Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

1. On partition of real property, but not of personal property, the court shall order a reasonable fee in favor of the plaintiff’s attorney. The fee shall be taxed as costs. 2. If the plaintiff is the losing contestant in a contest arising from any partition action, any of the pl…

Appraisers, referees, and attorneys appointed by a referee with court approval shall receive reasonable compensation as approved by the court and such compensation shall be part of the costs. 2018 Acts, ch 1108, §24

Unless waived in writing by all interested parties, the court shall fix a time and a place for a hearing on the referee’s final report. The referee shall give notice of the hearing to all interested parties. 2018 Acts, ch 1108, §25

If a minor for whom no conservator has been appointed is entitled to proceeds from a partition of property by sale in an amount not exceeding ten thousand dollars, the court may order the proceeds paid to the minor’s parent, guardian, or an adult with whom the minor resides, for …

If a cotenant requests a partition in kind in an action to partition heirs property, the partition action shall proceed under the special provisions for partition of heirs property under this subchapter . The provisions of this subchapter shall control in the event of a conflict …

1. If the court determines that a property subject to a partition action is heirs property, and a cotenant requests a partition in kind of such property, the court shall file an initial decree pursuant to section 651.12 ordering the partition action to proceed under this subchapt…

1. If a cotenant requests partition by sale of the heirs property after receiving notice of the court’s determination of the fair market value of the heirs property pursuant to section 651.28 , the court shall send notice to all parties advising of all of the following: a. That a…

If an entire interest in real estate is owned by a decedent on whose estate administration or probate is pending a partition action shall not be brought until four months after the second publication of the notice of the appointment of the personal representative. A partition act…

At the conclusion of a cotenant buyout as provided in section 651.29 , the court shall order the heirs property to be partitioned in kind unless the court, after consideration of all factors pursuant to section 651.31 , finds that partition in kind will result in great prejudice …

1. The court shall consider all of the following factors in determining if partition in kind of heirs property will result in great prejudice to the cotenants of such property as a group: a. Whether the heirs property can be practicably divided among the cotenants. b. Whether a p…

1. If the court orders the heirs property partitioned in kind, the proceedings shall be governed by the procedures set forth in subchapter II that are applicable to a partition in kind. 2. If the court orders the heirs property partitioned by sale, the proceedings shall be govern…

A petition for partition of property shall describe the property and the plaintiff’s interest in the property. The petition shall name all indispensable parties pursuant to section 651.5 and state the nature and extent of each interest or lien as far as each interest or lien is k…

1. A petition for partition of property shall include as parties all persons indispensable to the partition including an owner of an undivided interest and a holder of a lien on all or part of the property. 2. A petition for partition of property may include as parties a person h…

A defendant’s answer to a partition petition shall state the amount and nature of the defendant’s interest. A defendant may deny the interest of a plaintiff and by supplemental pleading, if necessary, may deny the interest of any other defendant. 2018 Acts, ch 1108, §6 Former §65…

A party may perfect or quiet title to property that is subject to a partition petition or request adjudication of a right of a party as to any matter originating from or connected to the property, including a lien between any parties. Except as permitted by this section , a joind…

Personal property that is subject to a lien on the whole or any part of the property shall only be partitioned by sale. 2018 Acts, ch 1108, §8

Real and personal property owned by the same person may be partitioned in the same action. A referee appointed by the court may act as to both the real and the personal property. 2018 Acts, ch 1108, §9

This chapter may be cited as the “Uniform Public Expression Protection Act” . 2025 Acts, ch 93, §1, 13 Section applies to a civil action filed on or after July 1, 2025; 2025 Acts, ch 93, §13 NEW section

On a motion under section 652.3 , the court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion in the following circumstances: 1. To the moving party if the moving party prevails on the motion. 2. To the responding party if…

This chapter shall be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the Constitution of the United States or the Constitution of the State o…

In applying and construing this chapter , consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. 2025 Acts, ch 93, §12, 13 Section applies to a civil action filed on or after July 1, 2025; 2025 Acts…

1. As used in this section : a. “Goods or services” does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work. b. “Governmental unit” means a public corporation or go…

Not later than sixty days after a party is served with a petition, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion for e…

1. Except as otherwise provided in subsections 4 through 7 , on the filing of a motion under section 652.3 , all of the following apply: a. All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed. b. On …

1. The court shall hear a motion under section 652.3 not later than sixty days after filing of the motion, unless the court orders a later hearing for any of the following: a. To allow discovery under section 652.4, subsection 4 . b. For other good cause. 2. If the court orders a…

