Bill Text: IA SSB3012 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to redemption by certain persons of parcels sold at tax sale.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-01-29 - Subcommittee recommends passage. [SSB3012 Detail]
Download: Iowa-2017-SSB3012-Introduced.html
Senate
Study
Bill
3012
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
redemption
by
certain
persons
of
parcels
1
sold
at
tax
sale.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5207XC
(2)
87
asf/rj
S.F.
_____
Section
1.
Section
445.1,
Code
2018,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
3A.
“Legal
representative”
means
a
parent,
3
guardian,
or
conservator
of
a
person
with
a
legal
disability,
a
4
person
appointed
by
a
court
to
act
on
behalf
of
a
person
with
a
5
legal
disability,
or
a
person
acting
on
behalf
of
a
person
with
6
a
legal
disability
pursuant
to
a
power
of
attorney.
7
NEW
SUBSECTION
.
4A.
“Person
with
a
legal
disability”
means
8
a
minor
or
a
person
of
unsound
mind.
9
Sec.
2.
Section
447.7,
Code
2018,
is
amended
by
striking
the
10
section
and
inserting
in
lieu
thereof
the
following:
11
447.7
Redemption
by
minors
and
persons
of
unsound
mind.
12
1.
If
a
parcel
of
a
person
with
a
legal
disability
is
sold
13
at
tax
sale
and
the
county
treasurer
has
not
delivered
the
14
treasurer’s
deed,
a
legal
representative
of
the
person
with
the
15
legal
disability
may
redeem
the
parcel
under
sections
447.1
and
16
447.3.
17
2.
a.
If
a
parcel
of
a
person
with
a
legal
disability
is
18
sold
at
tax
sale
and
the
county
treasurer
has
delivered
the
19
treasurer’s
deed,
the
person
with
the
legal
disability
or
the
20
person’s
legal
representative
may
redeem
the
parcel
at
any
21
time
prior
to
one
year
after
the
legal
disability
is
removed
22
by
bringing
an
equitable
action
for
redemption
in
the
district
23
court
of
the
county
where
the
parcel
is
located,
unless
the
24
action
is
required
to
be
brought
sooner
in
time
by
operation
of
25
subsection
3
or
4.
26
b.
To
establish
the
right
to
redeem,
the
person
maintaining
27
the
action
shall
prove
to
the
court
that
the
owner
of
the
28
parcel
is
a
person
with
a
legal
disability
entitled
to
redeem
29
prior
to
the
delivery
of
the
treasurer’s
deed.
If
the
legal
30
disability
has
been
removed,
the
person
maintaining
the
action
31
shall
establish
the
date
the
disability
was
removed
and
explain
32
the
manner
by
which
the
legal
disability
was
removed.
33
c.
The
person
maintaining
the
action
shall
name
as
34
defendants
all
persons
claiming
an
interest
in
the
parcel
35
-1-
LSB
5207XC
(2)
87
asf/rj
1/
7
S.F.
_____
derived
from
the
tax
sale,
as
shown
by
the
record.
1
d.
If
the
court
determines
that
the
person
maintaining
the
2
action
or
the
person’s
legal
representative
is
entitled
to
3
redeem
by
virtue
of
legal
disability
or
prior
legal
disability,
4
the
court
shall
so
order.
The
order
shall
determine
the
5
rights,
claims,
and
interests
of
all
parties,
including
liens
6
for
taxes
and
claims
for
improvements
made
on
or
to
the
parcel
7
by
the
person
claiming
under
the
tax
title.
The
order
shall
8
establish
the
amount
necessary
to
effect
redemption.
The
9
redemption
amount
shall
include
the
amount
for
redemption
10
computed
in
accordance
with
section
447.1
or
447.3,
whichever
11
is
applicable,
including
interest
computed
up
to
and
including
12
the
date
of
payment
of
the
total
redemption
amount
to
the
clerk
13
of
court
and
the
amount
of
all
costs
added
to
the
redemption
14
amount
in
accordance
with
section
447.13.
In
addition,
if
15
the
person
claiming
under
the
tax
title
is
determined
by
the
16
court
to
have
made
improvements
on
or
to
the
parcel
after
the
17
treasurer’s
deed
was
issued,
the
court
shall
enter
judgment
in
18
favor
of
the
person
claiming
under
the
tax
title
for
an
amount
19
equal
to
the
value
of
all
such
improvements,
and
such
judgment
20
shall
be
a
lien
on
the
parcel
until
paid.
