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 has asserted a claim to the mobile home or personal property within the judicial
proceedings, that person shall be notified of the sale by restricted certified mail not less than
five days before the sale. The notice is deemed given upon the mailing. The real property
owner may buy at any public sale, and if the mobile home or personal property is of a type
customarily sold in a recognized market or is the subject of widely distributed standard price
quotations, the real property owner may buy at a private sale.
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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 has asserted a claim to the mobile home or personal property within the judicial
proceedings, that person shall be notified of the sale by restricted certified mail not less than
five days before the sale. The notice is deemed given upon the mailing. The real property
owner may buy at any public sale, and if the mobile home or personal property is of a type
customarily sold in a recognized market or is the subject of widely distributed standard price
quotations, the real property owner may buy at a private sale.
2. A sale pursuant to subsection 1 transfers to the purchaser for value, all of the mobile
home owner’s rights in the mobile home and personal property, and discharges the real
property owner’s interest in the mobile home and personal property, any tax lien, and any
other lien. The purchaser takes free of all rights and interests even though the real property
owner fails to comply with the requirements of this chapter or of any judicial proceedings, if
the purchaser acts in good faith.
3. The proceeds of the sale of mobile home and personal property shall be distributed as
follows:
a. First, to satisfy the real property owner’s judgment obtained under section 555B.8.
b. Second, to satisfy any tax lien for which a claim was asserted pursuant to section
555B.4, subsection 3.
c. Third, to satisfy any other lien for which a claim was asserted pursuant to section
555B.4, subsection 4.
d. Any surplus remaining after the proceeds are distributed shall be held by the real
property owner for six months. If the mobile home owner fails to claim the surplus in that
time, the surplus may be retained by the real property owner. If a deficiency remains after
distribution of the proceeds, the mobile home owner is liable for the amount of the deficiency.
4. Notwithstanding subsections 1 through 3, the real property owner may propose to
retain the mobile home and personal property in satisfaction of the judgment obtained
pursuant to section 555B.8. Written notice of the proposal shall be sent to the mobile home
owner, lienholder, or other claimant, if that person has asserted a claim to the mobile home or
personal property in the judicial proceedings. If the real property owner receives objection
in writing from the mobile home owner, lienholder, or other claimant within twenty-one
days after the notice was sent, the real property owner shall dispose of the mobile home
and personal property pursuant to subsection 1. If no written objection is received by the
real property owner within twenty-one days after the notice was sent, the mobile home and
personal property may be retained. Retention of the mobile home and personal property
discharges the judgment of the real property owner, any tax lien, and any other lien.
5. If the real property owner has made a good faith attempt to sell the mobile home and
personal property pursuant to subsection 1 but is unsuccessful and elects not to retain the
mobile home and personal property pursuant to subsection 4, the real property owner may
dispose of the mobile home and personal property to a demolisher or junkyard. Proceeds
5 DISPOSAL OF ABANDONED MOBILE HOMES AND PERSONAL PROPERTY, §555B.10
from the disposition shall be distributed pursuant to subsection 3. If the personal property
is a motor vehicle to which section 321.90 applies, the real property owner shall present the
order for disposal obtained pursuant to section 555B.8, subsection 3, to the police authority
to obtain a certificate of authority to dispose of the motor vehicle pursuant to section 321.90,
subsection 2.