a place for such
the work. All expenses of
such
the work shall be paid by
the person desiring to examine or copy. The lawful custodian may charge a reasonable fee
for the services of the lawful custodian or the custodian's authorized
deputy
designee in supervising the records during
such
the work. If copy equipment is available at the office of
the lawful custodian of any public records, the lawful custodian shall provide any person
a reasonable number of copies of any public record in the custody of the office upon
the payment of a fee. The fee for the copying service as determined by the lawful custodian
shall not exceed the cost of providing the service.
Sec. 3. Section 96.14, subsection 3, unnumbered paragraphs 3 and 4, Code 2001, are amended to read as follows:
The county recorder of each county shall prepare and keep in the recorder's office
a book to be known as "index of unemployment contribution liens", so ruled
as
an index to show in appropriate
columns
the following data, under the names of employers, arranged
alphabetically:
The recorder shall endorse on each notice of lien the day, hour, and minute when
received and shall forthwith
index
said
the notice in
said
the index
book
and shall
forthwith
record
said
the lien in the manner provided for recording real estate mortgages, and the
said
lien shall be effective from the time of the indexing
thereof
of the lien.
Sec. 4. Section 331.602, subsection 1, paragraph d, Code 2001, is amended to read as follows:
d. An instrument conveying an interest in real property, other than a mortgage, a mortgage release, or
an assignment, shall contain the statement "Address tax statement:" which shall be filled out with
a
the name of the
taxpayer and a complete mailing address. Each instrument conveying an interest in real property shall
contain this statement unless otherwise authorized by the county recorder.
Sec. 5. Section 331.602, subsections 2 and 23, Code 2001, are amended to read as follows:
2. Rerecord an instrument without fee upon presentation of the original instrument by the owner if an
error is made in recording the instrument. The recorder shall also note
in the margin of
on the new record a
reference to the original record and in the margin
of
on the original record a reference to the
book and page of the
new record.
23. Forward to the director of revenue and finance a
certified
copy of any deed, bill of sale or other
transfer which shows that it is made or intended to take effect at or after the death of the person executing the
instrument as provided in section 450.81.
Sec. 6. Section 331.603, subsection 3, Code 2001, is amended to read as follows:
3. The recorder may reproduce in miniature on a durable medium any instrument to be recorded. When
a recorded instrument involves a release or assignment, the separate instrument filed acknowledging the
release or assignment shall be reproduced in
miniature
. In lieu of marginal entries, the recorder shall make
endorsements in red ink
notations on both the index and the
cross-index to the miniature instruments where
the instruments were originally indexed
record of the original instrument. When an official record is produced
in miniature, a security copy shall be reproduced at the same time and kept outside of the courthouse.
Sec. 7. Section 331.605A, unnumbered paragraph 1, Code 2001, is amended to read as follows:
The recorder shall also collect a fee of one dollar for each recorded transaction for which a fee is paid pursuant to section 331.604 to be used exclusively for the purpose of preserving and maintaining public records. The treasurer, on behalf of the recorder, shall establish and maintain an interest-bearing account into which all moneys collected pursuant to this section shall be deposited. The recorder shall use the moneys deposited in the account to produce and maintain public records that meet archival standards, and to enhance the technological storage, retrieval, and transmission capabilities related to archival quality records. The recorder may cooperate with other entities, boards, and agencies to establish methods of records management, and participate in other joint ventures which further the purposes of this paragraph.
Sec. 8. Section 331.606, subsection 2, Code 2001, is amended to read as follows:
2. The recorder shall also note in the index
book
the exact time of the filing of each instrument.
Sec. 9. Section 331.607, subsections 1, 7, 8, 9, and 11, Code 2001, are amended to read as follows:
1. A record book
for military discharges as provided in section 331.608.
7. Index and record books
records for instruments affecting real estate as provided under chapter 558.
8. Homestead and index books
An index and record of homesteads as provided in section 561.4.
9. A claimant's book in
which
index and record for the notices of title interests in land
are indexed
as provided in section 614.35.
