§ 649.5 — Demand for quitclaim — attorney fees

Iowa § 649.5

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 649: QUIETING TITLE

Text

1. Before bringing suit to quiet a title to real estate, a party may make a written request
to the person holding an apparent adverse interest or right in the property asking that such
person, and that person’s spouse if any, execute, have acknowledged, and deliver a quitclaim
deed to the property to such requesting party.
2. The written request described in subsection 1 shall include a draft quitclaim deed to the
property, the street address of the property, a brief explanation of how the apparent adverse
interest or right arose, if known, and why the party believes the interest or right is not a valid
claim against title, a copy of this section, a self-addressed stamped envelope, and fifty dollars
to cover the expense of the execution, acknowledgment, and delivery of the deed.
3. Ifthepersonholdinganapparentadverseinterestorrightinthepropertyfailstocomply
within twenty days of receiving the written request, the filing of a disclaimer of interest or
right shall not avoid the costs in an action afterwards brought, and the court may assess, in

addition to the ordinary costs of court, a reasonable attorney fee for the requesting party’s
attorney.

Legislative History

[C97, §4226; C24, 27, 31, 35, 39, §12289; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §649.5]