Title XIV, PROPERTY (Ch. 555 - 594A)

Rescission of any contract pursuant to this chapter or the failure to provide a copy of the contract to the buyer as required by this chapter shall void any contract, note, instrument, or other evidence of indebtedness executed or entered into in connection with the contract and …

1. Any seller who violates the provisions of this chapter shall be guilty of a simple misdemeanor. 2. A violation of this chapter is a violation of section 714.16, subsection 2 , paragraph “a” . [C75, 77, §713B.6; C79, 81, §82.6 ] 92 Acts, ch 1062, §1 C93, §555A.6

Unless the context otherwise requires, in this chapter : 1. “Abandoned” means abandoned as provided in section 562B.27, subsection 1 . 2. “Claimant” includes but is not limited to any government subdivision with authority to levy a tax on abandoned personal property. “Claimant” a…

1. A real property owner who disposes of a mobile home or personal property in accordance with this chapter is not liable for damages by reason of the removal, sale, or disposal of the mobile home and personal property unless the damage is caused willfully or by gross negligence.…

1. A real property owner may remove or cause to be removed a mobile home and other personal property which is unlawfully parked, placed, or abandoned on that real property, and may cause the mobile home and personal property to be placed in storage until the owner of the personal…

A real property owner not requesting notification by the sheriff as provided in section 555B.2 may bring an action alleging abandonment in the court within the county where the real property is located. The action shall be tried as an equitable action. Unless commenced as a small…

1. Personal service pursuant to rule of civil procedure 1.305 shall be made upon the mobile home owner not less than ten days before the hearing. If personal service cannot be completed in time to give the mobile home owner the minimum notice required by this section , the court …

In an action under this chapter a change of place of trial may be had as in other cases. 88 Acts, ch 1138, §5 C89, §562C.5 C93, §555B.5 Referred to in §555B.2

An action under this chapter shall be accorded reasonable priority for assignment to assure prompt disposition. 88 Acts, ch 1138, §6 C89, §562C.6 C93, §555B.6 Referred to in §555B.2

An action under this chapter may be brought in connection with a claim for monetary damages, possession, or recovery as provided in section 562B.25 or 562B.30 or chapter 648 . 88 Acts, ch 1138, §7 C89, §562C.7 C93, §555B.7 Referred to in §555B.2

1. If the court determines that the mobile home and personal property have been abandoned, judgment shall be entered in favor of the real property owner for the reasonable costs of removal, storage, notice, and attorney fees; any other expenses incurred for preserving the mobile …

1. Pursuant to an order for disposal under section 555B.8, subsection 3 , the real property owner shall dispose of the mobile home and personal property by public or private sale in a commercially reasonable manner. If the personal property owner, lienholder, or other claimant ha…

As used in this chapter , unless the context otherwise requires: 1. “Home” means a mobile home, modular home, or a manufactured home as defined in section 435.1 . 2. “Manufactured home community” means a manufactured home community as defined in section 435.1 . 3. “Mobile home pa…

1. An owner of a manufactured home community or mobile home park may remove, or cause to be removed, from the manufactured home community or mobile home park a valueless home and personal property associated with the home at any time following a determination of abandonment by th…

If a new title to a valueless home is to be issued to a third party, the county treasurer shall issue a new title, upon receipt of the affidavit required in section 555C.2 and payment of a fee pursuant to section 321.47 . Any tax lien levied pursuant to chapter 435 is canceled an…

Unless the valueless home is to be titled in the name of a third party, the manufactured home community or mobile home park owner may dispose of a valueless home and any personal property to a demolisher, sanitary landfill, or other lawful disposal site under the terms and condit…

A person who removes or allows the removal of a valueless home or transfers title or allows the transfer of title of a valueless home as provided in this chapter is not liable to the previous owner of the valueless home due to the removal or transfer of title of the valueless hom…

The rights provided in this chapter to a real property owner are not exclusive of other rights of the real property owner. 95 Acts, ch 104, §6

As used in this chapter , unless the context otherwise requires: 1. “Banking organization” means any bank, trust company, savings bank, savings association, industrial bank, land bank, safe deposit company, or a private banker engaged in business in this state. 2. “Business assoc…

If specific property which is subject to the provisions of sections 556.2 , 556.5 , 556.6 , 556.7 and 556.9 is held for or owed or distributable to an owner whose last known address is in another state by a holder who is subjected to the jurisdiction of that state, the specific p…

1. Every person holding funds or other property, tangible or intangible, presumed abandoned under this chapter shall report to the state treasurer with respect to the property as hereinafter provided. 2. The report shall be verified and shall include: a. Except with respect to tr…