The
order
shall
21
direct
that
the
person
maintaining
the
action
shall
pay
to
the
22
clerk
of
court,
within
thirty
days
after
the
date
of
the
order,
23
the
total
redemption
amount
the
order
sets
forth.
24
e.
Upon
timely
receipt
of
the
payment,
the
court
shall
25
enter
judgment
declaring
the
treasurer’s
deed
to
be
void
and
26
determining
the
resulting
rights,
claims,
and
interests
of
27
all
parties
to
the
action.
In
its
judgment,
the
court
shall
28
direct
the
clerk
of
court
to
deliver
the
entire
amount
of
the
29
redemption
payment
to
the
person
claiming
title
under
the
30
treasurer’s
deed.
31
f.
If
the
person
maintaining
the
action
fails
to
timely
32
deliver
payment
of
the
total
redemption
amount
to
the
clerk
of
33
court,
the
court
shall
enter
judgment
holding
that
all
rights
34
of
redemption
of
the
person
with
a
legal
disability
who
brought
35
-2-
LSB
5207XC
(2)
87
asf/rj
2/
7
S.F.
_____
the
action,
or
on
whose
behalf
the
action
was
brought,
are
1
terminated
and
that
the
validity
of
the
tax
title
or
purported
2
tax
title
is
conclusively
established
as
a
matter
of
law
3
against
the
claims
of
such
person
with
a
legal
disability.
4
3.
If
a
person
with
a
legal
disability
remains
in
possession
5
of
the
parcel
after
the
recording
of
the
treasurer’s
deed,
and
6
if
the
person
claiming
under
the
tax
title
properly
commences
7
an
action
to
remove
the
person
from
possession,
the
person
8
with
a
legal
disability
shall
forfeit
any
rights
of
redemption
9
that
the
person
may
have
under
this
section,
unless
either
of
10
the
following
actions
is
timely
filed
by
or
on
behalf
of
the
11
person:
12
a.
A
counterclaim
in
the
removal
action
asserting
the
13
redemption
rights
under
subsection
2
of
the
person
with
a
legal
14
disability.
15
b.
A
separate
action
under
subsection
2.
Such
action
shall
16
be
filed
within
thirty
days
after
the
person
with
a
legal
17
disability
and
the
person’s
legal
representative
were
served
18
with
original
notice
in
the
removal
action.
If
an
action
under
19
subsection
2
is
filed
by
or
on
behalf
of
the
person
with
a
legal
20
disability
within
the
thirty-day
period,
the
court
may
order
21
the
action
consolidated
with
the
removal
action.
22
4.
If
a
person
with
a
legal
disability
is
not
in
possession
23
of
the
parcel
at
the
time
of
the
recording
of
the
treasurer’s
24
deed,
the
person
or
the
person’s
legal
representative
is
25
forever
barred
and
estopped
from
commencing
an
action
under
26
this
section
if
either
of
the
following
occurs:
27
a.
An
affidavit
is
filed
pursuant
to
section
448.15
and
28
claims
adverse
to
the
tax
title
are
barred
by
section
448.16.
29
b.
An
action
under
subsection
2
is
not
brought
within
three
30
years
after
the
recording
of
the
treasurer’s
deed.
31
Sec.
3.
Section
447.8,
subsection
1,
Code
2018,
is
amended
32
to
read
as
follows:
33
1.
a.
After
the
delivery
of
the
treasurer’s
deed,
a
person
34
entitled
to
redeem
a
parcel
sold
at
tax
sale
shall
do
so
only
by
35
-3-
LSB
5207XC
(2)
87
asf/rj
3/
7
S.F.
_____
an
equitable
action
in
the
district
court
of
the
county
where
1
the
parcel
is
located.
The
action
to
redeem
may
be
maintained
2
only
by
a
person
who
was
entitled
to
redeem
the
parcel
during
3
the
ninety-day
redemption
period
in
section
447.12
,
except
that
4
such
a
person
may
assign
the
person’s
right
of
redemption
or
5
right
to
maintain
the
action
to
another
person
,
or
by
a
person
6
entitled
to
redeem
under
section
447.7
.