11. Other books
indexes and records as provided by law.
Sec. 10. Section 331.608, subsection 1, Code 2001, is amended to read as follows:
1. The recorder shall maintain a special
book
record in which, upon request, the discharge of a veteran
shall be recorded without charge. The discharge book shall be a uniform type, kind, and form approved by
the commission of veterans affairs.
Sec. 11. Section 331.609, subsection 3, paragraph c, Code 2001, is amended to read as follows:
c. If a refiled notice of federal lien referred to in paragraph "a" or any of the certificates or notices referred
to in paragraph "b" is presented for recording with a recorder, the recorder shall
permanently attach the refiled notice or the certificate to the original notice of lien and
shall
enter the refiled notice or the certificate with
the date of recording in an alphabetical index and make a notation on the original record of a reference to the
refiled notice or certificate.
Sec. 12. Section 354.1, subsection 3, Code 2001, is amended to read as follows:
3. To provide for statewide, uniform procedures and standards for the platting of land while allowing the widest possible latitude for cities and counties to establish and enforce ordinances regulating the division and use of land, within the scope of, but not limited to, chapters 331, 335, 364, 414, and this chapter. All documents presented for recording pursuant to this chapter shall comply with section 331.602, subsection 1.
Sec. 13. Section 354.5, subsection 1, paragraph b, Code 2001, is amended to read as follows:
b. The book and page
document
reference number of the recorded plat of survey.
Sec. 14. Section 354.5, subsection 2, paragraph b, Code 2001, is amended to read as follows:
b. The book and page
document
reference number of the recorded acquisition plat.
Sec. 15. Section 354.24, Code 2001, is amended to read as follows:
354.24 ERRORS ON RECORDED PLATS.
If an error or omission in the data shown on a recorded plat is detected by
subsequent examinations or revealed by retracing the lines shown on the plat, the original surveyor
or two surveyors confirming the error through independent surveys shall record an
affidavit confirming that the error or omission was made. The affidavit shall describe the nature
and extent of the error or omission and also describe the corrections or additions to be made
to the plat and note the book and
page
a document reference number of the recorded plat.
The recorder shall write across that
part
note on the record of the plat
so corrected
the word "corrected", and note the
book and page
document
reference number of the recorded affidavit. A copy of the recorded affidavit shall be filed with the auditor and assessor. The
affidavit shall raise a presumption from the date of recording that the purported facts stated in
the affidavit are true, and after the lapse of three years from the date of recording the
presumption shall be conclusive.
Sec. 16. Section 354.26, Code 2001, is amended to read as follows:
354.26 CORRECTIONS OR CHANGES TO PLATS.
A vacation, correction, or replatting as provided for in this chapter, shall be recorded
and an exact copy shall be filed with the auditor and assessor. If a governing body changes
the addresses or street names shown on an official plat, notice of the change shall note
the name or other designation of each official plat affected and shall be filed with the
recorder, auditor, and assessor. The recorder shall note the vacation, correction, or replatting on the margin index and
record of the official plat or upon an attachment to the official plat for
that purpose. The auditor shall make the proper changes on the plats required to be kept by
the auditor.
Sec. 17. Section 380.11, Code 2001, is amended to read as follows:
380.11 CERTAIN MEASURES RECORDED.
Immediately after the effective date of a measure establishing any zoning district,
building lines or fire limits, the city clerk shall certify the measure and a plat showing the
district, lines or limits, to the recorder of any county which contains part of the city. The
county recorder shall index and record the measure and plat
in the miscellaneous record or other book provided for special records, and shall index the
record. The city shall pay the recording fee.
Sec. 18. Section 422.26, unnumbered paragraphs 4 and 5, Code 2001, are amended to read as follows:
The county recorder of each county shall
prepare and
keep in the recorder's office
a book to be known as "index of income tax liens", so ruled
as
an index and record to show
in appropriate columns
the following data, under the names of taxpayers, arranged alphabetically:
The recorder shall endorse on each notice of lien the day, hour, and minute when received and preserve
the same, and shall forthwith
index
said
the notice in
said
the index
book
and shall
forthwith
record
said
the lien in the manner provided for recording real estate mortgages, and the
said
lien shall be effective from the time of
the indexing thereof
of the
lien.