1. If a report has been filed with the treasurer of state, or property has been paid or delivered to the treasurer of state, for the fiscal year ending on June 30 or, in the case of unclaimed demutualization proceeds, for the preceding calendar year as required by section 556.11 …

1. Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required by section 556.11 , the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the administrator the property described in the…

1. Upon the payment or delivery of property to the treasurer of state, the state assumes custody and responsibility for the safekeeping of the property. A person who pays or delivers property to the treasurer of state in good faith is relieved of all liability to the extent of th…

When property other than money is paid or delivered to the treasurer of state under this chapter , the owner is entitled to receive from the treasurer of state any dividends, interest, or other increments realized or accruing on the property at or before liquidation or conversion…

The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property, shall not prevent the money or property from being presumed abandoned proper…

1. All abandoned property other than money delivered to the treasurer of state under this chapter which remains unclaimed one year after the delivery to the treasurer may be sold to the highest bidder in a manner that affords in the treasurer’s judgment the most favorable market …

1. Except as provided in subsection 3 , all funds received under this chapter , including the proceeds from the sale of abandoned property under section 556.17 , shall be deposited quarterly by the treasurer of state in the general fund of the state. However, the treasurer of sta…

1. Any person claiming an interest in any property delivered to the state under this chapter may file a claim thereto or to the proceeds from the sale thereof on the form prescribed by the state treasurer. 2. Notwithstanding subsection 1 , the treasurer of state may waive the req…

The following property held or owing by a banking or financial organization or by a business association is presumed abandoned: 1. Any demand, savings, or matured time deposit made in this state with a banking organization, together with any interest or dividend, excluding any ch…

1. The treasurer of state shall consider any claim filed under this chapter and may hold a hearing and receive evidence concerning the claim. If a hearing is held, the treasurer shall prepare a finding and a decision in writing on each claim filed, stating the substance of any ev…

Any person aggrieved by a decision of the state treasurer or as to whose claim the treasurer has failed to act within ninety days after the filing of the claim, may commence an action in the district court to establish that person’s claim. The proceeding shall be brought within n…

1. The treasurer of state may elect to allow a holder to file a report as provided in section 556.11 , or to deliver or pay property to the treasurer, before the property is presumed abandoned, upon consent of the treasurer and according to terms and conditions prescribed by the …

The treasurer of state may at reasonable times and upon reasonable notice examine the records of any person if the treasurer of state has reason to believe that the person has failed to report property that should have been reported pursuant to this chapter . If an examination of…

If any person refuses to deliver property to the state treasurer as required under this chapter , the treasurer shall bring an action in a court of appropriate jurisdiction to enforce such delivery. [C71, 73, 75, 77, 79, 81, §556.24 ]

1. The treasurer of state shall maintain a public record of the name and last known address of each person appearing to be entitled to unclaimed or abandoned property paid or delivered to the treasurer pursuant to this chapter . 2. Notwithstanding any other provision of law, any …

1. A person who fails to pay or deliver property within the time prescribed by this chapter shall pay the treasurer of state interest at the annual rate of ten percent on the property or value of the property from the date the property should have been paid or delivered but in no…

The state treasurer is hereby authorized to make necessary rules to carry out the provisions of this chapter . [C71, 73, 75, 77, 79, 81, §556.26 ]

This chapter shall not apply to any property that has been presumed abandoned or escheated under the laws of another state prior to July 1, 1967. [C71, 73, 75, 77, 79, 81, §556.27 ]

1. The treasurer of state may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that it or another state may be entitled to subject to a claim of custody. The treasurer of stat…

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. [C71, 73, 75, 77, 79, 81, §556.28 ] C85, §556.29

1. Subject to subsection 4 , any sum payable on a traveler’s check that has been outstanding for more than fifteen years after its issuance is deemed abandoned unless the owner, within fifteen years, has communicated in writing with the issuer concerning it or otherwise indicated…

1. Any sum payable on a check, draft, or similar instrument, except those subject to section 556.2A , on which a banking or financial organization is directly liable, including a cashier’s check and a certified check, which has been outstanding for more than three years after it …

1. a. An unpaid, outdated warrant that is canceled pursuant to section 8A.519 shall be included in a list of outstanding state warrants maintained by the director of the department of administrative services. On or before July 1 of each year, the director of the department of adm…

1. Unclaimed funds, as defined in this section , held and owing by a life insurance corporation shall be presumed abandoned if the last known address, according to the records of the corporation, of the person entitled to the funds is within this state. If a person other than the…

This chapter may be cited as the “Uniform Disposition of Unclaimed Property Act” . [C71, 73, 75, 77, 79, 81, §556.29 ] C85, §556.30