new title standard, a title standard repeal and five other updates were
approved by the ISBA Board of Governors at its quarterly meeting in December
2014 and have now been posted on the ISBA website.
approvals were based on recommendations by the ISBA Real Estate & Title Law
Section’s Title Standards Committee. You can review and download the new and
updated title standards by going to the Title Standards page or by navigating to the
ISBA’s website and clicking on "Title Standards” under the "Practice Tools”
new standard approved was Title Standard 4.13, pertaining to when the vendor
under a contract for deed is deceased and there is no surviving joint tenant
vendor. Title Standard 4.1 was repealed and is incorporated into revised Title
Standard 10.5 shown below.
The approved revisions include:
- Title Standard 6.7
pertaining to Iowa Code § 624.23(2) be relied upon to remove judgment liens
appearing in the chain of title and support a determination that a title is
- Title Standard 10.4
pertaining to when a mortgage, trust deed, contract, or other security
instrument is more than twenty years old, but the record of the mortgage
instrument, or any amendment or extension thereof, does not show the date of
- Title Standard 10.5
pertaining to when an instrument filed for record more than ten years ago
refers to an unrecorded real estate mortgage or similar security instrument and
such instrument does not disclose the due date of such unrecorded mortgage or
similar security instrument.
- Title Standard 10.6
pertaining to whether Iowa Code §614.24 through §614.28 may be relied upon to bar
use restrictions, including restrictive covenants, and reversions to land after
twenty one years from recording when a verified claim has not been filed within
the twenty-one year period.
- Title Standard 15.3
pertaining to whether an instrument affecting real estate is executed by a limited
liability company, is it necessary to obtain a showing from its certificate of
organization, operating agreement, or a duly authorized company resolution.