§ 572.21

572.21 Foreclosure of mechanic’s lien when lien on land. In the foreclosure of a mechanic’s lien when there is a superior lien, encumbrance, or mortgage upon the land the following regulations shall govern: 1. Lien on original and independent building or improvement. If such material was furnished or labor performed in the construction of an original and independentbuilding or improvement commenced after the attaching or execution of such superiorlien, encumbrance, or mortgage, the court may, in its discretion, order such building orimprovement to be sold separately under execution, and the purchaser may remove thesame in such reasonable time as the court may fix. If the court shall find that such buildingor improvement should not be sold separately, it shall take an account of and ascertain theseparate values of the land, and the building or improvement, and order the whole sold,and distribute the proceeds of such sale so as to secure to the superior lien, encumbrance,or mortgage priority upon the land, and to the mechanic’s lien priority upon the building orimprovement. 2. Lien on existing building or improvement for repairs or additions.

perior lien, encumbrance,or mortgage priority upon the land, and to the mechanic’s lien priority upon the building orimprovement. 2. Lien on existing building or improvement for repairs or additions. If the material furnished or labor performed was for additions, repairs, or betterments upon any buildingor improvement, the court shall take an accounting of the values before such material wasfurnished or labor performed, and the enhanced value caused by such additions, repairs, orbetterments; and upon the sale of the premises, distribute the proceeds of such sale so as tosecure to the superior mortgagee or lienholder priority upon the land and improvements asthey existed prior to the attaching of the mechanic’s lien, and to the mechanic’s lienholderpriority upon the enhanced value caused by such additions, repairs, or betterments. In casethe premises do not sell for more than sufficient to pay off the superior mortgage or othersuperior lien, the proceeds shall be applied on the superior mortgage or other superior liens. [R60, §1853, 1855; C73, §2139, 2141; C97, §3095; C24, 27, 31, 35, 39, §10290; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §572.21] 2007 Acts, ch 83, §14 Sat

ior mortgage or other superior liens. [R60, §1853, 1855; C73, §2139, 2141; C97, §3095; C24, 27, 31, 35, 39, §10290; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §572.21] 2007 Acts, ch 83, §14 Sat Dec 23 11:07:55 2023 Iowa Code 2024, Section 572.21 (17, 0)