This text of Iowa § 575.1 (Nonstatutory liens) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.A person claiming a common law lien, an equitable servitude lien, or a lien of similar
nature which is other than a statutory lien, shall first give notice to any legal and equitable
owners and persons in possession of the real or personal property against which the lien is
sought.
a.If the lien is filed by an owner of the real or personal property, notice shall first be given
to any person with a lien or other interest in the property.
b.The notice shall be given pursuant to the Iowa rules of civil procedure.
2.Prior to the filing of the lien in any office of record in the county where the real or
personal property is located, the following shall occur:
a.The clerk of the district court shall confirm that all notices required pursuant to
subsection 1 have been given.
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1. A person claiming a common law lien, an equitable servitude lien, or a lien of similar
nature which is other than a statutory lien, shall first give notice to any legal and equitable
owners and persons in possession of the real or personal property against which the lien is
sought.
a. If the lien is filed by an owner of the real or personal property, notice shall first be given
to any person with a lien or other interest in the property.
b. The notice shall be given pursuant to the Iowa rules of civil procedure.
2. Prior to the filing of the lien in any office of record in the county where the real or
personal property is located, the following shall occur:
a. The clerk of the district court shall confirm that all notices required pursuant to
subsection 1 have been given.
b. The district court in such county shall hold a hearing to determine the validity of the
lien.
(1) Pendencyofsuchaproceedingshallnotbeindexedundersection617.10andshallnot
constitute lis pendens or constructive notice to third persons under sections 617.11 through
617.15.
(2) A bona fide purchaser takes title to the real or personal property free of any claims
arising from such proceeding unless proper filing is made in the office of the county recorder
as provided in this section.
(3) The person claiming the lien is required to prove the validity of the lien by a
preponderance of the evidence.
(4) If the court determines the person claiming the lien has willfully and maliciously
proceeded, a judgment may be entered against the person claiming the lien in favor of any
resisting party for reasonable damages, including actual damages, costs, and reasonable
attorney fees incurred by the resisting party.
3. A lien, as described in this section, shall not be filed in any office of record other than
as provided in this section and if such lien is filed other than as provided in this section, the
lien shall be null and void and of no force or effect.
4. If, after hearing, the district court enters an order determining the lien to be valid, the
person claiming the lien shall file a certified copy of the order in the office of the county
recorder where the real or personal property is located.
5. An appeal from the district court arising from such proceeding is by certiorari.