2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321 - MOTOR VEHICLES AND LAW OF THE ROAD
321.47 - TRANSFERS BY OPERATION OF LAW.

        321.47  TRANSFERS BY OPERATION OF LAW.
         1.  If ownership of a vehicle is transferred by operation of law
      upon inheritance, devise or bequest, dissolution decree, order in
      bankruptcy, insolvency, replevin, foreclosure or execution sale,
      abandoned vehicle sale, or when the engine of a motor vehicle is
      replaced by another engine, or a vehicle is sold or transferred to
      satisfy an artisan's lien as provided in chapter 577, a landlord's
      lien as provided in chapter 570, a storage lien as provided in
      chapter 579, a judgment in an action for abandonment of a
      manufactured or mobile home as provided in chapter 555B, upon
      presentation of an affidavit relating to the disposition of a
      valueless mobile, modular, or manufactured home as provided in
      chapter 555C, or repossession is had upon default in performance of
      the terms of a security agreement, the county treasurer in the
      transferee's county of residence or, in the case of a mobile home or
      manufactured home, the county treasurer of the county where the
      mobile home or manufactured home is located, upon the surrender of
      the prior certificate of title or the manufacturer's or importer's
      certificate, or when that is not possible, upon presentation of
      satisfactory proof to the county treasurer of ownership and right of
      possession to the vehicle and upon payment of a fee of twenty dollars
      and the presentation of an application for registration and
      certificate of title, may issue to the applicant a registration card
      for the vehicle and a certificate of title to the vehicle.  A person
      entitled to ownership of a vehicle under a decree of dissolution
      shall surrender a reproduction of a certified copy of the dissolution
      and upon fulfilling the other requirements of this chapter is
      entitled to a certificate of title and registration receipt issued in
      the person's name.
         2.  The persons entitled under the laws of descent and
      distribution of an intestate's property to the possession and
      ownership of a vehicle owned in whole or in part by a decedent, upon
      filing an affidavit stating the name and date of death of the
      decedent, the right to possession and ownership of the persons filing
      the affidavit, and that there has been no administration of the
      decedent's estate, which instrument shall also contain an agreement
      to indemnify creditors of the decedent who would be entitled to levy
      execution upon the motor vehicle to the extent of the value of the
      motor vehicle, are entitled upon fulfilling the other requirements of
      this chapter, to the issuance of a registration card for the interest
      of the decedent in the vehicle and a certificate of title to it.  If
      a decedent dies testate, and either the will is not probated or is
      admitted to probate without administration, the persons entitled to
      the possession and ownership of a vehicle owned in whole or in part
      by the decedent may file an affidavit and, upon fulfilling the other
      requirements of this chapter, are entitled to the issuance of a
      registration card for the interest of the decedent in the vehicle and
      a certificate of title to the vehicle.  The affidavit shall contain
      the same information and indemnity agreement as is required in cases
      of intestacy pursuant to this section.  A requirement of chapter 450
      shall not be considered satisfied by the filing of the affidavit
      provided for in this section.  If, from the records in the office of
      the county treasurer, there appear to be any liens on the vehicle,
      the certificate of title shall contain a statement of the liens
      unless the application is accompanied by proper evidence of their
      satisfaction or extinction.  Evidence of extinction may consist of,
      but is not limited to, an affidavit of the applicant stating that a
      security interest was foreclosed as provided in chapter 554, article
      9, part 6.
         3.  Whenever ownership of a vehicle is transferred under the
      provisions of this section the registration plates shall be removed
      and forwarded to the county treasurer of the county where the vehicle
      is registered or to the department if the vehicle is owned by a
      nonresident.  Upon transfer the vehicle shall not be operated upon
      the highways of this state until the person entitled to possession of
      the vehicle applies for and obtains registration for the vehicle.
         4.  A person convicted of a violation of this section is guilty of
      a simple misdemeanor punishable as a scheduled violation under
      section 805.8A, subsection 2, paragraph "b".  

         Sectionstory: Early Form

         [S13, § 1571-m9; C24, 27, 31, 35, § 4963; C39, § 5002.03; C46,
      50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 321.47] 

         Section History: Recent Form

         84 Acts, ch 1243, § 1; 84 Acts, ch 1305, § 53; 91 Acts, ch 119,
      §1; 93 Acts, ch 154, §2; 95 Acts, ch 118, §11; 99 Acts, ch 83, §2;
      2000 Acts, ch 1149, §165, 187; 2000 Acts, ch 1203, §2; 2001 Acts, ch
      137, §5; 2001 Acts, ch 153, §15; 2001 Acts, ch 176, §80; 2004 Acts,
      ch 1092, §2; 2005 Acts, ch 34, §6, 26; 2008 Acts, ch 1113, § 18, 21;
      2008 Acts, ch 1119, § 5
         Referred to in § 312.2, 321.52A, 321.69, 321.104, 321.105A,
      331.557, 555C.3, 578A.4, 805.8A(2b)
         Surcharge imposed; § 321.52A