558.66 Updating county administrative records.
1. Upon the receipt of an instrument that satisfies the requirements of this section and the payment of the applicable fees authorized in section 331.507, subsection 2, the auditor shall enter the updated or corrected real estate ownership information in the transfer books and index required by section 558.60.
2. In the case of an instrument filed with the recorder that satisfies the requirements of this section, the recorder shall collect the applicable fees authorized under section 331.507, subsection 2, and section 331.604 and pay such fees to the treasurer as provided in section 331.902, subsection 3.
3. Each of the following instruments shall be accepted by the recorder for the purpose of updating the county transfer books and index if a conveyance has not occurred:
a. A certificate issued by the clerk of the district court or clerk of the supreme court indicating that the title to real estate has been finally established in any named person by judgment or decree or by will.
b. An affidavit of or on behalf of a surviving joint tenant or a person who owns the remainder interest. The affidavit shall include the following:
(1) The name of the affiant.
(2) The name of the surviving joint tenant or owner of the remainder interest, as applicable, in whose name the county records should reflect ownership of title.
(3) The name of the deceased joint tenant or life tenant and such person’s date of death.
(4) The legal description of the real estate located in the county.
(5) The description and date of filing and recording of the conveyance instrument by which the surviving joint tenant or owner of the remainder interest acquired title.
(6) The document reference number of the instrument establishing title, if applicable.
(7) A request that the auditor enter the information on the transfer books and index pursuant to subsection 1.
c. An affidavit by or for a person, other than an individual, following a merger, consolidation, name change, or change of fiduciary. The affidavit shall include the following, as applicable:
(1) The former name of the person.
(2) The new name of the person.
(3) The legal description of the real estate located in the county.
(4) A description of the merger, consolidation, name change, or change of fiduciary.
(5) A request that the auditor enter the information on the transfer books and index pursuant to subsection 1.
d. Articles of merger, consolidation, or name change as required by another provision of law if the legal description of the real estate is attached thereto.
4. An instrument recorded pursuant to this section is not a muniment of title.
[C97, §2931; C24, 27, 31, 35, 39, §10125; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §558.66]
85 Acts, ch 159, §9; 86 Acts, ch 1079, §4; 90 Acts, ch 1035, §1; 91 Acts, ch 86, §1; 93 Acts, ch 109, §14; 2000 Acts, ch 1058, §56; 2006 Acts, ch 1129, §3; 2009 Acts, ch 27, §35; 2011 Acts, ch 21, §1; 2012 Acts, ch 1023, §82; 2021 Acts, ch 162, §1, 2
Referred to in §331.508
Title established or changed — certificate; §602.8102(10)
Subsection 3, paragraph b, unnumbered paragraph 1 amended
Subsection 3, paragraph c, unnumbered paragraph 1 amended
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.