----- Message from "PHILIP McCORMICK" <mccormick@whitfieldlaw.com> on Tue, 3 Oct 2006 16:11:49 -0600 -----

To:	<realestate@iabar.org>
Subject:	marketable title in an abstract

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My client is buying a lot from a city here in Iowa.  The abstract of title showed the conveyance of the lot to the city.  There is no showing in the abstract that the city has complied with Chapter 364.7.(resolutions, notice of hearing)    The city has now complied with Chapter 364.7.   The attorney for the  city has taken the position that the abstract does not need to show compliance with Chapter 364.7 for the abstract to show marketable title in the city.   He is also taking he position that the City does not need to record the resolutions etc. either, but rather that the delivery of the documents along with the deed is sufficient.   He is aware of title standard 2.1.

Any thoughts regarding this would be appreciated.

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