House File 777
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
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
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
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
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.
Chief Clerk of the House
Approved , 2007
CHESTER J. CULVER