331.609 Federal liens.
1. a. Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed or recorded in accordance with this section.
b. Notices of liens upon real property for obligations payable to the United States, and certificates and notices affecting the liens shall be recorded in the office of the recorder of the county in which the real property subject to a federal lien is situated.
c. Notices of federal liens upon tangible or intangible personal property for obligations payable to the United States and certificates and notices affecting the liens shall be filed or recorded as follows:
(1) If the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the secretary of state.
(2) In all other cases, in the office of the recorder of the county where the person against whose interest the lien applies resides at the time of recording of the notice of lien.
2. Certification of notices of liens, certificates, or other notices affecting federal liens by the secretary of the treasury of the United States, or a designee of the secretary, or by any official or entity of the United States responsible for the filing or certification of any other lien, entitles them to be filed or recorded, and no other attestation, certification, or acknowledgment is necessary.
3. a. If a notice of federal lien, a refiling or rerecording of a notice of lien, or a notice of revocation of a certificate described in paragraph “b” is presented to the filing officer:
(1) If the filing officer is the secretary of state, the secretary shall cause the notice to be marked, held, and indexed in accordance with section 554.9519, as if the notice were a financing statement as provided in chapter 554, article 9, part 5.
(2) If the filing officer is a recorder, the recorder shall endorse on the notice the recorder’s identification and the date and time of receipt and record it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien, and the total appearing on the notice of lien. The recorder may return the original instrument to the sender or dispose of the instrument if the sender does not wish the instrument returned. A document filed in the recorder’s office before July 1, 1990, may be returned to the sender or disposed of if the sender does not wish to have the document returned and if there is an official copy of that document in the recorder’s office.
b. If a certificate of release, nonattachment, discharge, or subordination of a lien is presented to the secretary of state for filing, the secretary shall:
(1) Cause a certificate of release or nonattachment to be marked, held, and indexed as if the certificate were a termination statement within the meaning of the uniform commercial code, chapter 554, except that the notice of lien to which the certificate relates shall not be removed from the files.
(2) Cause a certificate of discharge or subordination to be marked, held, and indexed as if the certificate were a release of collateral within the meaning of the uniform commercial code, chapter 554.
c. If a refiled notice of federal lien referred to in paragraph “a” or any of the certificates or notices referred to in paragraph “b” is presented for recording with a recorder, the recorder shall enter the refiled notice or the certificate with the date of recording in an alphabetical index and make a notation on the original record of a reference to the refiled notice or certificate.
d. Upon request of a person, the filing or recording officer shall issue a certificate showing whether there is on file or recorded, on the date and hour stated, a notice of federal lien or certificate or notice affecting the lien, filed or recorded on or after July 1, 1989, naming a particular person, and if a notice or certificate is on file or recorded, giving the date and hour of filing or recording of each notice or certificate. The fee for a certificate is six dollars. Upon request the filing or recording officer shall furnish a copy of any notice of federal tax lien or notice or certificate affecting a federal tax lien for a fee of five dollars per page.
4. The fees for filing or recording, and indexing each notice of lien or certificate or notice affecting the lien shall be as provided in section 331.604. The officer shall bill the internal revenue service or any other appropriate federal agency on a monthly basis for fees for documents filed or recorded by it.
5. a. Filing or recording officers with whom notices of federal tax liens, certificates, and notices affecting the liens have been filed or recorded on or before July 1, 1970, shall, after that date, continue to maintain a file labeled “federal tax lien notices filed prior to July 1, 1970” containing notices and certificates filed in numerical order of receipt. If a notice of lien was filed or recorded on or before July 1, 1970, a certificate or notice affecting the lien shall be filed or recorded in the same office.
b. The original lien, certificate, or notice included in the file required to be maintained under paragraph “a” may be returned to the sender or disposed of by the recorder if the sender does not wish the instrument returned and if there is an official copy of the lien, certificate, or notice in the recorder’s office or the lien, certificate, or notice is maintained in the recorder’s office as an electronic document or is recorded, copied, or reproduced by any electronic, optical, magnetic, microfilm, or other method of storage.