In ruling on a motion under section 652.3 , the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under rule of civil procedure 1.981 . 2025 Acts, ch 93, §6, 13…

1. In ruling on a motion under section 652.3 , the court shall dismiss with prejudice a cause of action, or part of a cause of action, if all of the following are true: a. The moving party establishes under section 652.2, subsection 2 , that this chapter applies. b. The respondin…

The court shall rule on a motion under section 652.3 not later than sixty days after a hearing under section 652.5 . 2025 Acts, ch 93, §8, 13 Section applies to a civil action filed on or after July 1, 2025; 2025 Acts, ch 93, §13 NEW section

A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under section 652.3 . The appeal must be filed not later than thirty days after entry of the order. 2025 Acts, ch 93, §9, 13 Referred to in §652.4 Section applies to a civil action…

Except as provided in section 654.18 , a deed of trust or mortgage of real estate shall not be foreclosed in any other manner than by action in court by equitable proceedings. [C51, §2083, 2096; R60, §3660, 3673, 4179; C73, §3319; C97, §4287; C24, 27, 31, 35, 39, § 12372; C46, 50…

As far as practicable, the property sold must be only sufficient to satisfy the mortgage foreclosed. [C51, §2091; R60, §3668; C73, §3326; C97, §4294; C24, 27, 31, 35, 39, § 12381; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §654.10 ]

In cases where the vendor of real estate has given a bond or other writing to convey the same on payment of the purchase money, and such money or any part thereof remains unpaid after the day fixed for payment, whether time is or is not of the essence of the contract, the vendor …

The vendee shall in such cases, for the purpose of the foreclosure, be treated as a mortgagor of the property purchased, and the vendee’s rights may be foreclosed in a similar manner. [C51, §2095; R60, §3672; C73, §3330; C97, §4298; C24, 27, 31, 35, 39, § 12383; C46, 50, 54, 58, …

1. Subject to section 572.18 , if a prior recorded mortgage contains the notice prescribed in this section and identifies the maximum credit available to the borrower, then loans and advances made under the mortgage, up to the maximum amount of credit together with interest there…

1. The lien created by a recorded purchase money mortgage shall have priority over and is senior to preexisting judgments against the purchaser and any other right, title, interest, or lien arising either directly or indirectly by, through, or under the purchaser. A mortgage is a…

Whenever any real estate is encumbered by two or more real estate mortgages which in addition to the lien upon the real estate grant to the mortgagee the right to subject the rents, profits, avails, or income from said real estate to the payment of the debt secured by such mortga…

1. In an action to foreclose a real estate mortgage, if a receiver is appointed to take charge of the real estate, preference shall be given to the owner or person in actual possession, subject to approval of the court, in leasing the mortgaged premises. If the real estate is agr…

1. a. In all actions for the foreclosure of real estate mortgages, deeds of trust of real property, and contracts for the purchase of real estate, when the owner enters an appearance and files an answer admitting some indebtedness and breach of the terms of the designated instrum…

A junior creditor may file and serve on the judgment creditor a request for notice of the sheriff’s sale. Such request for notice shall include a facsimile number or electronic mail address where the creditor shall be notified of the sale. At least ten days prior to the date of s…

A lender may serve a judgment creditor in a foreclosure action with notice in substantially the following form advising the creditor that the property that is the subject of the foreclosure action shall be foreclosed and describing the creditor’s interest in the action and that u…

1. If a sheriff’s sale is ordered on agricultural land used for farming, as defined in section 16.58 , the mortgagor may, by a date set by the court but not later than ten days before the sale, designate to the court the portion of the land which the mortgagor claims as a homeste…

1. Not later than the time a sheriff’s deed to agricultural land used for farming, as defined in section 16.58 , is recorded, the grantee recording the sheriff’s deed shall notify the mortgagor of the mortgagor’s right of first refusal. The grantee shall record the sheriff’s deed…

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, may rescind the fore…

At any time during the pendency of the foreclosure, the plaintiff may apply to the court for an order approving an offer for a commercially reasonable sale of the property free of the claims of the parties to the action and other persons served with notice pursuant to section 654…

1. Except as provided under chapter 29A , or the federal Servicemembers Civil Relief Act of 2003, 50 U.S.C. app. 532 and 533, a creditor shall not initiate a proceeding to enforce an obligation payable under its terms in installments under a contract for the purchase of real esta…

1. Upon the mutual written agreement of the mortgagor and mortgagee, a real estate mortgage may be foreclosed pursuant to this section by doing all of the following: a. The mortgagor shall convey to the mortgagee all interest in the real property subject to the mortgage. b. The m…