7
b.
In
order
to
establish
the
right
to
redeem,
the
person
8
maintaining
the
action
shall
be
required
to
prove
to
the
court
9
either
that
the
person
maintaining
the
action
or
a
predecessor
10
in
interest
was
not
properly
served
with
notice
in
accordance
11
with
the
requirements
of
sections
447.9
through
447.12
,
or
that
12
the
person
maintaining
the
action
or
a
predecessor
in
interest
13
acquired
an
interest
in
or
possession
of
the
parcel
during
14
the
ninety-day
redemption
period
in
section
447.12
.
A
person
15
shall
not
be
entitled
to
maintain
such
action
by
claiming
that
16
a
different
person
was
not
properly
served
with
notice
of
17
expiration
of
right
of
redemption,
if
the
person
seeking
to
18
maintain
the
action,
or
the
person’s
predecessor
in
interest,
19
if
applicable,
was
properly
served
with
the
notice.
A
After
20
the
execution
and
delivery
of
the
treasurer’s
deed,
a
person
21
is
not
allowed
to
may
only
redeem
a
parcel
sold
for
delinquent
22
taxes
in
any
other
manner
after
the
execution
and
delivery
of
23
the
treasurer’s
deed
under
this
section
or
section
447.7
.
24
Sec.
4.
Section
448.6,
subsection
1,
Code
2018,
is
amended
25
to
read
as
follows:
26
1.
A
deed
executed
by
the
county
treasurer
in
conformity
27
with
the
requirements
of
sections
448.2
and
448.3
shall
28
be
presumed
to
effect
a
valid
title
conveyance,
and
the
29
treasurer’s
deed
may
be
challenged
only
by
an
equitable
action
30
in
the
district
court
in
the
county
in
which
the
parcel
is
31
located.
If
the
action
seeks
an
order
of
the
court
to
allow
32
redemption
after
delivery
of
the
treasurer’s
deed
because
the
33
person
seeking
to
redeem
is
a
person
with
a
legal
disability
34
who
was
entitled
to
redeem
prior
to
the
delivery
of
the
35
-4-
LSB
5207XC
(2)
87
asf/rj
4/
7
S.F.
_____
treasurer’s
deed,
the
action
shall
be
brought
in
accordance
1
with
section
447.7.
If
the
action
seeks
an
order
of
the
court
2
to
allow
redemption
after
delivery
of
the
treasurer’s
deed
3
based
on
improper
service
of
notice
of
expiration
of
right
of
4
redemption,
the
action
shall
be
brought
in
accordance
with
5
section
447.8
.
If
the
action
is
not
brought
on
that
basis
6
under
section
447.7
or
447.8
,
the
action
shall
be
controlled
by
7
the
provisions
of
this
section
.
8
Sec.
5.
Section
448.16,
subsection
3,
Code
2018,
is
amended
9
to
read
as
follows:
10
3.
An
action
to
enforce
a
claim
filed
under
subsection
1
11
shall
be
commenced
within
sixty
days
after
the
date
of
filing
12
the
claim.
The
action
may
be
commenced
by
the
claimant,
or
13
a
person
under
whom
the
claimant
claims
title,
under
either
14
section
447.7,
447.8
,
or
448.6
.
If
an
action
by
the
claimant,
15
or
such
other
person,
is
not
filed
within
sixty
days
after
the
16
filing
of
the
claim,
the
claim
thereafter
shall
be
forfeited
17
and
canceled
without
any
further
notice
or
action,
and
the
18
claimant,
or
the
person
under
whom
the
claimant
claims
title,
19
thereafter
shall
be
forever
barred
and
estopped
from
having
or
20
claiming
any
right,
title,
or
interest
in
the
parcel
adverse
to
21
the
tax
title
or
purported
tax
title.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
mechanism
by
which
minors
or
persons
26
of
unsound
mind,
or
their
legal
representatives,
who
own
real
27
estate
which
was
sold
at
a
tax
sale
may
redeem
such
parcels.
28
The
bill
defines
“legal
representative”
as
a
parent,
29
guardian,
or
conservator
of
a
person
with
a
legal
disability,
a
30
person
appointed
by
a
court
to
act
on
behalf
of
a
person
with
a
31
legal
disability,
or
a
person
acting
on
behalf
of
a
person
with
32
a
legal
disability
pursuant
to
a
power
of
attorney.