6. a. Filing or recording officers with whom notices of federal tax liens, certificates, and notices affecting the liens have been filed or recorded after July 1, 1970, and before July 1, 1989, shall, after July 1, 1989, continue to maintain a file labeled “federal tax lien notices filed after July 1, 1970, and before July 1, 1989” containing notices and certificates filed or recorded in numerical order of receipt. If a notice of lien was filed or recorded on or after July 1, 1970, and before July 1, 1989, a certificate or notice affecting the lien shall be filed or recorded in the same office.
b. The original lien, certificate, or notice included in the file required to be maintained under paragraph “a” may be returned to the sender or disposed of by the recorder if the sender does not wish the instrument returned and if there is an official copy of the lien, certificate, or notice in the recorder’s office or the lien, certificate, or notice is maintained in the recorder’s office as an electronic document or is recorded, copied, or reproduced by any electronic, optical, magnetic, microfilm, or other method of storage.
7. This section may be cited as the “Uniform Federal Lien Registration Act”.
[C24, 27, 31, 35, 39, §5176; C46, 50, 54, 58, 62, 66, §335.11; C71, 73, 75, 77, 79, 81, §335.18 – 335.23; S81, §331.609; 81 Acts, ch 117, §608]
88 Acts, ch 1275, §33; 89 Acts, ch 36, §1; 90 Acts, ch 1021, §2; 2000 Acts, ch 1149, §169, 187; 2001 Acts, ch 44, §11; 2005 Acts, ch 3, §66; 2009 Acts, ch 27, §11; 2017 Acts, ch 38, §1
Structure Iowa Code
Chapter 331 - COUNTY HOME RULE IMPLEMENTATION
Section 331.101 - Definitions.
Section 331.201 - Board membership — qualifications — term.
Section 331.203 - Membership increased — vote.
Section 331.204 - Membership reduced — vote — new members.
Section 331.205 - Petition and vote in certain counties — exception.
Section 331.206 - Supervisor districts.
Section 331.207 - Special election — supervisor districts.
Section 331.208 - Plan “one” terms of office.
Section 331.209 - Plan “two” terms of office.
Section 331.210 - Plan “three”.
Section 331.210A - Temporary county redistricting commission.
Section 331.211 - Organization of the board.
Section 331.212 - Quorum — majority vote required.
Section 331.213 - Meetings of the board.
Section 331.214 - Vacancy of supervisor’s office.
Section 331.215 - Compensation and expenses.
Section 331.216 - Membership on appointive boards, committees, and commissions.
Section 331.231 - Alternative forms of county government.
Section 331.232 - Plan for an alternative form of government.
Section 331.233 - Appointment of commission members.
Section 331.234 - Organization and expenses.
Section 331.235 - Commission procedures and reports.
Section 331.236 - Ballot requirements.
Section 331.237 - Referendum — effective date.
Section 331.238 - Limitations to alternative forms of county government.
Section 331.239 - Board-elected executive form.
Section 331.240 - Duties of executive.
Section 331.241 - Board-manager form.
Section 331.242 - Duties of manager.
Section 331.243 - Employees of board-manager government.
Section 331.244 - Amendment to county government.
Section 331.245 - Limitations on amendments to county government.
Section 331.246 - Charter form of government.
Section 331.247 - City-county consolidated form.
Section 331.248 - Charter of consolidation.
Section 331.249 - Effect of consolidation.
Section 331.250 - General powers of consolidated local governments.
Section 331.251 - Rules, ordinances, and resolutions of consolidated government.
Section 331.252 - Form of ballot — city-county consolidation.
Section 331.253 - Requirements for multicounty government consolidation.
Section 331.254 - Charter of consolidation.
Section 331.255 - Form of ballot — multicounty consolidation.
Section 331.256 - Joining existing multicounty consolidated government.
Section 331.257 - Recognition of change in boundaries by general assembly.
Section 331.260 - Community commonwealth.
Section 331.261 - Charter — community commonwealth.
