remainderman's affidavit
Laura McCann/IowaBar
Wednesday January 17, 2007 11:14



----- Message from "Bruce Nuzum" <mclaw@pcpartner.net> on Fri, 27 Oct 2006 09:05:47 -0600 -----
To:
"'W Varley'" <varley@coonvalleytelco.com>
cc:
<realestate@iabar.org>
Subject:
RE: remainderman's affidavit

I agree that a legislative fix is needed.  However, in Jasper County our Auditor and Recorder accept the affidavit to change the tax records, and do not give us any trouble as to subsequent deeds.  At the same time, neither the Clerk of Court nor the Recorder will sign off on any “change of title” that the Code section appears to require.
 
Bruce Nuzum
 



From: realestate-owner@iabar.org [mailto:realestate-owner@iabar.org] On Behalf Of W Varley
Sent: Thursday, October 26, 2006 4:56 PM
To: John Mayne
Cc: realestate@iabar.org
Subject: Re: remainderman's affidavit
 
 Attached is the affidavit I have been using.  The problem I now have is that the local recorder with record it as a non-conveyance affidavit and the  auditor will not enter it on the transfer books.  If the remainderman gets a title opinion, local counsel show marketable title in the remainderman, but if the remainderman tries to deed it away, the recorder will not accept the deed because the property does not show up in the remainderman's name in the transfer book.

I thought the real estate or probate section was working on a legislative fix for this so it would work like an affidavit of surviving spouse.

Warren Varley
 
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John Mayne wrote:

Anyone have a form of affidavit under 558.41(4) that they’re proud of?

558.41(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 prepare a change of title or affidavit for tax purposes and shall deliver such instrument to the county recorder of the county in which each parcel of real estate is located.”
 

 God forbid that I should have to exert any mental energy on original draftsmanship.

John D. Mayne

Attorney-at-Law

300 Pioneer Bank Building

701 Pierce Street

P.O. Box 1678

Sioux City, IA 51102-1678

712.277.1434

712.255.8049 fax

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Document IconAff Explanatory of Title - JT.docType: application/octet-stream
Name: Aff Explanatory of Title - JT.doc