Text: HF776            Text: HF778


House File 777

AN ACT RELATING TO JUDICIAL BRANCH PRACTICES AND PROCEDURES INCLUDING BUT NOT LIMITED TO ADOPTION PETITIONS, CLERK OF THE DISTRICT COURT DUTIES, AND RECORDKEEPING AFFECTING REAL ESTATE AND CHANGE OF NAME RECORDS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. Section 600.3, Code 2007, is amended by adding the following new subsection: NEW SUBSECTION. 4. An adoption petition shall be limited to the adoption of one natural person. Sec. 2. Section 602.8103, subsection 4, Code 2007, is amended by adding the following new paragraph: NEW PARAGRAPH. k. Complaints, trial informations, and uniform citations and complaints relating to parking violations under sections 321.236, 321.239, 321.358, 321.360, and 321.361, one year after final disposition. Sec. 3. Section 602.8105, subsection 1, paragraph a, Code 2007, is amended to read as follows: a. For filing and docketing a petition, other than a modification of a dissolution decree to which a written stipulation is attached at the time of filing containing the agreement of the parties to the terms of modification, one hundred dollars. In counties having a population of ninety=eight thousand or over, an additional five dollars shall be charged and collected to be known as the journal publication fee and used for the purposes provided for in section 618.13. For multiple adoption petitions filed at the same time by the same petitioner under section 600.3, the filing fee and any court costs for any petition filed in addition to the first petition filed are waived. Sec. 4. Section 617.10, Code 2007, is amended to read as follows: 617.10 REAL ESTATE == ACTION INDEXED. 1. When a petition affecting real estate is filed, the clerk of the district court where the petition is filed shall forthwith index same the petition in an index book to be provided therefor, under the tract number which describes the property, entering in each instance the cause case number as a guide to the record of court proceedings which affect such the real estate. If the petition be is amended to include other parties or other lands, same the amended petition shall be similarly indexed. When the cause is finally a final result is determined in the case, the result shall be indicated in said the index book wherever indexed. 2. As used in this section, "book" means any mode of permanent recording, including but not limited to card files, microfilm, microfiche, and electronic records. Sec. 5. Section 654.17, Code 2007, is amended to read as follows: 654.17 RECISION OF FORECLOSURE. 1. At any time prior to the recording of the sheriff's deed, and before the mortgagee's rights become unenforceable by operation of the statute of limitations, the judgment creditor, or the judgment creditor who is the successful bidder at the sheriff's sale, with the written consent of the mortgagor may rescind the foreclosure action by filing a notice of recision with the clerk of court in the county in which the property is located along with a filing fee of fifty dollars. In addition, such person if the original loan documents are contained in the court file, the mortgagee shall pay a fee of twenty=five dollars for documents filed in the foreclosure action which the plaintiff requests returned to the clerk of the district court. Upon the payment of the fee, the clerk shall make copies of the original loan documents for the court file, and return the original loan documents to the mortgagee. 2. Upon the filing of the notice of recision, the mortgage loan shall be enforceable according to the original terms of the foreclosure and the rights of all persons with an interest in the property may be enforced as if the foreclosure had not been filed. However, any findings of fact or law shall be preclusive for purposes of any future action unless the court, upon hearing, rules otherwise. The mortgagor shall be assessed costs, including reasonable attorney fees, of foreclosure and recision if provided by the mortgage agreement. Sec. 6. Section 674.11, Code 2007, is repealed. PATRICK J. MURPHY Speaker of the House JOHN P. KIBBIE President of the Senate I hereby certify that this bill originated in the House and is known as House File 777, Eighty=second General Assembly. MARK BRANDSGARD Chief Clerk of the House Approved , 2007 CHESTER J. CULVER Governor
Text: HF776            Text: HF778