Section 331.262 - Adoption of charter — effect.
Section 331.263 - Service delivery.
Section 331.301 - General powers and limitations.
Section 331.302 - County legislation.
Section 331.303 - General duties of the board.
Section 331.304 - Procedural limitations on general county powers.
Section 331.304A - Limitations on county legislation.
Section 331.305 - Publication of notices — electronic delivery authorization.
Section 331.306 - Petitions of eligible electors.
Section 331.307 - County infractions.
Section 331.308 - Neglected animals.
Section 331.309 - Elections on public measures.
Section 331.321 - Appointments — removal.
Section 331.322 - Duties relating to county and township officers.
Section 331.323 - Powers relating to county officers — combining duties.
Section 331.324 - Duties and powers relating to county and township officers and employees.
Section 331.325 - Control and maintenance of pioneer cemeteries — cemetery commission.
Section 331.342 - Conflicts of interest in public contracts.
Section 331.361 - County property.
Section 331.362 - Roads and traffic.
Section 331.381 - Duties relating to services.
Section 331.382 - Powers and limitations relating to services.
Section 331.383 - Duties and powers relating to elections.
Section 331.384 - Abatement of public health and safety hazards — special assessments.
Section 331.385 - Powers and duties relating to emergency services.
Section 331.388 - Definitions.
Section 331.389 - Mental health and disability services regions — criteria.
Section 331.390 - Regional governance structure.
Section 331.391 - Regional finances.
Section 331.392 - Regional governance agreements.
Section 331.393 - Regional service system management plan.
Section 331.395 - Financial eligibility requirements.
Section 331.396 - Diagnosis — functional assessment.
Section 331.396A - Eligibility requirements — children’s behavioral health services.
Section 331.397 - Regional core services.
Section 331.397A - Children’s behavioral health core services.
Section 331.398 - Regional service system financing.
Section 331.399 - Governmental body.
Section 331.400 - Quarterly reports.
Section 331.401 - Duties relating to finances.
Section 331.402 - Powers relating to finances — limitations.
Section 331.403 - Annual reports — financial report — urban renewal report.
Section 331.421 - Definitions.
Section 331.422 - County property tax levies.
Section 331.423 - Basic levies — maximums.
Section 331.424 - Supplemental levies.
Section 331.424A - County mental health and disabilities services fund.
Section 331.424B - Cemetery levy.
Section 331.424C - Emergency services fund.
Section 331.425 - Additions to levies — special levy election.
Section 331.426 - Additions to basic levies.
Section 331.427 - General fund.
Section 331.428 - Rural services fund.
Section 331.429 - Secondary road fund.
Section 331.430 - Debt service fund.
Section 331.431 - Additional funds.
Section 331.432 - Interfund transfers.
Section 331.433 - Estimates submitted by departments.
Section 331.433A - Resolution establishing maximum property tax dollars — notice — hearing.
Section 331.434 - County budget — notice and hearing — appropriations.
Section 331.435 - Budget amendment.
Section 331.437 - Expenditures exceeding appropriations.
Section 331.439 - Eligibility for state payment.
Section 331.441 - Definitions.
Section 331.442 - General county purpose bonds.
Section 331.443 - Essential county purpose bonds.
Section 331.443A - Restrictions on certain projects.
Section 331.444 - Sale of bonds.
Section 331.445 - Categories for general obligation bonds.
Section 331.446 - Form and execution — negotiability.
Section 331.447 - Taxes to pay bonds.
Section 331.448 - Statute of limitation — powers — conflicts.
Section 331.449 - Prior projects preserved.
Section 331.461 - Definitions.
Section 331.462 - County enterprises — combined county enterprises.
Section 331.463 - Procedure for financing.
Section 331.464 - Revenue bonds.
Section 331.465 - Rates for proprietary functions.
Section 331.466 - Records — accounts — funds.
Section 331.467 - Pledge — payment — remedy.
Section 331.468 - Funds — payments.
Section 331.469 - Statute of limitation — powers — conflicts.
