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Iowa Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Iowa on
Q: If two individuals own a property, both names are on the deed, do you need permission from both owners to say, hunt?

The property is in Iowa and it is owned by two family members. We just need clarification if permission is needed from both owners before anyone can hunt, fish, or ride four wheelers on the property. Thank you.

Anthony M. Avery
Anthony M. Avery answered on Dec 3, 2021

Either Tenant In Common can prohibit you from hunting on the property. So it would be much better to get written permission from all owners. One owner might not know about the other giving permission and put you in jail. You want to keep both owners happy. Game Wardens will also want permission... Read more »

1 Answer | Asked in Real Estate Law for Iowa on
Q: If my name is on the deed to a property with my x boyfriend can I ask for half of the equity to sign off?

my name is not on the mortgage and I have not lived there in the last 5 years.

Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

You certainly can demand consideration for your conveyance. But you have not stated the exact estate you have. If the agreed monies are not provided to you, do not sign. The other owner could file a Partition Action against you to sell the property.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Iowa on
Q: Do I have to sell my home if co-owner wants to sell.

I was awarded the property in my devorce. Former friend Co signed for a loan for $63,550 5 years ago. To pay off the existing $35,000 and repairs to the home .

he want to sell it with him getting. 1/2 after I refused marrage to him.

Its all I have . Iam on disability.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 28, 2021

Yes. In this situation either owner can force the other owner to sell the property. It is called an action for partition.

1 Answer | Asked in Real Estate Law for Iowa on
Q: If I sign a quick claim deed. Can they sell the property if there is still a mortgage on it?
Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

Not sure of your question. But it sounds like you are trying to convey your interest by Quit Claim Deed to the grantee subject to the mortgage. Unless the grantee assumes the mortgage, he is not personally obligated on the note debt, but the property is the collateral subject to foreclosure. And... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Iowa on
Q: If my apartment company is changing ownership mid-lease, is this grounds to terminate the lease by my choice?

We recently had to move cities due to a new job but are still paying on our apartment in the old location because our lease is not up yet. Our apartment company notified us that they are changing ownership and that all rent needs to be paid to the new owners starting immediately. Because our lease... Read more »

Erik Luthens
Erik Luthens answered on Jan 24, 2020


2 Answers | Asked in Real Estate Law for Iowa on
Q: I am buying a home for cash in Illinois. At closing must funds be wired or may payment be by cashier's check?
Vincent Gallo
Vincent Gallo answered on Nov 26, 2019

The easiest way to find out is to ask.

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1 Answer | Asked in Bankruptcy, Landlord - Tenant and Real Estate Law for Iowa on
Q: My Landlord filed bankruptcy in Iowa . The sheriff is holding an auction. I would like to know how much time I have?

I was purchasing the home from my landlord on contract I’m fine with losing that money it’s not worth it especially since he’s filing bankruptcy. The auction is coming up soon. I would like to know how much time I have (if any) after the auction?

Timothy Denison
Timothy Denison answered on Oct 16, 2019

Probably 30 days after sale, give it take.

1 Answer | Asked in Real Estate Law and Tax Law for Iowa on
Q: I live in Iowa and have court established homestead rights, can the county I live in sell my property due to back taxes?
D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 8, 2019

Under 561.1 of the Iowa Code past due taxes to the State of Iowa and Iowa counties or municipalities are specifically exempt from the homestead laws.

The county can and will auction your property to satisfy past due to back taxes.

I would suggest contacting the tax authority to...
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1 Answer | Asked in Consumer Law, Real Estate Law and Collections for Iowa on
Q: I own a timeshare in Mass and paid my maintenance fee late. They are refusing my payment (check).

I did not find any emails from them until I looked at my spam so it looked like I was avoiding them. I informed them by email that I was waiting for my tax return because I saw that there was a one-time Maintenance increase for an owner agreed on repairs. I have asked them to work with me but... Read more »

Michael Hales
Michael Hales answered on Jun 5, 2019

If they never sent you paper bills, you may have an argument that they did not give you notice. If that does not work, you may have an attorney negotiate with the collection agency. Most timeshare companies use the same collection companies. I've found that they'll typically negotiate on... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Iowa on
Q: I paid my rent in full on May 1 that was posted online. The 7th there was a note posted on my door stating I owed more.

