2014 Iowa Code
TITLE XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
SUBTITLE 5 - SPECIAL ACTIONS
CHAPTER 656 - FORFEITURE OF REAL ESTATE CONTRACTS
SECTION 656.9 - Defect in forfeiture proceedings — limitation of actions.


IA Code § 656.9 (2014) What's This?

656.9  Defect in forfeiture proceedings — limitation of actions.

1.  An action shall not be commenced after July 1, 1992, that asserts a claim against real estate previously subject to a forfeiture proceeding, and such claim is based upon a defect in the forfeiture proceeding, in which the proof and record of service of notice of forfeiture required by section 656.5 has been filed for record in the office of the county recorder prior to July 1, 1991.

2.  a.  An action shall not be commenced by a vendee who is not in possession of the property, or by a party to the forfeiture proceeding who is other than a vendee or vendor, that asserts a claim against real estate previously subject to a forfeiture proceeding, and such claim is based upon a defect in the forfeiture proceeding, in which the proof and record of service of notice of forfeiture required by section 656.6 has been filed of record for more than ten years.

b.  A vendee who is not in possession of the property, or a party to the forfeiture proceeding who is other than the vendee or vendor, may commence an action described in paragraph “a” at any time prior to July 1, 2014, if, as of June 30, 2013, more than nine years but ten years or less have elapsed since the proof and record of service of notice of forfeiture required by section 656.6 was filed of record.

c.  Subsection 1 and subsection 2, paragraph “b”, and this paragraph “c” are repealed July 1, 2014.

91 Acts, ch 161, §2; 2013 Acts, ch 83, §4

Section amended

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