558.41 Recording.
1. Effect of recording. An instrument affecting real estate is of no validity against subsequent purchasers for a valuable consideration, without notice, or against the state or any of its political subdivisions during and after condemnation proceedings against the real estate, unless the instrument is filed and recorded in the county in which the real estate is located, as provided in this chapter.
2. Priority. An interest in real estate evidenced by an instrument so filed shall have priority over any lien that is given equal precedence with ordinary taxes under chapter 260E or 260F, or its successor provisions, except for a lien under chapter 260E or 260F upon the real estate described in an instrument or job training agreement filed in the office of the recorder of the county in which the real estate is located prior to the filing of a conflicting instrument affecting the real estate, and a subordinate lien under chapter 260E or 260F may be divested or discharged by judicial sale or by other available legal remedy notwithstanding any provision to the contrary contained in chapter 260E or 260F, or its successor provisions. Nothing in this section shall abrogate the collection of, or any lien for, unpaid property taxes which have attached to real estate pursuant to chapter 445, including taxes levied against tangible property that is assessed and taxed as real property pursuant to chapter 427A, or the collection of, or any lien for, unpaid taxes for which notice of lien has been properly recorded pursuant to section 422.26.
3. Prohibitions against recording unenforceable. A provision contained in a residential real estate installment sales contract which prohibits the recording of the contract, or the recording of a memorandum of the contract, is unenforceable by any party to the contract.
4. Termination of life estate. Upon the termination of a life estate interest through the death of the holder of the life estate, any surviving holder or successor in interest shall prepare a change of title or affidavit for tax purposes and shall deliver such instrument to the county recorder of the county in which each parcel of real estate is located.
[C51, §1211; R60, §2220; C73, §1941; C97, §2925; C24, 27, 31, 35, 39, §10105; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §558.41]
93 Acts, ch 33, §1; 93 Acts, ch 180, §91; 98 Acts, ch 1120, §2; 2004 Acts, ch 1144, §3; 2006 Acts, ch 1031, §7
Structure Iowa Code
Section 558.1 - “Instruments affecting real estate” defined — revocation.
Section 558.2 - Corporation having seal.
Section 558.3 - Corporation not having seal.
Section 558.5 - Contract for deed — presumption of abandonment.
Section 558.6 - Given names — variation — effect.
Section 558.7 - Assignment of certificate of entry deemed deed.
Section 558.8 - Affidavits explanatory of title — presumption.
Section 558.9 - Railroad land grants — duty to record.
Section 558.10 - Patents covering land in different counties.
Section 558.11 - Record — constructive notice.
Section 558.12 - Transcript of instruments.
Section 558.13 - Transcript recorded.
Section 558.14 - Grantor described as “spouse” or “heir” — presumption.
Section 558.15 - Official stamps of nonresident public notaries — presumption.
Section 558.18 - Certification — effect.
Section 558.19 - Forms of conveyance.
Section 558.20 - Acknowledgments.
Section 558.31 - Proof of execution and delivery in lieu of acknowledgment.
Section 558.32 - Contents of certificate.
Section 558.35 - Married persons.
Section 558.36 - Attorney in fact.
Section 558.40 - Liability of officer.
Section 558.42 - Acknowledgment as condition precedent.
Section 558.44 - Mandatory recordation of conveyances and leases of agricultural land.
Section 558.45 - Notation of assignment or release on index.
Section 558.46 - Mandatory recording of certain residential real estate installment sales contracts.
Section 558.48 - Transfer fee covenant — prohibition.
Section 558.49 - Index records.
Section 558.52 - Alphabetical arrangement.
Section 558.55 - Filing and indexing — constructive notice.
Section 558.57 - Entry on auditor’s transfer books.
Section 558.58 - Recorder to collect and deliver to auditor.
Section 558.59 - Final record.
Section 558.60 - Transfer and index books.
Section 558.61 - Form of transfer book.
Section 558.62 - Form of index book.
Section 558.63 - Book of plats — how kept.
Section 558.64 - Entries of transfers.
Section 558.65 - Council’s approval of certain plats.
Section 558.66 - Updating county administrative records.
Section 558.67 - Correction of books and instruments.
Section 558.68 - Perpetuities.
Section 558.69 - Groundwater hazard statement — requirements — liability.