The
bill
33
defines
“person
with
a
legal
disability”
as
a
minor
or
a
person
34
of
unsound
mind.
35
-5-
LSB
5207XC
(2)
87
asf/rj
5/
7
S.F.
_____
Under
current
law,
if
a
person
with
a
legal
disability
is
the
1
owner
of
a
parcel
that
is
sold
at
a
tax
sale
and
the
treasurer’s
2
deed
has
been
delivered,
the
person
with
a
legal
disability
3
may
redeem
the
parcel
at
any
time
within
one
year
after
the
4
disability
is
removed,
in
the
manner
specified
in
Code
section
5
447.8.
Code
section
447.8
specifies
the
manner
of
redemption
6
by
an
owner
who
alleges
a
failure
by
the
holder
of
the
tax
title
7
to
serve
the
parcel
owner
with
notice
of
the
tax
sale
and
the
8
parcel
owner’s
redemption
rights.
9
The
bill
specifies
the
procedure
by
which
a
person
with
10
a
legal
disability
can
redeem
a
parcel
sold
at
a
tax
sale
11
after
the
delivery
of
the
treasurer’s
deed.
Before
delivery
12
of
the
treasurer’s
deed,
the
bill
provides
that
the
person
13
with
a
legal
disability
or
the
person’s
legal
representative
14
may
redeem
under
Code
sections
447.1
and
447.3,
which
is
the
15
same
as
current
law.
After
delivery
of
the
treasurer’s
deed,
16
the
person
with
a
legal
disability
or
the
person’s
legal
17
representative
must
bring
an
equitable
action
for
redemption
in
18
the
district
court
of
the
county
where
the
parcel
is
located
19
and
prove
to
the
court
that
prior
to
the
delivery
of
the
20
treasurer’s
deed,
the
person
with
a
legal
disability
or
the
21
person’s
legal
representative
was
entitled
to
redeem
by
virtue
22
of
such
disability.
All
persons
claiming
an
interest
in
the
23
parcel
from
the
tax
sale
must
be
named
as
defendants.
If
the
24
court
determines
that
the
person
with
a
legal
disability
or
the
25
person’s
legal
representative
is
entitled
to
redeem,
the
court
26
will
determine
the
rights,
claims,
and
interests
of
all
of
the
27
parties,
and
will
establish
the
amount
necessary
to
effect
28
redemption.
The
person
with
a
legal
disability
or
the
person’s
29
legal
representative
has
30
days
after
the
date
of
the
order
30
to
pay
the
redemption
amount.
Upon
timely
receipt
of
payment,
31
the
court
shall
declare
the
treasurer’s
deed
to
be
invalid.
32
If
the
person
with
a
legal
disability
or
the
person’s
legal
33
representative
fails
to
timely
deliver
payment,
such
person’s
34
redemption
rights
are
terminated.
35
-6-
LSB
5207XC
(2)
87
asf/rj
6/
7
S.F.
_____
The
action
may
be
brought
until
one
year
after
the
disability
1
is
removed
unless
otherwise
barred.
The
bill
bars
bringing
2
the
action
if
the
person
with
a
legal
disability
remained
in
3
possession
of
the
parcel,
the
person
claiming
under
the
tax
4
title
properly
commenced
an
action
to
remove
the
person
with
5
a
legal
disability,
and
the
person
with
a
legal
disability
6
or
the
person’s
legal
representative
fails
to
timely
file
7
a
counterclaim
or
separate
action
asserting
the
right
of
8
redemption.
The
bill
also
bars
the
action
if
the
person
with
9
a
legal
disability
is
not
in
possession
of
the
parcel
and
the
10
action
is
barred
by
Code
section
448.16.
Code
section
448.16
11
bars
actions
where
the
person
claiming
under
tax
title
records
12
an
affidavit
with
the
county
recorder
of
the
county
where
the
13
parcel
is
located
and
a
person
with
redemption
rights
fails
to
14
file
a
claim
within
120
days
after
the
filing
of
the
affidavit.
15
Finally,
the
bill
bars
the
action
if
it
is
not
filed
within
16
three
years
of
the
recording
of
the
treasurer’s
deed.
17
-7-
LSB
5207XC
(2)
87
asf/rj
7/
7
