§ 558.41

558.41 Recording. 1. Effect of recording. An instrument affecting real estate is of no validity against subsequent purchasers for a valuable consideration, without notice, or against the state orany of its political subdivisions during and after condemnation proceedings against the realestate, unless the instrument is filed and recorded in the county in which the real estate islocated, as provided in this chapter. 2. Priority. An interest in real estate evidenced by an instrument so filed shall have priority over any lien that is given equal precedence with ordinary taxes under chapter 260Eor 260F, or its successor provisions, except for a lien under chapter 260E or 260F upon thereal estate described in an instrument or job training agreement filed in the office of therecorder of the county in which the real estate is located prior to the filing of a conflictinginstrument affecting the real estate, and a subordinate lien under chapter 260E or 260F maybe divested or discharged by judicial sale or by other available legal remedy notwithstandingany provision to the contrary contained in chapter 260E or 260F, or its successor provisions.Nothing in this section shall abrogate the

judicial sale or by other available legal remedy notwithstandingany provision to the contrary contained in chapter 260E or 260F, or its successor provisions.Nothing in this section shall abrogate the collection of, or any lien for, unpaid property taxeswhich have attached to real estate pursuant to chapter 445, including taxes levied againsttangible property that is assessed and taxed as real property pursuant to chapter 427A, orthe collection of, or any lien for, unpaid taxes for which notice of lien has been properlyrecorded pursuant to section 422.26. 3. Prohibitions against recording unenforceable. A provision contained in a residential real estate installment sales contract which prohibits the recording of the contract, or therecording of a memorandum of the contract, is unenforceable by any party to the contract. 4. Termination of life estate. Upon the termination of a life estate interest through the death of the holder of the life estate, any surviving holder or successor in interest shall preparea change of title or affidavit for tax purposes and shall deliver such instrument to the countyrecorder of the county in which each parcel of real estate is located.

uccessor in interest shall preparea change of title or affidavit for tax purposes and shall deliver such instrument to the countyrecorder of the county in which each parcel of real estate is located. [C51, §1211; R60, §2220; C73, §1941; C97, §2925; C24, 27, 31, 35, 39, §10105; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §558.41] 93 Acts, ch 33, §1; 93 Acts, ch 180, §91; 98 Acts, ch 1120, §2; 2004 Acts, ch 1144, §3; 2006 Acts, ch 1031, §7 Sat Dec 23 11:05:40 2023 Iowa Code 2024, Section 558.41 (17, 0)