Section 331.470 - Prior projects preserved.
Section 331.471 - County enterprise commissions.
Section 331.476 - Expenditures confined to receipts.
Section 331.477 - Current debt authorized.
Section 331.478 - Noncurrent debt authorized.
Section 331.479 - Other noncurrent debt issuance.
Section 331.485 - Definitions.
Section 331.486 - Assessment of costs of public improvements.
Section 331.487 - Special assessment bonds for public improvements.
Section 331.488 - Joint agreements for public improvements.
Section 331.489 - Rates and charges relating to public improvements.
Section 331.490 - Cities subject to debt service tax levy — rates.
Section 331.501 - Office of county auditor.
Section 331.502 - General duties.
Section 331.503 - General powers.
Section 331.504 - Duties as clerk to the board.
Section 331.505 - Duties relating to elections.
Section 331.506 - Issuance of warrants.
Section 331.507 - Collection of money and fees.
Section 331.508 - Books and records.
Section 331.510 - Reports by the auditor.
Section 331.511 - Duties relating to platting.
Section 331.512 - Duties relating to taxation.
Section 331.551 - Office of county treasurer.
Section 331.552 - General duties.
Section 331.553 - General powers.
Section 331.554 - Duties relating to warrants.
Section 331.555 - Fund management.
Section 331.557 - Duties relating to vehicle registrations and certificates of title.
Section 331.557A - Duties relating to issuance of driver’s licenses.
Section 331.558 - Reports by the treasurer.
Section 331.559 - Duties relating to taxation.
Section 331.601 - Office of county recorder.
Section 331.601A - Definitions.
Section 331.602 - General duties.
Section 331.603 - General powers.
Section 331.604 - Recording and filing fees.
Section 331.605A - Document management fee.
Section 331.605B - Fees collected — audit.
Section 331.605C - Electronic transaction fee — audit.
Section 331.606 - General filing requirements.
Section 331.606A - Document content — personally identifiable information.
Section 331.606B - Document or document formatting standards.
Section 331.607 - Books and records.
Section 331.608 - Military personnel records.
Section 331.609 - Federal liens.
Section 331.610 - Abolition of office of recorder — identification of office — place of filing.
Section 331.611 - Vital statistics.
Section 331.651 - Office of county sheriff.
Section 331.652 - General powers of the sheriff.
Section 331.653 - General duties of the sheriff.
Section 331.654 - Faithful discharge of duties — penalty for disobedience.
Section 331.655 - Fees — mileage — expenses.
Section 331.656 - Management of condemnation funds.
Section 331.657 - Standard uniforms.
Section 331.658 - Care of prisoners.
Section 331.659 - Prohibited actions.
Section 331.660 - Appropriation — Indian settlement officer.
Section 331.661 - Multicounty office.
Section 331.751 - Office of county attorney.
Section 331.752 - Full-time or part-time attorney.
Section 331.753 - Multicounty office.
Section 331.754 - Absence or disqualification of county attorney and assistants.
Section 331.755 - Prohibited actions.
Section 331.756 - Duties of the county attorney.
Section 331.757 - Temporary and full-time assistants.
Section 331.758 - General powers.
Section 331.759 - Appointment of private legal counsel.
Section 331.801 - County medical examiner — appointment, qualifications, and assistance.
Section 331.802 - Deaths — reported and investigated.
Section 331.803 - Examination certificate — fee.
Section 331.804 - Disposition of body and other property.
Section 331.805 - Prohibited actions — cremation permit — penalties.
Section 331.901 - General duties of county officers.
Section 331.902 - Collection and disposition of fees.
Section 331.903 - Appointment of deputies, assistants, and clerks.
Section 331.904 - Salaries of deputies, assistants, and clerks.
Section 331.905 - County compensation board.
Section 331.907 - Compensation schedule — preparation and adoption.
Section 331.908 - Motor vehicles required to operate on ethanol blended gasoline.
Section 331.909 - Multidisciplinary community services teams.
Section 331.910 - Interstate contracts for mental health and substance-related disorder treatment.