My question is can my landlord add to my rent after the fact and only give me 3 days to pay more rent?

Erik Steven Fisk
Erik Steven Fisk answered on May 9, 2018

If you're in St. Paul, you'll need to ask in Minnesota - because that would be governed by MN law, not IA law.

1 Answer | Asked in Real Estate Law for Iowa on
Q: is an apartment suppose to be provided a smoke alarm? or does the resident have to purchase it?
Erik Steven Fisk
Erik Steven Fisk answered on May 8, 2018

It depends. Your City's rental code (if it has one) is the first place to look.

1 Answer | Asked in Libel & Slander and Real Estate Law for Iowa on
Q: Is it legal to post pictures and tell someone's address on Facebook after their house gets condemned
Erik Luthens
Erik Luthens answered on Feb 21, 2018

Generally, a condemnation order is a public document generated by a local governmental agency. Accordingly, identifying the address of a condemned property on social media wouldn’t be libelous.

1 Answer | Asked in Real Estate Law and Personal Injury for Iowa on
Q: Someone entered my land and fell into a whole I had dug for plantation and broke his leg and now he is suing me?
Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Aug 31, 2017

You owed no duty to warn a trespasser but you do owe them reasonable warnings when you are aware people use a path across your land. The answer to your question lies in the details. As the saying goes, the devil lies in the details. Your question doesn't really provide much detail and so... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Iowa on
Q: I have a land contract. The buyer is trying to force me to take full payment immediately.. Can he do that?
Harley C. Erbe
Harley C. Erbe answered on Aug 8, 2017

This question can't be answered through this service. The contract would have to be reviewed. Details of the underlying situation would have to be gathered. To get competent, useful advice, you'll likely need to schedule a meeting with an attorney.

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Iowa on
Q: Can person "sell" their own property to their girlfriend/boyfriend in a domestic situation?

Man owns a mobile home. His mother and girlfriend live in the same home. His girlfriend pays rent and other bills. His mother does not. His mother attacks his girlfriend and he gets in the middle to prevent more physical harm to the girlfriend. Mother calls cops. Cops arrest man. Can man sell his... Read more »

Nicholas A. Sarcone
Nicholas A. Sarcone answered on Feb 23, 2017

It is not necessary to sell your mobile home in order to evict your mother. There is an eviction process which a lawyer can help you with. The lawyer is allowed contact with the protected party and can therefore effectuate the eviction.

2 Answers | Asked in Personal Injury, Municipal Law and Real Estate Law for Iowa on
Q: What do you do if a neighbor applies chemicals to your property after you have told him not to
Harley C. Erbe
Harley C. Erbe answered on Feb 17, 2017

It depends upon the damage to your property and whether it's worth pursuing a legal claim. More information is needed.

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1 Answer | Asked in Consumer Law, Real Estate Law, Contracts and Legal Malpractice for Iowa on
Q: I was not given any advance notification that my attorney was leaving the law firm, is this acceptable?

I retained an attorney in Iowa (I live in Montana) to represent me in a real estate matter concerning property in Iowa, in March 2016. I have sent a $12,500 retainer, and about half of it has been spent. Today I was informed the the attorney has left that firm and another attorney is picking up... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 18, 2016

You should have been told in advance, but if there was an emergency--illness etc--then advance notice need not be sent.

As they have your file assuming things are moving along, you need to speak with them find out what their background is what their plans are etc.

1 Answer | Asked in Real Estate Law for Iowa on
Q: Can a mobile home park owner give away abandoned homes in Iowa?

There is a mobile home in our rural park that was abandoned and left all trashed out. It was the home for feral cats and more. The floor was rotted way, windows knocked out, skirting off in most areas, just very trashy. The owner of the court is very tight with his money and didn't want to pay... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 3, 2015

Basically, you are asking if something can be done which has already been done. The point here is what can you do about what has already happened. You could band together with other residents, for instance, and go see a local real estate attorney.

1 Answer | Asked in Real Estate Law for Iowa on
Q: Can a Realtor who is hosting an open house, offer free ice cream treats ONLY if guests sign in?
Adam Studnicki
Adam Studnicki answered on Aug 3, 2015

It's the Realtor's ice cream, so why not? But check with a local real estate lawyer to verify.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal...
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