555B.2 Removal — notice to sheriff. 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 ownerof the personal property pays a fair and reasonable charge for removal, storage, or otherexpense incurred, including reasonable attorney fees, or until a judgment of abandonmentis entered pursuant to section 555B.8 provided that there is no lien on the mobile home orpersonal property other than a tax lien pursuant to chapter 435. For purposes of this chapter,a lien other than a tax lien exists only if the real property owner receives notice of a lien on thestandardized registration form completed by a tenant pursuant to section 562B.27, subsection3, or a lien has been filed in state or county records on a date before the mobile home isconsidered to be abandoned. The real property owner or the real property owner’s agent isnot liable for damages caused to the mobile home and personal property by the removal orstorage unless the damage is caused willfully or by gross negligence. 2. r or the real property owner’s agent isnot liable for damages caused to the mobile home and personal property by the removal orstorage unless the damage is caused willfully or by gross negligence. 2. The real property owner shall notify the sheriff of the county where the real property is located of the removal of the mobile home and other personal property. a. If the mobile home owner can be determined, and if the real property owner so requests, the sheriff shall notify the mobile home owner of the removal by restricted certified mail. Ifthe mobile home owner cannot be determined, and the real property owner so requests, thesheriff shall give notice by one publication in one newspaper of general circulation in thecounty where the mobile home and personal property were unlawfully parked, placed, orabandoned. If the mobile home and personal property have not been claimed by the ownerwithin six months after notice is given, the mobile home and personal property shall be soldby the sheriff at a public or private sale. After deducting costs of the sale the net proceedsshall be applied to the cost of removal, storage, notice, attorney fees, and any other expensesincurred for the sheriff at a public or private sale. After deducting costs of the sale the net proceedsshall be applied to the cost of removal, storage, notice, attorney fees, and any other expensesincurred for preserving the mobile home and personal property, including any rent owed bythe mobile home owner to the real property owner in connection with the presence of themobile home on the real property. The remaining net proceeds, if any, shall be paid to thecounty treasurer to satisfy any tax lien on the mobile home. The remainder, if any, shall beretained by the county treasurer. A sheriff’s sale transfers to the purchaser for value, all ofthe mobile home owner’s rights in the mobile home and personal property, and dischargesthe real property owner’s interest in the mobile home and personal property, and dischargesthe tax lien on the mobile home. If the purchaser acts in good faith the purchaser takesfree of all rights and interests even though the real property owner fails to comply with therequirements of this chapter or of any judicial proceedings. b. If the real property owner removes the mobile home and personal property but does not request that the sheriff notify the mobile home herequirements of this chapter or of any judicial proceedings. b. If the real property owner removes the mobile home and personal property but does not request that the sheriff notify the mobile home owner, the real property owner shall proceedwith an action for abandonment as provided in sections 555B.3 through 555B.9. 88 Acts, ch 1138, §2C89, §562C.2C93, §555B.293 Acts, ch 154, §8, 9; 94 Acts, ch 1110, §22, 24Referred to in §555B.1, 555B.3, 562B.27 Sat Dec 23 11:04:14 2023 Iowa Code 2024, Section 555B.2 (15, 0)
Iowa Legal Code