Sec. 19. Section 428A.5, Code 2001, is amended to read as follows:
428A.5 EVIDENCE OF PAYMENT.
The amount of tax imposed by this chapter shall be paid to the county recorder in
the county where the real property is located and the amount received and the initials of
the county recorder shall appear on the face of the document or instrument.
The department of revenue and finance shall provide each county recorder with a device to be used by
the recorder to evidence this information on the document or
instrument.
The method of documentation of a transfer tax shall be approved by the department of revenue and finance.
Sec. 20. Section 437A.11, unnumbered paragraph 2, Code 2001, is amended to read as follows:
The county recorder of each county shall prepare and keep in the recorder's office
a book to be known as the index of replacement tax liens, so ruled
as
an index and record to show
in appropriate columns
under the
names of taxpayers arranged alphabetically, all of the following:
Sec. 21. Section 437A.22, unnumbered paragraph 3, Code 2001, is amended to read as follows:
The county recorder of each county shall prepare and keep in the recorder's office
a book to be known as the index of statewide property tax liens, so ruled
as
an index and record to show
in appropriate columns
under
the names of taxpayers arranged alphabetically, all of the following:
Sec. 22. Section 558.45, Code 2001, is amended to read as follows:
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
the instrument was originally indexed, indicating the nature of such assignment or release and
the book and page
a document reference number of the
record where the same is recorded.
Sec. 23. Section 558.49, unnumbered paragraph 1, Code 2001, is amended to read as follows:
The recorder must keep index books, the pages of which are so divided
as
records to show in parallel
columns
the following:
Sec. 24. Section 558.49, subsection 6, Code 2001, is amended to read as follows:
6. The book and page
document reference
number where the record
thereof
of the
instrument may be found.
Sec. 25. Section 558.52, Code 2001, is amended to read as follows:
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
the 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
in the
instrument.
Sec. 26. Section 558.55, Code 2001, is amended to read as follows:
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
the filing, and
forthwith
enter in the index
book
the entries required to be
made therein
entered, except the
book and page
document
reference number where the complete record will appear, and
such
the filing and indexing
shall constitute constructive notice to all persons of the rights of the grantees conferred by
such
the instruments.
Sec. 27. Section 558.59, Code 2001, is amended to read as follows:
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
document reference
number where the record is to be found.
Sec. 28. Section 566.35, subsection 2, Code 2001, is amended by striking the subsection.
Sec. 29. Section 639.53, Code 2001, is amended to read as follows:
639.53 DESCRIPTION OF REAL ESTATE.
Where real property is attached, the sheriff shall describe it with certainty to identify
it, and, where the sheriff can do so, by a reference to the
book and page
document
reference number where the deed under which the defendant holds is recorded.
Sec. 30. Section 655A.3, subsection 1, paragraph a, Code 2001, is amended to read as follows:
a. Reasonably identify by a document reference number the mortgage and accurately describe the real estate covered.
Sec. 31. Section 655A.6, Code 2001, is amended to read as follows:
655A.6 REJECTION OF NOTICE.
If either the mortgagor, or successor in interest of record including a contract purchaser, within thirty days of service of the notice pursuant to section 655A.3, files with the recorder of the county where the mortgaged property is located, a rejection of the notice reasonably identifying by a document reference number the notice which is rejected together with proofs of service required under section 655A.4 that the rejection has been served on the mortgagee, the notice served upon the mortgagor pursuant to section 655A.3 is of no force or effect.
Sec. 32. Section 656.2, subsection 1, paragraph a, Code 2001, is amended to read as follows:
a. Reasonably identify the contract by a document reference number and accurately describe the real estate covered.
Sec. 33. Sections 558.50, 558.51, 558.53, and 558.54, Code 2001, are repealed.
Approved April 18, 2001
Updated: 25-Oct-2001 03:18 PM
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