555B.9 Disposal — proceeds. 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 ina commercially reasonable manner. If the personal property owner, lienholder, or otherclaimant has asserted a claim to the mobile home or personal property within the judicialproceedings, that person shall be notified of the sale by restricted certified mail not less thanfive days before the sale. The notice is deemed given upon the mailing. The real propertyowner may buy at any public sale, and if the mobile home or personal property is of a typecustomarily sold in a recognized market or is the subject of widely distributed standard pricequotations, 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 realproperty owner’s interest in the mobile home and personal property, any tax lien, and anyother lien. The purchaser takes free of all rights and interests even though the real propertyowner fails to comply rty owner’s interest in the mobile home and personal property, any tax lien, and anyother lien. The purchaser takes free of all rights and interests even though the real propertyowner fails to comply with the requirements of this chapter or of any judicial proceedings, ifthe 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 thattime, the surplus may be retained by the real property owner. If a deficiency remains afterdistribution 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 eeds, 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 obtainedpursuant to section 555B.8. Written notice of the proposal shall be sent to the mobile homeowner, lienholder, or other claimant, if that person has asserted a claim to the mobile home orpersonal property in the judicial proceedings. If the real property owner receives objectionin writing from the mobile home owner, lienholder, or other claimant within twenty-onedays after the notice was sent, the real property owner shall dispose of the mobile homeand personal property pursuant to subsection 1. If no written objection is received by thereal property owner within twenty-one days after the notice was sent, the mobile home andpersonal property may be retained. Retention of the mobile home and personal propertydischarges 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 rty 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 themobile home and personal property pursuant to subsection 4, the real property owner maydispose of the mobile home and personal property to a demolisher or junkyard. Proceedsfrom the disposition shall be distributed pursuant to subsection 3. If the personal propertyis a motor vehicle to which section 321.90 applies, the real property owner shall present theorder for disposal obtained pursuant to section 555B.8, subsection 3, to the police authorityto obtain a certificate of authority to dispose of the motor vehicle pursuant to section 321.90,subsection 2. 88 Acts, ch 1138, §9C89, §562C.9C93, §555B.92022 Acts, ch 1070, §23, 24Referred to in §321.90, 555B.2, 555B.8, 648.22A Sat Dec 23 11:04:17 2023 Iowa Code 2024, Section 555B.9 (17, 0)
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