636.26 Security subject to court order.
1. When any investment is made pursuant to approval of the court as required by section 636.23 or made or held by and with the consent of the court as provided in section 636.25, such investment shall not be transferred and any security taken to secure such investment shall not be discharged or impaired prior to payment or satisfaction thereof without an order of the court to that effect, unless otherwise authorized by the will, trust agreement, or other document under which the fiduciary is acting. Nothing contained in this section shall be construed as requiring the approval of any court to release or discharge of record any mortgage or other lien held by any fiduciary upon the payment or satisfaction thereof in full.
2. All releases or discharges of record of mortgages or other liens prior to July 4, 1951, by any fiduciary without an order of court where such order was required by section 682.26, Code 1950, are hereby declared to be valid and effective from the filing or recording thereof without such order of court being had and obtained, unless within six months after said date a statement is filed under oath by the claimant or on the claimant’s behalf if under disability with the county recorder where such release or discharge was filed or recorded setting forth the claim upon which the invalidity of such release or discharge is based. Nothing contained in this section shall affect pending litigation.
[C51, §2508; R60, §4116; C73, §252; C97, §365; C24, 27, 31, 35, 39, §12773; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §682.26]
C93, §636.26
2016 Acts, ch 1073, §176
See §633.95
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 636 - SURETIES — FIDUCIARIES — TRUSTS — INVESTMENTS
Section 636.1 - Security to be by bond.
Section 636.3 - Defects rectified.
Section 636.4 - Qualifications of sureties.
Section 636.5 - Attorneys not receivable as surety.
Section 636.6 - New bond required.
Section 636.7 - Surety bound notwithstanding disqualification.
Section 636.8 - Affidavit of sureties — effect of.
Section 636.9 - Effect of affidavit.
Section 636.10 - Appeal bonds — presumption.
Section 636.11 - Authority to act as surety — agent qualifications.
Section 636.12 - Certificate revoked — notice.
Section 636.13 - Record by clerk.
Section 636.14 - Guaranty company as surety.
Section 636.15 - Payment of premiums.
Section 636.16 - Certificate as authority.
Section 636.17 - Limitation on acceptance.
Section 636.18 - Criminal bonds.
Section 636.20 - Suit on bond — service.
Section 636.21 - Commissioner as process agent.
Section 636.22 - Estoppel — stockholders liable.
Section 636.23 - Authorized securities.
Section 636.24 - Population and indebtedness.
Section 636.25 - Existing investments.
Section 636.26 - Security subject to court order.
Section 636.27 - Collection, application of funds, and reinvestment.
Section 636.28 - Annual accounting.
Section 636.29 - Property or funds in litigation — deposit.
Section 636.30 - Enforcement of order.
Section 636.31 - Inability to distribute trust funds — deposit.
Section 636.32 - Receipt taken.
Section 636.33 - Final discharge.
Section 636.34 - Notice of deposit.
Section 636.37 - Duty of clerk.
Section 636.45 - Federally insured loans.
Section 636.46 - Inapplicable statutes.
Section 636.47 - Deposit and joint control agreements.
Section 636.60 - Powers and duties of trustees not subject to court administration.