§ 572.21 — Foreclosure of mechanic’s lien when lien on land

Iowa § 572.21

• Jurisdiction: Iowa
• Title XIV: PROPERTY
• Ch. 572: MECHANIC’S LIEN

Text

In the foreclosure of a mechanic’s lien when there is a superior lien, encumbrance, or
mortgage upon the land the following regulations shall govern:
1. Lien on original and independent building or improvement. If such material
was furnished or labor performed in the construction of an original and independent
9 MECHANIC’S LIEN, §572.23
building or improvement commenced after the attaching or execution of such superior
lien, encumbrance, or mortgage, the court may, in its discretion, order such building or
improvement to be sold separately under execution, and the purchaser may remove the
same in such reasonable time as the court may fix. If the court shall find that such building
or improvement should not be sold separately, it shall take an account of and ascertain the
separate values of the land, and the building or improvement, and order the whole sold,
and distribute the proceeds of such sale so as to secure to the superior lien, encumbrance,
or mortgage priority upon the land, and to the mechanic’s lien priority upon the building or
improvement.
2. Lien on existing building or improvement for repairs or additions. If the material
furnished or labor performed was for additions, repairs, or betterments upon any building
or improvement, the court shall take an accounting of the values before such material was
furnished or labor performed, and the enhanced value caused by such additions, repairs, or
betterments; and upon the sale of the premises, distribute the proceeds of such sale so as to
secure to the superior mortgagee or lienholder priority upon the land and improvements as
they existed prior to the attaching of the mechanic’s lien, and to the mechanic’s lienholder
priority upon the enhanced value caused by such additions, repairs, or betterments. In case
the premises do not sell for more than sufficient to pay off the superior mortgage or other
superior lien, the proceeds shall be applied on the superior mortgage or other superior liens.

Legislative History

[R60, §1853, 1855; C73, §2139, 2141; C97, §3095; C24, 27, 31, 35, 39, §10290; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §572.21]