Let's assume that a Restitution Order appears in the abstract being examined.

If Order is filed in the county where the property owner is sentenced and where his property is located, then obviously it got there because 
1) the sentencing Judge entered his sentencing Order in the criminal case record, 
2) included a restitution provision, and 
3) uploaded the Order to EDMS.

So I guess we may presume "The state" filed the Order. 
(Albeit, a presiding Judge probably was not the State officer the Legislature had in mind...)

If Order is filed in a county other than the sentencing county, then obviously it's a stand-alone order, transcribed from somewhere else.
Someone interested must have made an effort (and *only* someone interested--i.e., the beneficiary of the Restitution Order--would do so) to 
4) locate real estate owned by the criminal,
5) obtain a certified copy of the Restitution Order from the Clerk of Court, and
6) file said certified copy in the county where the real estate is located. 
   
"Any office" makes a shorter reference than saying "the County Recorder, the County Clerk of Court, or the Secretary of State"--who are the usual lien-filing officers. 
Clerk of Court's office must (by implication) be the office where were filed the restitution judgments declared enforceable by:
State v. Hagen, 840 N.W.2d 140 (Iowa 2013) and
State v. Ross, 803 N.W.2d 673 (Iowa App. 2011)(Table).

Regardless of how the Order came to be filed-- From the abstract showing, how can a title examiner identify who filed the lien?
I think such a lien must be presumed valid until otherwise flushed. 

David Hanson
Hofmeyer & Hanson PC
Fayette, Iowa


----- Original Message -----
From: "Douglas Daggett" <realestate@iabar.org>
To: realestate@iabar.org
Sent: Wednesday, June 6, 2018 7:49:33 AM
Subject: Re: [ISBA RealEstate] Restitution Ordered in Criminal Case

The last clause of Section 910.7A(1) reads, "[a restitution order] may be recorded in any office for the filing of liens against real or personal property." 
Section 910.10(1) reads, "The state or a person entitled to resitution under a court order may file a restitution lien." Section 910.10(4) reads, "The filing of a restitution lien in accordance with this section creates a lien in favor of the state and the victim in any personal or real property identified in the lien . . ." Section 910.10(5) provides that this section does not limit any other remedy at law. 
Question: Do these code sections read together mean that the lien against the real property only attaches if the state or victim files the restitution lien according to Section 910.10? 
Doug Daggett 
Sent: Tuesday, June 05, 2018 at 9:41 PM 
From: "Timothy L. Gartin" <realestate@iabar.org> 
To: realestate@iabar.org 
Subject: Re: [ISBA RealEstate] Restitution Ordered in Criminal Case 
Hi Ryan, 
Thanks for sharing the fact pattern and Rich’s answer. I concur that this would constitute a junior lien that was not resolved in the course of the foreclosure. A couple of options — 
1. Was this John’s homestead? Would this be an instance where a Notice of Homestead and Demand to Levy would resolve things? Thus, even though the judgment survived the foreclosure because the judgment holder was not named and served, where the property can be established as John’s homestead at the time of the judgment through the sheriff’s deed, the potential of a judgment lien might be resolved 30 days after the Notice is provided. 
2. We have top notch foreclosure firms in Iowa. I have had great success in obtaining help from the foreclosing attorney in the rare instance where a junior lien was not resolved in the foreclosure. I suggest reaching out to the firm and asking whether they have any suggestions. 
It was great to see you the Lawyers Chautauqua! 


Thanks, 

Tim 


Timothy L. Gartin 
Hastings Gartin & Boettger LLP 
409 Duff 
Ames, IA 50010 
T: 515-232-2501 / F: 515-232-2525 
timothygartin@amesattorneys.com 


On June 5, 2018 at 2:05:09 PM, Ryan Mohr ( realestate@iabar.org ) wrote: 


Rich Meyer was kind enough to answer my question, so I thought I would forward the answer: 
"910.7A of the Code provides that a restitution order constitutes a judgment and lien against all property of the defendant. 910.8 says the victim also has civil remedies against the defendant. I think the bank’s title has a judgment lien in favor of the victim." 
I agree with Rich, based on that statute 910.7A(2), the bank should have included the victim in the foreclosure action. 
Thanks, 
Ryan 
Ryan A. Mohr 
Law Offices of 
PHIL REDENBAUGH, P.C., RYAN A. MOHR & BRETT C. REDENBAUGH 
Telephone: 712-732-1873 
Fax: 712-732-4274 
Email: ryan@redenlaw.com 


Confidentiality Notice: The information included in this e-mail, including any attachments, is for the sole use of the intended recipient and may contain information that is confidential and protected. Any unauthorized review, use, distribution or similar action is prohibited. If you are not the intended recipient, please contact the sender and delete all copies of the original message immediately. 
On Tue, Jun 5, 2018 at 11:54 AM, Ryan Mohr < ryan@redenlaw.com > wrote: 


Question about rights of listed victim in Criminal Judgment. 
I am surprised that I have not seen this situation ... 


    * John owns real property, Bank has lien and mortgage is filed (2013). 
    * Later, John gets convicted of a crime and a judgment is entered. John is sentenced. 
    * The criminal Judgment Entry (2015) requires payment of fine, surcharge etc., and also restitution to Victim "Vicki"... 
    * Later yet (2016), Bank begins foreclosure on John's real property, serving all ordinary parties; however, Vicki "the victim" is not served or named -- the State of Iowa, as listed plaintiff in the Judgment Entry was served and named as a defendant. 
    * Foreclosure is completed and Sheriff deed is delivered (2018). 
    * Abstract lands on my desk for review :) 
    * I contacted Vicki and Restitution is not fully paid but being paid pursuant to Probation... 
Obviously, John has an obligation to pay Vicki (enforced by the State), but did the criminal sentence/judgment create an independent judgment lien right in Vicki wherein Vicki would need to be served and named in the foreclosure lawsuit? 
Thanks in advance for your thoughts. 
Ryan Mohr 
Ryan A. Mohr 
Law Offices of 
PHIL REDENBAUGH, P.C., RYAN A. MOHR & BRETT C. REDENBAUGH 
Telephone: 712-732-1873 
Fax: 712-732-4274 
Email: ryan@redenlaw.com 


Confidentiality Notice: The information included in this e-mail, including any attachments, is for the sole use of the intended recipient and may contain information that is confidential and protected. Any unauthorized review, use, distribution or similar action is prohibited. If you are not the intended recipient, please contact the sender and delete all copies of the original message immediately.